2023 Federal Legislative Scorecard

A Message from Tony Hoang, Valerie Ploumpis, and André Wade

Friends and advocates,

2023 was a challenging year for many LGBTQ+ people — most acutely for the transgender community, which was pummeled by political attacks aimed at stripping away their basic rights, spikes in anti-trans violence in nearly every state, and targeted campaigns of fear mongering and misinformation. Rather than addressing the myriad challenges facing the nation, conservatives in Congress focused their energy on attacking transgender, gender non-conforming, and intersex (“TGI”) people – especially TGI youth – and those who proudly support them, including loving parents, affirming medical caregivers, and supportive teachers and school administrators.

This scorecard reflects the first half of the 118th Congress in which Republicans controlled the House and Democrats held the Senate. Both chambers were controlled with extremely narrow vote margins, inflaming partisan polarization and leading Vice President Kamala Harris to cast an unprecedented 32 tie-breaking votes in the Senate.

Congress’ historic dysfunction reached new lows last year under weak Republican leadership and a recalcitrant ultraconservative faction. Kevin McCarthy (R-CA) became Speaker of the House in January after 16 rounds of voting and a last-minute deal with far-right conservatives, only to be ousted nine months later. Intra-Republican party battles in the House did not stop after McCarthy’s expulsion, paralyzing Congress and rendering the new Speaker Mike Johnson (R-LA) — the most anti-LGBTQ+ Speaker in history — nearly as ineffective.

A legislative stalemate would have been bad enough, yet Republicans in both chambers of Congress chose to weaponize hateful anti-LGBTQ+ and anti-abortion rhetoric to fast-track a number of bills targeting reproductive freedom and hard-won LGBTQ+ civil rights protections. House Republicans introduced more than 55 anti-LGBTQ+ bills, including the misleadingly-titled Protection of Women and Girls in Sports Act (a ban on trans youth in school athletics), the Parents Bill of Rights Act (essentially a forced outing bill), and the Secure the Border Act (even harsher treatment of asylum seekers and a more militarized border). These House-passed bills will not advance under Senate Majority Leader Chuck Schumer (D-NY), but it is disappointing to see more than half of Senate Republicans chose to cosponsor these nakedly anti-equality proposals.

In addition to harmful new legislation, Republicans attached anti-LGBTQ+ riders to all twelve crucial appropriations bills, in effect conditioning the funding of essential government functions on maliciously attacking LGBTQ+ people. These

amendments included stipulations to block federal spending that allows servicemembers and their families to access lifesaving gender-affirming care, and proposals banning drag shows, Pride flags, and books with positive LGBTQ+ themes on military bases, and slashing the annual salaries of the two top transgender Administration officials to $1.

Despite all the darkness, 2023 did have some notable bright spots. The Biden Administration nominated 166 pro-equality judicial candidates to the federal bench, and Senator Laphonza Butler – the first out Black lesbian in the Senate who filled late Senator Dianne Feinstein’s seat in October 2023 – and Senator Alex Padilla were able to guide the confirmations of two out LGBTQ+ judges, Hon. Daniel Calabretta and Hon. Casey Pitts. The Equality California D.C. office continues to actively engage in efforts to identify, recruit, and support highly-qualified pro-equality judicial candidates in California and Nevada with the goal of forming the most diverse federal bench in history.

The Biden Administration launched inter-agency task forces and held stakeholder meetings necessary for informed federal rulemaking. Many of the regulatory efforts focused on LGBTQ+ youth, including affirming placements for LGBTQ+ foster kids, Title IX sex discrimination, ensuring that LGBTQ+ students are protected on the basis of sexual orientation or gender identity, and addressing LGBTQ+ youth homelessness. Other federal rulemaking focused on improving threat-reporting mechanisms for health care providers and medical associations that provide affirming care for LGBTQ+ patients, and ensuring the physical safety of LGBTQ+ community organizations, small businesses, and Pride festivals. Finally, the Biden Administration engaged in work to address the often-overlooked needs of LGBTQ+ people in senior living facilities. New federal rules resulting from the Biden Administration’s efforts last year are expected to be announced in Spring 2024.

Equality California and Silver State Equality remain hopeful that our pro-equality legislative priorities will one day become law and are immensely grateful that every Democrat in both chambers stood alongside the LGBTQ+ community against the wave of dangerous bills and appropriations riders introduced in 2023. Their support, along with the positive judicial nominations and rulemaking steps under the Biden Administration, inspire some hope in this grim moment.

