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Kamala Harris emerges as LGBT favorite for 2020 — there’s just one thing

Kamala Harris’ record contains one item that may surprise many of her LGBT supporters

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U.S. Sen. Kamala Harris (D-Calif.) sought to block gender reassignment surgery for trans inmates on behalf of California. (Washington Blade file photo by Michael Key)

Sen. Kamala Harris (D-Calif.) was likely chosen as a featured speaker at Saturday’s Human Rights Campaign National Dinner because she’s quickly becoming a favorite in the LGBT community among potential 2020 Democratic presidential contenders.

To recognize her popularity among LGBT people, just find the animated picture of Harris making the rounds on Facebook at the Senate dais brushing her hair back, clasping her hands and blinking her eyes wearily as she’s cut off during a Senate Intelligence Committee hearing. Also check out the widely shared video of her exchange with U.S. Attorney General Jeff Sessions about his Russian connections, which left the Trump official muttering he felt “nervous” under questioning from the U.S. Senate’s only black female senator.

But a look at her LGBT record reveals one wrinkle on transgender rights that may surprise her followers and that has disappointed some trans people.

To be sure, Harris has a staunchly pro-LGBT record. As California attorney general, she declined to defend California’s ban on same-sex marriage Proposition 8 in court. When the U.S. Supreme Court restored marriage equality to California, she officiated at the wedding of Kris Perry and Sandy Stier, the first same-sex wedding after the ruling, and instructed clerks to marry same-sex couples seeking a license with “no exceptions.”

Also as attorney general, Harris in 2015 refused to certify a “Kill the Gays” ballot initiative proposed in California that would have (unconstitutionally) instituted the death penalty for homosexual acts. Despite a legal challenge, a federal judge agreed to relieve her of duty to prepare a title and summary for the measure before it advanced to the signature-gathering stage.

Harris also co-sponsored a bill in the California Legislature with former Assembly member Susan Bonilla to eliminate the “gay panic” defense in cases of murder or violent crime against LGBT people. Gov. Jerry Brown signed the legislation in 2014, making California, along with Illinois, one of two states in the country to ban the plea.

Upon beginning her term as a U.S. senator this year, Harris continued to advocate for LGBT rights. A co-sponsor of the Equality Act, Harris also demanded answers from the Trump administration on the decision to omit questions in the U.S. Census allowing responders to identify their sexual orientation or gender identity. The Trump administration never provided a direct response.

Harris has signed friend-of-the-court briefs arguing transgender people should be allowed to use the public restroom consistent with their gender identity. As California attorney general, she filed briefs in favor of Obama administration guidance supporting transgender students and against North Carolina’s notoriously anti-LGBT House Bill 2. As a U.S. senator, she signed a brief before the U.S. Supreme Court in favor of transgender student Gavin Grimm’s case.

Rick Zbur, executive director of Equality California, said Harris’ record on LGBT rights in her capacities as attorney general and a U.S. senator are nothing short of “impeccable.”

“We’ve known her since she was the DA in San Francisco, and then of course, when she as attorney general was more engaged than any attorney general has been with us in the LGBTQ community,” Zbur said. “[She] really engaged with us and has a really strong commitment and understanding of our issues.”

On transgender issues in particular, Zbur noted Harris as attorney general appointed last year a transgender woman of color, Mariana Marroquin, to the California Racial & Identity Profiling Advisory Board.

Harris will likely tout her record on LGBT rights during her remarks at the 21st annual Human Rights Campaign National Dinner.

But one part of her record she might avoid is her role as California attorney general in 2015 in arguing on behalf of the state to withhold gender reassignment surgery from two transgender inmates who were prescribed the procedure while serving out their sentences. Advocates have made the case that transgender inmates are entitled to receive the taxpayer-funded procedure because denying them medical treatment amounts to cruel and unusual punishment — a clear violation of the Eighth Amendment of the U.S. Constitution.

One case involved Shiloh Quine, who’s serving a term of life for first-degree murder, kidnapping and robbery. The other case involved Michelle-Lael Norsworthy, who was serving time in prison in Mule Creek State Prison in Ione, Calif., for second-degree murder. Both were prescribed gender reassignment surgery, but the California Department of Corrections & Rehabilitation refused to provide the procedure.

The process of the Norsworthy case was quite public as it proceeded through litigation. Although U.S. District Judge Jon Tigar ordered California to grant Norsworthy gender reassignment surgery, Harris in her capacity as attorney general appealed the decision to the U.S. Ninth Circuit Court of Appeals and fought to reverse the decision.

One 29-page brief in the case, signed by Harris, urges a stay on the court order for Norsworthy because the hormone treatment the inmate receives is sufficient — at least for the time being.

