The U.S. House of Representatives passed a federal “Don’t Say Trans” bill on May 20, attempting to force teachers to out transgender students nationwide.
The bill, House Resolution 2616, also called the “Stopping Indoctrination and Protecting Kids Act,” would require schools to get parental consent before allowing students to use their preferred, rather than originally assigned, gender markers, pronouns, or preferred name on any school form, and to use any sex-based accommodations, including locker rooms or bathrooms.
The bill amends Section 8526 of the Elementary and Secondary Education Act of 1965, legislation that allows for federal aid to help elementary and secondary education programs — particularly those under its lowest-income Title I-A program — to stop allocating funds to any education that teaches concepts “related to gender ideology.”
This is directly related to Executive Order 14168, also known as the “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” order, one of President Donald Trump’s first executive orders of his second term. It requires the federal government to recognize only sex assigned at birth and dismiss gender identity rather than sex.
The bill was sponsored by U.S. Rep. Tim Walberg (R-Mich.) and passed by a 217-198 margin. The vote fell mostly along party lines; however, eight Democrats voted for its passage. They were U.S. Reps. Henry Cuellar (D-Texas), Donald Davis (D-N.C.), Cleo Fields (D-La.), Laura Gillen (D-N.Y.), Vicente Gonzalez (D-Texas), Marcy Kaptur (D-Ohio), Marie Gluesenkamp Perez (D-Wash.), and Eugene Vindman (D-Va.).
Proponents of the bill argue a child’s gender identity should be directed by parents at home rather than in public schools.
Critics say this is dangerous and will force students to be outed by their teachers to parents — some of whom may not be supportive of their gender identity — which could lead to violence or possibly conversion therapy.
California Congressman Mark Takano, chair of the Congressional Equality Caucus, spoke on the House floor while the bill was being debated.
“Republicans claim to be the party of small government, but they have no problem bringing the full force of the federal government down against children. The GOP thinks they can legislate transgender people out of existence with this inhumane Don’t Say Trans bill, but all they’re doing is making life worse for a small minority of already-vulnerable children,” Takano said. “I spent 24 years as an educator where I worked with hundreds of high school students and their parents. Most children go to their parents when they need help or are struggling — including transgender children — but not all parents are accepting. The forced outing provision of this bill puts teachers in an impossible situation by requiring them to out trans kids to their parents in certain situations — even if the teacher knows the student will likely face physical abuse. Students like these are who Republicans want to put in immediate physical danger with this bill.”
The Washington Blade talked to Tyler Heck, founder and executive director of the trans advocacy organization and Christopher Street Project PAC, following the bill’s passage.
“Most queer kids go to their families when they are figuring out who they are, and then not all queer kids have that option,” Heck told the Blade. “If this became law, it would harm those already vulnerable kids who rely on school as a safe place and might not have a safe place at home.”
They explained this is not about protecting parents’ rights to know what is going on with their children, but rather the weaponization of trans identity that has become a mainstream Republican ideal pushed by the Trump-Vance administration.
“Young people deserve the space to figure out who they are without the federal government interfering in their lives,” they said. “It is beyond the pale, or rather it should be beyond the pale, and has become a norm for Republicans in Congress to villainize kids, because I mean, this bill targets kids, it’s in the name of the bill, and it’s in the implications.”
Heck continued, saying that amid the rising cost of everyday necessities — from gas to groceries — and while the Trump-Vance administration continues to defund programs intended to help the most vulnerable Americans while creating slush funds for political allies, this is not what Congress should be focusing on.
“At a time when people are really struggling, and politicians need to be focused on lowering costs, they’re using queer and trans kids as political pawns,” Heck said. “They want to divide and conquer this country, and we need to stand up against them and unite behind values of inclusion and of trust in our teachers.”
David Stacy, the Human Rights Campaign’s vice president of government affairs, provided a statement to the Blade.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. HR 2616 does not protect children. It targets them. This bill is cruel, and we’ll continue to fight to ensure it never becomes law.”
The bill will move to the U.S. Senate in the coming days and weeks, but it must first be reviewed by a Senate committee before leadership schedules it for a floor vote, where it will need 60 votes to pass.
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