Equality California and Silver State Equality remain committed to using every tool in our power to advance federal policy that protects LGBTQ+ people and our broader community.

Until the work is done,

Tony Hoang, Executive Director, Equality California & Silver State Equality

André Wade, State Director, Silver State Equality

Valerie Ploumpis, National Policy Director, Equality California & Silver State Equality

The 2023 scorecard covers six House floor votes on bills and amendments to federal spending bills – some we supported, others we strongly opposed – as well as co-sponsorship of two other priority bills. The 2023 Senate scorecard includes four scored bills and 13 that were not scored.

Secure the Border Act - OPPOSED

H.R. 2 by Rep. Mario Diaz-Balart [R-FL] and S. 2824 by Sen. Ted Cruz [R-TX]

This anti-immigration bill would reinstate several of former President Trump’s most controversial border policies, including restarting construction of the southern border wall and increasing the number of border agents, dramatically limiting asylum eligibility, and establishing an electronic employment eligibility confirmation system. Passed the House and awaiting action in the Senate.

Parents Bill of Rights – OPPOSED

H.R. 5 by Rep. Julia Letlow [R-LA]

This forced outing bill would require middle schools to obtain parental consent before changing a student’s pronouns or preferred name or allowing a student to change their sex-based accommodations, like locker rooms or bathrooms. It would also require K-12 schools to allow parents to review all instructional, classroom and library materials. Passed the House by a vote of 213-208 and awaiting action in the Senate.

Women’s Health Protection Act – SUPPORTED

H.R. 12 by Rep. Judy Chu [D-CA] and S. 701 by Sen. Tammy Baldwin [D-WI]

WHPA writes the right to abortion into federal law and provides clear guidance to states and courts about the rights of medical providers to deliver abortion services free from medically unnecessary and burdensome restrictions. Awaiting action in the House and Senate.

Equality Act – SUPPORTED

H.R. 145 by Rep. Mark Takano [D-CA] and S. 5 by Sen. Jeff Merkeley [D-OR]

The Equality Act would amend the 1964 Civil Rights Act and other existing federal civil rights laws to explicitly prohibit discrimination in public spaces and services and federally funded programs on the basis of sex, which includes sexual orientation and gender identity. Awaiting action in the House and Senate.

Protection of Women and Girls in Sports Act – OPPOSED H.R. 734 by Rep. Gregory Steube [R-FL] and S. 613 by Sen. Tommy Tuberville [R-AL]

This federal trans and intersex sports bill would effectively ban trans girls and women of all ages from participating on school sports teams and undermine the ability of intersex students to participate in school athletics. Passed the House and waiting action in the Senate.

Appropriations for the National Defense Appropriations Act (NDAA) – OPPOSED H.R. 2670 - Amendment 224 by Rep. Ralph Norman [R-SC]

This amendment would have prohibited the provision of gender transition procedures through the Exceptional Family Member Program, including surgery or medication. Passed the House by a vote of 222-210 but was killed by Senate conferees.

Appropriations for the Departments of Labor, Health and Human Services, Education, and Related Agencies –OPPOSED

H.R. 5894 - Amendment 739

by Rep. Matthew Rosendale [R-MT]

This amendment would have cut funding for Housing Opportunities for Persons with AIDS (HOPWA) by $95 million. Failed by a House vote of 183-251.

Appropriations for the Department of Housing and Urban Development – OPPOSED H.R. 4820 – Amendment 647 by Rep. Ralph Norman [R-SC]

This amendment would have prohibited funding to implement HUD’s Equal Access in Accordance with an Individual’s Gender Identity in Community Planning and Development Programs. Failed by a House vote of 212-217.

“As

extreme MAGA state legislators across the country continue their assault on LGBTQ+ Americans, especially the trans community, the fight against bigotry and discrimination remains urgent as ever,”

Speaker Emerita Nancy Pelosi said.

“The landmark Equality Act – twice passed by the Democratic House – would extend the crucial protections of the Civil Rights Act to all LGBTQ+ Americans, in the workplace and in every place.”

