U.S. House Committee Passes Forced Outing Bill
The measure requires elementary and middle schools to inform parents when a student asks to be treated according to their gender identity.
A congressional committee approved a bill forcing teachers and school administrators to “out” transgender or gender-nonconforming students to their parents.
The “PROTECT Kids Act” would demand that schools inform parents of elementary or middle school students prior to changing a student’s gender markers, pronouns, or preferred name on any school forms, or before allowing a student to use facilities or access spaces, including bathrooms and locker rooms, that don’t align with their assigned sex at birth.
The U.S. House Committee on Education and the Workforce approved the bill by a vote of 22-12 on September 11.
U.S. Rep. Tim Walberg (R-Mich.) is the bill’s sponsor. He has been a vocal proponent of an anti-LGBTQ law in Uganda that enhances penalties for engaging in same-sex activities.
Walberg, who traveled to Uganda for the country’s National Prayer Breakfast as part of his duties as co-chair of the U.S. National Prayer Breakfast, praised the law and told Ugandan lawmakers to stand by it, even in the face of potential international sanctions.
An identical bill has been introduced in the U.S. Senate by Sen. Tim Scott (R-S.C.), who not only has amassed an anti-transgender voting record in Congress but attacked President Joe Biden for recognizing the Trans Day of Visibility.
Under the House version of bill, which trumpets itself as a measure to safeguard “parental rights,” schools that fail to “out” suspected transgender, gender-nonconforming, or questioning students to their parents risk having all federal funding pulled.
The measure references recent stories about schools creating “gender support plans” for transgender students, including reports that administrators at Montgomery County Public Schools in Maryland had instructed teachers on creating such support plans without first seeking parental approval.
Three parents sued the school system, seeking to upend the policy, but the case was thrown out on lack of standing, because none of the children of those parents identified as transgender or met the criteria for a gender support plan. That dismissal was upheld by the 4th U.S. Circuit Court of Appeals, with the U.S. Supreme Court declining to hear the case — thereby leaving the policy in place.
Walberg’s bill also references a similar controversy over “gender support plans” being created in an Iowa school district. Although the policy was eventually reversed, Linn-Mar Community Schools eventually had to pay $20,000 to settle a lawsuit brought by a conservative activist group.
Another controversy mentioned in the bill’s preamble is one in Fairfax County, Virginia, where teachers were required to complete a training program stating that parental permission is not required for students who ask to be addressed by different names or pronouns. The school district is currently enmeshed in an ongoing lawsuit challenging its pro-transgender restroom and pronoun policies.
U.S. Rep. Mark Pocan (D-Wis.), chair of the Congressional Equality Caucus, condemned the bill, attacking Republicans for failing to pass gun reform measures but prioritizing anti-LGBTQ legislation.
“Just a week after a deadly school shooting, Republicans on the Education and the Workforce Committee decided that, instead of working to protect kids, their time would be best spent attacking the ones they don’t like — trans kids. It’s outrageous,” Pocan said in a statement.
“While many young trans people have loving and accepting families, some do not,” he added. “By forcing teachers and administrators who want to take certain steps to affirm trans students to out those students instead, MAGA Republicans are endangering the safety and wellbeing of students whose families may not accept them, all to score some cheap political points.”
The bill is likely to pass the House, as a similar bill, the “Parents Bill of Rights Act” was approved on a largely party-line vote last year, with only five Republicans voting against it.
However, given the contentiousness of the issue, and the fact that it is an election year, it would not be surprising to see House Republicans try to use this to corner vulnerable Democrats on an issue where not only is public sentiment is much more skewed against transgender acceptance, but that threatens to split the party from the types of voters — primarily suburban moms — whose votes Democrats will need to succeed in November’s elections.
Because the U.S. Senate is controlled by Democrats, it is unlikely either Walberg or Scott’s bills will receive a hearing.
And even if the bill were to pass, President Joe Biden would likely veto it.
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