Court Matters

Federal Appeals Court allows Kentucky and Tennessee to enforce bans on medically necessary care for trans and non-binary youth. The Sixth Circuit Court upheld Kentucky’s and Tennessee’s bans on medically necessary gender-affirming care on September 28th by a 2-1 vote. Lawyers for the families who brought the Tennessee challenge called the ruling a “devastating result for transgender youth and their families” and said they were “assessing [their] next steps” in defense of transgender rights.

Federal Matters

Government shutdown averted. President Biden signed a bipartisan bill on September 30th which will keep the government funded through November 17th while Congress debates longer term spending bills. 

Laphonza Butler historically sworn in to replace the late Dianne Feinstein in the Senate. Governor Gavin Newsom appointed Ms. Butler to complete the remainder of Senator Feinstein’s term following the Senator’s death on September 29th. Sen. Butler, a former labor leader and President of Emily’s List, is the first openly lesbian Black woman to serve in Congress, the first openly LGBTQ+ Senator from California, and only the third Black woman ever to serve in the Senate.

Equal Employment Opportunity Commission (EEOC) releases proposed enforcement guidance to protect LGBTQ+ workers from harassment. The new guidance, released on September 29th, was adopted by a 3-2 vote of the EEOC commissioners. It includes protections against harassment for LGBTQ+ workers and protections against harassment in virtual work environments. 

Centers for Disease Control and Prevention (CDC) releases guidance recommending treatment to prevent the spread of sexually transmitted infections (STIs). The CDC is proposing that health providers offer a single 200-milligram dose of doxycycline to men who have sex with men, as well as transgender women, within 72 hours after having unprotected sex. Studies have shown the treatment has led to a decrease in common STIs such as chlamydia, syphilis and gonorrhea and the CDC said it could avert about 40 percent of STIs in affected populations.

Rep. Kevin McCarthy (CA-23) ousted as Speaker of the House in historic vote. The House of Representatives voted to remove Speaker McCarthy from his position by a 216-210 vote on October 3rd. This is the first time the House has ever voted to remove a sitting Speaker. Rep. Patrick McHenry (NC-10) will serve as Speaker pro Tempore until a new Speaker is elected.

State Matters

Self-care note: While some of the following stories celebrate and affirm LGBTQ+ people, many cover legislation targeting the LGBTQ+ community, particularly trans and nonbinary youth. Please be kind to yourself and use your discretion while reading this section. 

Advisory: State news is representative but not exhaustive due to space constraints; feel free to forward news about your state to [email protected] to consider for inclusion.

Colorado - State Supreme Court to hear the case of Christian Baker who refused to make a cake celebrating a gender transition. Jack Phillips, a Colorado baker whose refusal to bake a wedding cake for a same-sex couple led to a Supreme Court case in 2018, refused to make a pink cake with blue frosting to celebrate a gender transition.

Pueblo County Commissioner allegedly calls colleague anti-LGBTQ+ slur. Pueblo County Commissioner Epimenio “Eppie” Griego has been accused of using a Spanish anti-LGBTQ+ slur to refer to Pueblo City Councilor Vincente Martinez Ortega at a September 16th dinner for the Southern Colorado Labor Council. Griego denied using the slur though others present at the dinner claim to have heard him do so. 

Delaware - Gov. Carney signs “gay and trans panic” defense ban into law. Delaware is the 17th state to ban defendants from using their victims’ real or perceived gender identity or sexual orientation as a justification for committing acts of violence. 

Florida - Trans and non-binary activists sue to block bathroom ban. The Center for Constitutional Rights announced on September 29th that six activists and a feminist group had filed a motion for a temporary restraining order against Florida’s bathroom ban. If successful, the restraining order would allow plaintiffs and other members of the community to use the bathroom conforming to their gender identity while protesting against transphobia at the National March to Protect Trans Youth in Orlando on October 7th. 

Judge rules teacher who cited Christian faith when misgendering student should be cleared of wrongdoing. Administrative Law Judge John Van Laningham backed a Miami-Dade County teacher who reportedly told a transgender student in December of 2019 that, "I'm a Christian, and my God made no mistakes" while refusing to call the student by chosen pronouns. Judge Van Laningham ruled the state Education Practices Commission, which can discipline teachers, should exonerate Yojary E. Mundaray on allegations of wrongdoing stemming from the misgendering incident. 

Nebraska - Emergency regulations announced restricting access to medically necessary care for trans and non-binary youth. The Nebraska Department of Health announced on October 1st that the state will begin requiring trans and non-binary youth seeking transition-related care to wait seven days and to undergo at least 40 hours of “gender-identity-focused” therapy that are “clinically neutral” before receiving any medical treatments meant to affirm their gender identities, including starting puberty blocking medications or hormone treatments. 

Texas - Tarrant County drops funding for Girls Inc., citing the organization’s support for the LGBTQ+ community and abortion rights. Tarrant County voted 2-3 on Oct. 3rd to end its partnership and block state funding for Girls Inc., citing the organization’s support for LGBTQ+ rights and access to legal abortion; the vote followed public testimony from conservative residents and activists.

Global Matters

Russia - A court has issued a warrant for the arrest of Russian LGBTQ+ activist and artist Yulia Tsvetkova. Tsvetkova, 30, draws nude bodies and is widely known for her advocacy of LGBTQ+ issues. Currently residing outside of Russia, Tsvetkova says that the court seeks to have her put in pretrial detention for at least six months. 

Uganda - Ugandan court moves toward hearing challenge to anti-gay law. On October 2nd, Uganda's Constitutional Court took a first step toward hearing a challenge to an anti-gay law that rights activists and Western governments have denounced as draconian. At least six people have been charged under the law so far, and rights groups said last week they had documented hundreds of cases of torture, evictions, and intimidation against LGBTQ+ people this year.

United Kingdom - Trans hospital patients in England to be banned from female- and male-only wards. Trans hospital patients in England will be banned from being treated in female- and male-only wards, under plans announced by the health secretary. The comments sparked a backlash from moderate Tory MPs, who fear LGBTQ+ people are being targeted as part of a wider culture war designed to appeal to the right of the party. Jamie Wallis, a Conservative who became the first openly transgender MP last year, said Barclay was grappling with a non-issue.

Media Matters

The ‘first English-language trans novel’ adapted for stage. The International Theatre Program at the University of Rochester is launching its production of Sarah Ruhl’s “Orlando” this October. This production offers an exploration of identity and gender fluidity. It joins a trend of an increasing and intensifying interest in the eponymous novel by Virginia Woolf. Ruhl has described her play, which she wrote in 1998, as true to the story Woolf told in the 1928 book.

PFLAG National
(202) 467-8180 | [email protected]

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