Beyond our scored bills, Equality California and Silver State Equality’s Washington, DC office worked hard to advance a range of important legislative proposals that did not come to the House floor for a vote. A significant percentage of these 15 bills were introduced by Members of the California and Nevada Congressional delegations and are highlighted because they would be profoundly impactful to LGBTQ+ people and other communities to which we belong if they were to become law. We will continue to press for progress on all of these bills.

Commission on Equity and Reconciliation in the Uniformed Services Act

H.R. 5610 by Rep. Mark Takano [D-CA] and S. 2863 by Sen. Richard Blumenthal [D-CT]

This bill would establish a commission to investigate the historic and ongoing impact of military discrimination on LGBTQ servicemembers and veterans. Neither the House nor the Senate voted on this bill.

Safe School Improvement Act

H.R. 6031 by Reps. Linda Sanchez [D-CA] and S. 3105 by Sen. Robert Casey [D-PA]

SSIA would require schools to implement comprehensive anti-bullying and harassment policies that ensure the safety and wellbeing of their students, including youth who are bullied or harassed on the basis of actual or perceived sexual orientation or gender identity. It would also require restorative approaches to school discipline that minimize the removal of students from learning communities. Neither the House nor the Senate voted on this bill.

Therapeutic Fraud and Prevention Act

H.R. 4340 by Rep. Ted Lieu [D-CA] and S. 2176 by Sen. Patty Murray [D-WA]

The bill would prohibit commercial conversion therapy and does not apply to treatment that assists an individual undergoing a gender transition or facilitates identity exploration and development. Neither the House nor the Senate voted on this bill.

PrEP Access and Coverage Act

H.R. 4392 by Rep. Adam Schiff [D-CA] and S. 2188 by Sen. Tina Smith [D-MN]

This bill would require private health insurance plans to cover prescription drugs that prevent HIV, including related screenings, diagnostic procedures, fees, and clinical follow-ups, without cost-sharing for the plan holder. Coverage requirements would also apply to Medicare, Medicaid, and the Children’s Health Insurance Program. Insurers would be prohibited from imposing preauthorization requirements for coverage, and from denying or qualifying coverage or increasing premiums for disability, long-term care, or life insurance policies for people on PrEP. Neither the House nor the Senate voted on this bill.

Equal Access to Abortion Coverage in Health Insurance (EACH) Act

H.R. 561 by Rep. Barbara Lee [D-CA] and S. 1031 by Sen. Tammy Duckworth [D-IL]

The EACH Act would restore abortion coverage to people who receive health care or insurance through the federal government by repealing the Hyde Amendment and prohibit state or local governments from restricting coverage of abortion by private health insurance plans. Neither the House nor the Senate voted on this bill.

My Body, My Data Act

H.R. 3420 by Rep. Sara Jacobs [D-CA] and S. 1656 by Sen. Mazie Hirono [D-HI]

This bill would limit the amount of personal reproductive health data collected by apps and websites that could be used to target or arrest people if abortion is criminalized, including menstruation, ovulation, and pregnancy tracking apps. It would require the Federal Trade Commission to create a new national standard to protect personal reproductive health data. Neither the House nor the Senate voted on this bill.

LGBTQ+ Data Inclusion Act

H.R. 3970 by Rep. Raul Grijalva (D-AZ) and S. 1839 by Sen. Tammy Baldwin (D-WI)

This bill would facilitate the collection of voluntary, self-disclosed demographic data on sexual orientation, gender and variations in sex characteristics (intersex traits) in all federal surveys. Neither the House nor the Senate voted on this bill.

Do No Harm Act

H.R. 2725 by Rep. Bobby Scott [D-VA] and S. 1206 by Sen. Cory Booker [D-NJ]

The Do No Harm Act would clarify that the original intent of the 1993 Religious Freedom Restoration Act (RFRA) protects religious exercise but cannot be used to violate civil rights. Neither the House nor the Senate voted on this bill.

U.S. Citizenship Act

H.R. 3194 by Representative Linda Sánchez [D-CA]

This comprehensive immigration reform bill would provide an earned path to citizenship, address the root causes of migration, and reform the visa system and prohibit discrimination against LGTBQ+ people and families. It would make it easier for graduates of U.S. universities with advanced STEM degrees to stay in the U.S. and improve access to green cards for lowwage workers. Neither the House nor the Senate voted on this bill.

