Saturday, February 28, 2026

Federal bill equates trans identity with sexually explicit material

One of the core tenets that I embrace as a librarian serving young people is that readers need stories about people who are both like and who are unlike them. A diverse library collection should ideally encompass many facets: including race, sex, gender identity, differing abilities, who a person is attracted to, and more.

Children’s books promote “social norms, values, and expectations.” That’s from Aronson, Callahan, and O’Brien, writing in 2018, in Sociological Forum. And when people from within marginalized communities are portrayed as characters in literature, this can contribute to their developing a more positive self-esteem and can help to reinforce that they belong in society (again from Aronson, Callahan, and O’Brien).

I want to talk about troubling legislation at the federal level, which could directly impact school libraries’ ability to stock books featuring characters who are transgender. H.R. 7661, introduced in late February by U.S. Rep. Mary E. Miller, would prohibit the use of money from the Elementary and Secondary Education Act of 1965 to “provide or promote literature or other materials to children under the age of 18 that includes sexually oriented material” (Miller, et al, 2026, page 1). The bill imposes a definition of “sexually oriented material” to include any material that “involves gender dysphoria or transgenderism” (Miller, et al, 2026, pg. 4).

This bill is deeply concerning, especially the way that it overtly sexualizes transgender identities.

But sexual orientation and gender identity are two very different concepts.

The Human Rights Campaign defines sexual orientation as “An inherent or immutable enduring emotional, romantic or sexual attraction to other people.” The HRC emphasizes that a person’s sexual orientation is independent of their gender identity, which is your “innermost concept of self as male, female, a blend of both or neither.”

Gender identity is how a person perceives and what they call themself, and the external appearance of a person’s gender identity is their “gender expression.”

Gender expression is usually expressed through a person’s behavior, their clothing, body characteristics or voice. In the words of the HRC, a person’s gender expression “may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.”

Again, gender identity and gender expression are very different things than sexual orientation or sexually-explicit conduct.

So to have this bill directly equating transgender identity with sexual explicitness: It just sends one more disturbing, cruel, and hateful message to and about transgender young people: that there is something inherently shameful about you, and you don’t belong among the decent people of society.

The restrictions in H.R. 7661 appear to be tied to a specific funding source: which is money from the Elementary and Secondary Education Act of 1965. But I’m concerned that if this bill successfully makes it into law, it could pave the way for restricting all books centering transgender characters, regardless of the funding stream.

In the words of Sam Helmick, our current president of the American Library Association: “H.R. 7661 isn’t fundamentally about protecting kids. It’s about giving politicians broad authority to restrict whose stories are allowed on our shelves.”

Helmick adds that H.R. 7661 “should concern anyone who believes in the freedom to read and the right of families to make decisions for themselves.”

Echoing Helmick, I want to plead with elected officials at the federal level:

Reject this latest hateful attempt to stigmatize queer people in society. Stop creating convenient targets, or “enemies,” to persecute and shun and instead help build a positive society that welcomes people with compassion.

References:
American Library Association. (2026, Feb. 26). ALA denounces federal book banning bill. https://www.ala.org/news/2026/02/ala-denounces-HR-7661

Aronson, K.M.; Callahan, B.D.; & O’Brien, A.S. (2018). Messages matter: Investigating the thematic content of picture books portraying underrepresented racial and cultural groups. Sociological Forum, 33(1), pp. 165-185.

Human Rights Campaign. (n.d.) Sexual orientation and gender identity definitions. https://www.hrc.org/resources/sexual-orientation-and-gender-identity-terminology-and-definitions

Miller, M.E. et. al. (2026). To amend the Elementary and Secondary Education Act of 1965 to prohibit the use of funds provided under such Act to develop, implement, facilitate, host, or promote any program or activity for, or to provide or promote literature or other materials to, children under the age of 18 that includes sexually oriented material, and for other purposes, H.R. 7661. 119th Cong. https://www.congress.gov/119/bills/hr7661/BILLS-119hr7661ih.pdf

The bill’s authors:
U.S. Rep. Mary E. Miller (Illinois: 15th Congressional District)
U.S. Rep Troy Downing (Montana: 2nd Congressional District)
U.S. Rep. Randy Fine (Florida: 6th Congressional District)
U.S. Rep. Greg Steube (Florida: 17th Congressional District
U.S. Paul Gosar (Arizona: 9th Congressional District)
U.S. Rep. Andy Ogles (Tennessee: 5th Congressional District)
U.S. Rep. Harriet Hageman (Wyoming: At-large Congressional District)
U.S. Rep. Marlin A. Stutzman (Indiana:3rd Congressional District)
U.S. Rep. Barry Moore (Indiana: 1st Congressional District)
U.S. Rep. Sheri Biggs (South Carolina: 3rd Congressional District)
U.S. Rep. Julia Letlow (Louisiana: 5th Congressional District)
U.S. Rep. Claudia Tenney (New York: 24th Congressional District)
U.S. Rep. Chip Roy (Texas: 21st Congressional District)
U.S. Rep. Warren Davidson (Ohio: 8th Congressional District)
U.S. Rep. Randy Weber (Texas: 14th Congressional District)
U.S. Rep. John Rose (Tennessee: 6th Congressional District)
U.S. Rep. Burgess Owens (Utah: 4th Congressional District)
U.S. Rep. Keith Self (Texas: 3rd Congressional District)

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