“The core of Ms. Norsworthy’s complaint is that Defendants have not provided the particular treatment she wants sex-reassignment surgery and unspecified ‘additional treatment,'” Harris writes. “But the Constitution ‘does not guarantee to a prisoner the treatment of his choice.’ The Eighth Amendment requires that an inmate be afforded ‘reasonable measures to meet a substantial risk of serious harm to her,’ not that she be given the specific care she demands. The ‘essential test is one of medical necessity and not one simply of desirability.'”

Ultimately, both the Norsworthy and Quine cases resulted in settlements. Norsworthy reached an agreement with the state in which she obtained parole. As a result, she was able to obtain surgery through Medi-Cal, a state health care system in California. In the Quine case, the state agreed to grant her gender reassignment surgery as well as clothing and items consistent with her gender identity. The California Department of Corrections & Rehabilitation also agreed to review and revise its policies writ large for transgender inmates and medical treatment, including gender reassignment surgery.

But Harris’ actions in the Norsworthy case have inspired consternation in the transgender community and on Twitter, including from Chelsea Manning, who fought to receive gender reassignment surgery though litigation during her time in prison after the Army initially denied it to her. (A Washington Blade article on Harris’ brief against the court order is among the paper’s top 10 trafficked stories this year — the only story not from 2017 to hold that distinction.)

Zbur said criticism of Harris’ role in the litigation, however, is “really misplaced” because as attorney general she was compelled to represent the position of her client, which in this case was the California Department of Corrections & Rehabilitation.

“As a lawyer for the government, she was constrained in what she could publicly say and do and her client was making decisions, but with us she really working hard to understand the issue, providing information, and I think she was a big part of the resolution, which resulted in the really significant policy changes that were implemented by the Department of Corrections when she was attorney general,” Zbur said.

But the argument Harris was compelled to fight the court order granting gender reassignment surgery to an inmate because that was her responsibility as attorney general raises the question on how she got out of similar duties in an effort to uphold LGBT rights. If Harris could get out of defending Proposition 8 or certifying the “Kill the Gays” initiative, why couldn’t she also opt out of litigation seeking to bar transition-related care to a transgender inmate?

Zbur said the difference between the transgender inmate litigation and the other two situations was that in the former, Harris had a specific client, namely, the California Department of Corrections & Rehabilitation.

“When you have a client, you basically have ethical duties to represent the client’s interest,” Zbur said. “You take direction from the client. And so, she did really have constraints in terms of what she could do, but I think the bottom line is that during that period of time, she was working hand-in-hand with us on a process that resulted in changing the policies at the Department of Corrections, and that’s a really significant thing.”

At the time Harris engaged in the litigation in 2015, Jon Davidson, legal director for Lambda Legal, said the attorney general’s actions were her own choice.

“Even where the decision is made to defend an unconstitutional practice, there’s nothing that dictates the tactics of that defense, particularly once a court has found there are likely ongoing constitutional violations,” Davidson said. “The choice to appeal a preliminary court order and to seek to delay its implementation is just that — a choice. It’s also a very unfortunate one, given that what is at stake here is potentially life-saving treatment that is widely recognized as medically necessary for some people suffering from gender dysphoria.”

It seems the cases weren’t on Harris’ radar, even though her name is on each of the legal briefs, until much later in the process of litigation.

Nathan Barankin, who’s chief of staff for Harris and served as her deputy attorney general, said around 1,100 attorneys are working on cases like these and Harris wasn’t personally aware or involved in the litigation until a later time.

“She did learn about our office’s involvement in this case by reading about it in the newspaper,” Barankin said. “Her reaction to the way the case was being litigated was to work very closely with all of the parties involved to reach what we consider a successful conclusion, which was a permanent change in state prison policy on the treatment of transgender inmates.”

Two years later after the settlements were reached, Lambda Legal struck a different tone on Harris’ handling of the lawsuit.

Peter Renn, a senior attorney in the Western Regional Office of Lambda Legal who works on transgender cases, said the situation changed in the lawsuits as Harris became more involved in the litigation.

“The California AG’s office shifted its handling of these cases significantly after now-Sen. Harris took over,” Renn said. “Initially there was language in briefing for the state that glaringly misunderstood the medical necessity of transition-related medical care and was patently offensive. But then, there was a dramatic change, which seems to have gone along with important policy shifts.”

Supporters of Harris point to the settlements that were reached in the cases as evidence that her role was productive for transgender rights. After all, those agreements created precedent in the state and new policy ensuring transgender people in California prisons can receive gender reassignment surgery.

But not everyone agrees with that assessment.