Lifting Immigrant Families Through Benefits Access Restoration Act

H.R. 4170 by Rep. Tony Cardenas [D-CA] and Pramila Jayapal [D-WA] and S. 2038 by Senator Mazie Hirono [D-HI] and Cory Booker [D-NJ]

The LIFT the BAR Act would eliminate the 5-year bar for eligibility to Medicaid, CHIP, and SNAP for lawfully-present noncitizens residing in the U.S. Neither the House nor the Senate voted on this bill.

Equal Access to Justice for Victims of Gun Violence

H.R. 4184 by Rep. Adam Schiff [D-CA] and S. 2048 by Sen. Blumenthal [D-CT]

This bill would repeal the Protection of Lawful Commerce in Arms Act, a law that gives gun industry immunity from their dangerous products and business practices that endanger public safety. Neither the House nor the Senate voted on this bill.

“From book bans to discriminatory attacks by state legislators, LGBTQ+ students are constantly told they are not allowed to be who they are. We must fight for their freedom to exist, to take up space, and to be unapologetically themselves.”

Sen. Laphonza Butler

CA U.S. Senator

Assault Weapons Ban

H.R. 698 by Rep. Lucy McBath [D-GA] and S. 25 by Sen. Dianne Feinstein [D-CA]

This bill would prohibit the sale, manufacture, transfer, importation, or possession of a semiautomatic assault weapon or large capacity ammunition feeding device. Neither the House nor the Senate voted on this bill.

International Human Rights Defense Act

H.R. 1833 by Reps. Robert Garcia [D-CA] and Sara Jacobs [D-CA] and S. 1007 by Sen. Ed Markey [D-MA]

This bill codifies the position of Special Envoy for the Human Rights of LGBTQ+ Persons at the State Department; requires the Department to develop a global strategy to respond to criminalization, discrimination, and violence against LGBTQ+ persons internationally; and codifies reporting on the human rights of LGBTQ+ persons in the State Department Country reports. Neither the House nor the Senate voted on this bill.

Greater Leadership Overseas for the Benefit of Equality [GLOBE] Act

H.R. 4050 by Rep. Dina Titus [D-NV] and S. 1924 by Sen. Ed Markey [D-MA]

The GLOBE Act would protect and promote LGBTQ+ rights around the world by using existing sanctions to punish countries that abuse LGBTQ+ people, ensure U.S. foreign assistance and global health programs include LGBTQ+ people, decriminalize LGBTQ+ status in rule-of-law programs, ensure fair access to asylum/ refugee programs for LGBTQ+ people who face persecution, direct the State Department to issue non-binary (X-markers) on US passports, and clarify that children born abroad via surrogacy or assisted reproductive technology to legally-married US citizen couples are awarded U.S. citizenship. Neither the House nor the Senate voted on this bill.

Global Respect Act

H.R. 4422 by Rep. Sara Jacobs [D-CA] and S. 1960 by Sen. Jeanne Shaheen [D-NH]

The bipartisan GRA would impose visa sanctions on foreign individuals who have committed gross human rights violations against LGBTQ++ people. It also contains data reporting requirements. Neither the House nor the Senate voted on this bill.

Methodology

In the scorecard that follows, the analysis of votes is based on House and Senate floor votes, as well as co-sponsorship of priority legislation that did not receive a vote on the House and/or Senate floors. Co-sponsoring or voting for pro-equality legislation are indicated by “1” while failing to cosponsor or vote for pro-equality legislation are indicated by “0”.

The overall score reflects officials’ votes for, or co-sponsorship of, legislation scored by Equality California and Silver State Equality (highlighted in DARK BLUE) as of December 31, 2023.

Please note:

An “A” indicates an absence due to family/medical leave or travel. Missed votes on scored legislation may be excused if: the legislator was a co-sponsor, or was absent from the floor on official business or due to family/medical leave or travel.

*Senator Butler, who was sworn into office in October 2023, did not have a full staff until early CY2024, when she cosponsored the Equality Act and other priority bills.

Horsford

“Senator Feinstein devoted her life to serving the people of California and our nation, championing LGBTQ+ civil rights, reproductive freedom, gun safety reform and democracy throughout her remarkable career. Senator Feinstein stood with our community back when few others did, fighting for funding and action to combat the AIDS crisis when most elected officials chose to look away. Her work from the San Francisco Board of Supervisors to the United States Senate transformed our state and our nation for the better.”

Tony Hoang Equality California Executive Director