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Federal bill to force schools to out trans kids passes key committee vote

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A House committee just passed a bill that would forcibly out trans students. It was introduced by Rep. Tim Walberg (R-MI), who previously advocated for Uganda’s gay death law, the Anti-Homosexuality Act.

The bill, H.R. 736, also known as the “PROTECT Kids Act,” would require elementary and middle schools to forcibly out trans kids to their parents if they ask to go by new pronouns or a new name or use the facilities associated with their gender. If schools failed to comply, they would risk losing all federal funding.

“As a condition of receiving Federal funds, any elementary school… or school that consists of only middle grades… that receives Federal funds shall be required to obtain parental consent before— (1) changing a minor child’s gender markers, pronouns, or preferred name on any school form; or (2) allowing a child to change the child’s sex-based accommodations, including locker rooms or bathrooms.”

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The bill was introduced in February of last year and was referred to the Committee on Education and the Workforce. It was voted out of committee on a 22 to 12 vote this week and will now be going to the House floor for a possible vote.

H.R. 736 was introduced by Walberg in the House and Sen. Tim Scott (R-SC) in the Senate. Walberg has previously traveled to Uganda to advocate for their Anti-Homosexuality Act, which, among other provisions, requires the death penalty for LGBTQ+ individuals in some cases. He said, “Whose side do we want to be on? God’s side. Not the World Bank, not the United States of America necessarily, not the UN. God’s side.”

Scott is a failed Republican presidential candidate who has called California’s A.B. 957 “evil.” This bill requires gender identity to be considered in custody battles within the state. He also joined a moral panic from earlier this year by attacking President Joe Biden for recognizing that the Trans Day of Visibility, which happened to fall on the same day as Easter.

In regards to H.R. 736, Walberg said in a statement, “Schools should not be withholding information about students from parents. Parents need to have a seat at the table for every discussion related to their children and we need to demand full transparency. This bill would safeguard parental rights by requiring parental consent and will help mitigate under-the-radar activism in our schools. I look forward to continuing to work with Senator Scott, as we work to defend the rights of parents by enshrining this legislation into law.” 

Rep. Mark Pocan (D-WI), chair of the Congressional Equality Caucus, condemned the bill in a statement. “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. While many young trans people have loving and accepting families, some do not. 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, if it passes the Republican House, will face an uphill battle in the Democratic Senate, and President Joe Biden is unlikely to sign it, considering it contradicts guidance issued by his administration.

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