Amanda Goad, a California attorney who works on transgender issues and identifies as queer, said in a personal capacity calling the settlements in the Quine case an LGBT rights achievement for Harris “does not make sense.”

“Her client CDCR could have updated its policies and made gender-confirming surgery available to incarcerated folks long before it did so under the pressure of a trial court loss in the Quine case,” Goad said. “Harris has done other things that do seem to me to belong under the banner of LGBTQ champion. … Settling a lawsuit that the state was losing — and never should have defended in the first place — just doesn’t fit the bill.”

In her capacity as staff attorney for the American Civil Liberties Union of Southern California, Goad said the policy changes the California Department of Corrections & Rehabilitation promised aren’t being implemented.

“Recent data shows that of the many prisoners who have applied to undergo gender-confirming surgery under the new policy, zero trans women beyond Shiloh Quine herself have actually undergone surgery. (Two men have undergone top surgery.),” Goad said. “Dozens have been denied, and I get letters every week from women extremely upset about their inability to access surgical care.”

Goad also complained about the state continuing to fight transgender prisoners’ access to clothing consistent with their gender identity as well as harassment, sexual assaults and violence endured by transgender women in prison.

That mistreatment, Goad said, is something Harris could address through encouraging enforcement of the Prison Rape Elimination Act and other actions.

“She has a great platform from which to speak out about the broader issues of violence, discrimination, and harassment endured by transgender women of color both inside and outside prison and propose constructive approaches for addressing those problems and their structural causes,” Goad said.

Major transgender rights advocates said the inclusion in Harris’ LGBT record of seeking to deny gender reassignment surgery to transgender inmates was unfortunate — but also urged LGBT people to look at the bigger picture.

Jillian Weiss, executive director of the Transgender Legal Defense & Education Fund, said Harris’ defense of the state in the litigation contrasts with her otherwise pro-LGBT record.

“Sen. Harris has a positive record as a champion of gay and lesbian rights, and that is commendable,” Weiss said. “It is unfortunate that her record also includes having argued that gender confirmation surgery was not a medical necessity for a transgender woman despite a psychological assessment to the contrary. While some public sentiment leans against providing necessary medical services for transgender people who are incarcerated, our Constitution recognizes that denying such vital health care is cruel and unusual punishment. It is our hope that Sen. Harris will learn more about transgender medicine and its importance to trans people.”

(Harris isn’t the only potential 2020 Democratic presidential candidate with an unfriendly record on gender reassignment surgery for transgender inmates. In a 2012 radio interview, then-U.S. Senate candidate Elizabeth Warren said when asked about granting the procedure to an inmate in Massachusetts, “I have to say, I don’t think it’s a good use of taxpayer dollars.” Warren has never corrected that position even as litigation seeking the procedure for the inmate, Michelle Kosilek, proceeded through the courts. Ultimately, the First Circuit ruled against Kosilek, setting binding precedent in that jurisdiction.)

Mara Keisling, executive director of the National Center for Transgender Equality, took an even more lenient approach to Harris’ action on the lawsuit and said her organization would work with her on issues of transition-related care for transgender prisoners.

“Sen. Harris has long been a friend of LGBT people and our causes,” Keisling said. “Notwithstanding her one-time defense of an indefensible and unconstitutional state prison position on trans healthcare, she is now a senator and is very likely to continue being a vote and voice for trans people in the U.S. Senate. She has shown this recently in support of Gavin Grimm and trans service members. I am certain when I first meet her, we will discuss her position in the prison case, and she will continue to grow and continue to support us better and better.”

 

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Politics

Honoring Stonewall: A conversation with Senator Toni Atkins on the past, present, and future of Pride

As we commemorate the 50th anniversary of the Stonewall Uprising, the Stonewall Democratic Club honors leaders like Senator Toni Atkins, whose lifelong commitment to equality and public service reflects the enduring legacy and ongoing promise of Stonewall

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Toni Atkins

As we rapidly approach the 50th anniversary of the Stonewall Uprising – an inarguably paramount moment that fueled a national movement for LGBTQ civil rights – the Stonewall Democratic Club continues to carry into the future the spirit of that rebellion through advocacy and political action. This milestone also provides our community with an opportunity to reflect on the leaders who have carried that spirit forward, including Senator Toni Atkins, whose decades of public service have been shaped by a resounding commitment to equality and representation of marginalized communities. Her journey, from growing up in rural poverty to becoming one of California’s most impactful legislative leaders, embodies the progress made since Stonewall and the work that still lies ahead for us.

As our community and our country approach the 50th anniversary of the Stonewall Uprising, how does that milestone resonate with you personally, politically, or otherwise?

