I really like the reporting of this person. I strongly suggest everyone subscribe to her substack and support her efforts if you can. But even though this is 7 days old it is really important as it shows how feelings are changing on protecting trans people. Hate won’t win if we and our politicians fight back. When they had the right takes advantage to attack the rights of the LGBTQ+. Hugs
The HHS and Education bills once contained the most sweeping anti-trans provisions in congressional history. Now they contain none.
Photo by Darren Halstead on Unsplash
Early Tuesday morning, final appropriations bills for the Departments of Labor, Health and Human Services, and Education—and related agencies—were released, marking the last major funding measures to be negotiated in the aftermath of the record-breaking government shutdown fight in 2025. That standoff featured multiple appropriations bills loaded with anti-transgender riders and poison pills for Democrats, ultimately ending in a short-term continuing resolution that punted many of those provisions to the end of January. While other “minibus” packages funding individual agencies moved forward, the Education and HHS bills were conspicuously absent, as they contained some of the most sweeping and consequential anti-trans riders ever proposed in Congress. Now, with the final bills released, it is clear that no anti-transgender riders were included—meaning transgender people will largely be spared new congressional attacks through most of 2026 should they pass as-is.
As the government shut down on Oct. 1, the state of appropriations bills needed to reopen the federal government for any extended period was extraordinarily dire for transgender people. Dozens of anti-transgender riders were embedded across House appropriations bills, even as those provisions were largely absent from the Senate’s versions. The riders appeared throughout nearly every funding measure, from Commerce, Justice, and Science to Financial Services and General Government. The most extreme provisions, however, were concentrated in the House HHS and Education bills, including language barring “any federal funds” from supporting gender-affirming care at any age and threatening funding for schools that support transgender students. Taken together, those measures would have posed a sweeping threat to transgender people’s access to education and health care nationwide.
Those fears eased somewhat when the government reopened under a short-term continuing resolution funding operations through the end of January. In the months that followed, Democrats notched a series of incremental victories for transgender people, advancing multiple appropriations “minibus” packages that stripped out anti-trans riders as the government was funded piece by piece. As amendment after amendment fell away, those wins grew more substantial, including the removal of a proposed ban on gender-affirming medical care from the NDAA—even after it had passed both the House and Senate. Still, the most consequential question remained unresolved: what would ultimately happen to the high-impact anti-trans provisions embedded in the HHS and Education bills.
Now, the package has been released—and for the moment, transgender people can breathe again. The final HHS and Education bills contain no anti-transgender provisions: no ban on hospitals providing gender-affirming care to transgender youth, no threats to strip funding from schools that support transgender students or allow them to use the bathroom, and no mandate forcing colleges to exclude transgender students from sports or activities like chess or esports. The bills are strikingly clean. As such, they avert yet another protracted shutdown fight in which transgender people are once again turned into political bargaining chips—and, at least for now, remove Congress as the immediate vehicle for new federal attacks, should they pass as-is.
When asked about the successful stripping of anti-trans provisions, a staffer for Representative Sarah McBride tells Erin In The Morning, “Rep. McBride works closely with her colleagues every day to defend the rights of all her constituents, including LGBTQ people across Delaware. In the face of efforts by the Trump administration and Republicans in Congress to roll back health care and civil rights, she was proud to work relentlessly with her colleagues in ensuring these funding bills did not include anti-LGBTQ provisions. It takes strong allies in leadership and on committees to rein in the worst excesses of this Republican trifecta, Rep. McBride remains grateful to Ranking Members DeLauro, Murray, and Democratic leadership for prioritizing the removal of these harmful riders.”
This does not mean that transgender people will not be targeted with policies and rules that affect them in all areas of life. The Trump administration has acted without regard to law in forcing bans on sports, pulling funding from schools and hospitals, and banning passport gender marker updates. The Supreme Court has been increasingly willing to let the office of the presidency under Trump do whatever it would like to transgender people. However, the lack of passage of bills targeting transgender people means that these attacks will only last for as long as we have Trump in the White House, and a future president should hopefully be easily able to reverse the attacks.
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