Personally, I came out at age 17 in a very conservative rural community. I didn’t see other people like me, and I didn’t believe society was built for someone like me. So I am simply grateful to have been part of our movement for civil rights for my LGBTQ+ community. Politically, we have made tremendous gains, and we now face a very intentional and serious backlash. Our work and political engagement are more important than ever.

In your opinion, what do you believe was the most significant achievement that came from Stonewall? What unfinished business do we still have to work on?

The most significant achievement was visibility – seeing our collective strength for the first time.

Today, we must fight to regain the ability to serve openly in the military, protect marriage equality, and hold our hard-won ground. We must continue educating allies and families about the lives and experiences of nonbinary and transgender community members. In many ways, we are refighting some of the same battles.

We also have to work in partnership with other marginalized communities on issues beyond civil rights – income inequality, access to healthcare (including gender-affirming care), educational opportunities, and affordability. The struggle for justice is interconnected.

How do you view the connection between the activism of that time in our country and the modern policy work of the California Legislature?

Activism and organizing were essential then, and they remain essential today. We still have to strategize, organize, and take action. That hasn’t changed.

You have had a long and devoted career in public service in California. What first inspired you to get into politics? How have your own experiences as a queer woman shaped your journey along the way?

Our stories – every one of them – matter. My history has shaped every policy issue I’ve worked on. I grew up in a working-poor family. My parents, three siblings, and I lived in a four-room house with no indoor plumbing. We carried water from a nearby spring to drink, cook with, and bathe. We lacked consistent healthcare. My father was a lead miner; my mother worked as a seamstress in a factory.

Coming out as a lesbian at a young age was another defining part of my story. All of this influenced my work on housing, healthcare, LGBTQ rights, the environment, and labor protections. I saw firsthand how the mines destroyed the environment, how little safety, benefits, or protections my father had, and how families like mine struggled. Much of my political work has been about empowerment – for myself, my family, and others facing similar obstacles.

I entered politics by helping my mentor, Christine Kehoe, get elected to the San Diego City Council in 1993 – the first openly LGBTQ candidate elected to that body. Working with her at City Hall showed me the difference we could make when we had a seat at the table. That was my motivation – not only for the LGBTQ community but for all marginalized communities, working families, and women. I am forever grateful to Chris for giving me a chance to serve.

What moments in your legislative or leadership roles shine brightest in your mind as being most impactful to you?

So many- the Gender Recognition Act, Proposition 1, which I authored to enshrine abortion and contraception into the California Constitution, and Proposition 3, which did the same for marriage equality. The Earned Income Tax Credit (EITC) for working individuals and families. Creating a permanent source of funds for affordable housing. The California Dream For All downpayment assistance loan for people to buy their first home. Support for funding Prep and for community clinics and Planned Parenthood.  Increased funding for childcare for working families and increased paid family leave!  So many issues and so much good can be done through public policy and budget actions. That is the importance of the political work of the LGBTQ community and our allies!

As the former Speaker and as President ProTem – I have had the ability not just to sit at that table but to actually set the agenda. I’m grateful and honored for the opportunity.  

Over the years you have spent in politics, how has your sense of “why I do this work” evolved, particularly in relation to our queer community and broader social justice aims?

I have seen how strategy, organizing, fundraising, and activism empower us to influence policy and budget decisions rooted in shared values. Relationships also matter – the ones we build, the conversations we have, and the listening we do. Those connections make us better and more effective.

Decades ago, we relied heavily on allies because we didn’t have seats at the table ourselves. We must never forget that. There is no shortcut for the crucial, ongoing conversations needed to continue advancing equality.

How would you describe the state of queer rights and representation in California today?

California’s values – in the public and in the Legislature – largely reflect strong support for our community. Still, especially regarding trans rights, we must keep engaging allies and others about who we are as nonbinary and transgender individuals. That is the next frontier of our civil-rights journey.

And our LGBTQ Caucus has never been larger or more effective. Many members, as I once was, are now in positions of real power and influence, moving forward policies that support our community.

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Federal Government

Federal government reopens

Shutdown lasted 43 days.

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(Washington Blade photo by Michael Key)

President Donald Trump on Wednesday signed a bill that reopens the federal government.

Six Democrats — U.S. Reps. Jared Golden (D-Maine), Marie Gluesenkamp Perez (D-Wash.), Adam Gray (D-Calif.), Don Davis (D-N.C.), Henry Cuellar (D-Texas), and Tom Suozzi (D-N.Y.) — voted for the funding bill that passed in the U.S. House of Representatives. Two Republicans — Thomas Massie (R-Ky.) and Greg Steube (R-Fla.) — opposed it.

The 43-day shutdown is over after eight Democratic senators gave in to Republicans’ push to roll back parts of the Affordable Care Act. According to CNBC, the average ACA recipient could see premiums more than double in 2026, and about one in 10 enrollees could lose a premium tax credit altogether.

These eight senators — U.S. Sens. Catherine Cortez Masto (D-Nev.), Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Maggie Hassan (D-N.H.), Tim Kaine (D-Va.), Angus King (I-Maine), Jacky Rosen (D-Nev.), and Jeanne Shaheen (D-N.H.) — sided with Republicans to pass legislation reopening the government for a set number of days. They emphasized that their primary goal was to reopen the government, with discussions about ACA tax credits to continue afterward.

None of the senators who supported the deal are up for reelection.

King said on Sunday night that the Senate deal represents “a victory” because it gives Democrats “an opportunity” to extend ACA tax credits, now that Senate Republican leaders have agreed to hold a vote on the issue in December. (The House has not made any similar commitment.)

The government’s reopening also brought a win for Democrats’ other priorities: Arizona Congresswoman Adelita Grijalva was sworn in after a record-breaking delay in swearing in, eventually becoming the 218th signer of a discharge petition to release the Epstein files.

This story is being updated as more information becomes available.

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Politics

Former VP Dick Cheney dies at 84

Supported marriage equality before it was legalized

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Dick Cheney died at age 84. (Public domain photo)

Former Vice President Dick Cheney died of complications from pneumonia and cardio and vascular disease, according to a family statement released Tuesday morning. He was 84. 

Cheney served as vice president under President George W. Bush for eight years and previously as defense secretary under President George H.W. Bush. He also served as a House member from Wyoming and as White House chief of staff for President Gerald Ford. 

“Dick Cheney was a great and good man who taught his children and grandchildren to love our country, and to live lives of courage, honor, love, kindness, and fly fishing,” his family said in a statement. “We are grateful beyond measure for all Dick Cheney did for our country. And we are blessed beyond measure to have loved and been loved by this noble giant of a man.”

Cheney had a complicated history on LGBTQ+ issues; he and wife Lynne had two daughters, Liz Cheney and Mary Cheney, who’s a lesbian. Mary Cheney was criticized by LGBTQ+ advocates for not joining the fight against President George W. Bush’s push for a constitutional amendment banning gay marriage. She later resumed support for LGBTQ+ issues in 2009, including same-sex marriage, after her father left office in 2009. She married her partner since 1992, Heather Poe, in 2012.

In 2010, after leaving office, Cheney predicted “Don’t Ask, Don’t Tell” would “be changed” and expressed support for reconsideration of the law banning open military service.

In 2013, the Cheney family’s disagreements over marriage equality spilled into the public eye after Liz Cheney announced her opposition to same-sex couples legally marrying. Mary Cheney took to Facebook to rebuke her sister: “Liz – this isn’t just an issue on which we disagree – you’re just wrong – and on the wrong side of history.” Dick and Lynne Cheney were supporters of marriage equality by 2013. Liz Cheney eventually came around years later.

Cheney, a neo-con, was often criticized for his handling of the Iraq war. He was considered one of the most powerful and domineering vice presidents of the modern era. He disappeared from public life for years but re-emerged to help Liz Cheney in her House re-election bid after she clashed with President Trump. Dick Cheney assailed Trump in a campaign video and later Liz announced that her father would vote for Kamala Harris in the 2024 presidential election.

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State Department

State Department’s 2024 human rights report could jeopardize LGBTQ+ asylum cases

‘Targeted and malicious act’ will ‘directly endanger lives’

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COBINA Posada del Migrante is a migrant shelter in Mexicali, Mexico, that Centro Comunitario de Bienestar (COBINA) operates. Advocacy groups say the State Department's 2024 human rights report that "erases" LGBTQ+ people will jeopardize the cases of those who have asked for asylum in the U.S. (Washington Blade photo by Michael K. Lavers)

Advocacy groups say the State Department’s 2024 human rights report that “erased” LGBTQ+ people will jeopardize the cases of those who are seeking asylum in the U.S.

Immigration Equality notes the report “serve as key evidence for asylum seekers, attorneys, judges, and advocates who rely on them to assess human rights conditions and protection claims worldwide.”

The 2024 report the State Department released on Aug. 12 did not include LGBTQ+-specific references. Immigration Equality Director of Law and Policy Bridget Crawford in a statement said country-specific reports within the larger report “should be accurate, fact-based, and reflect the lived reality of LGBTQ people — not ignore and actively hide it.”

“When adjudicators see less information in these reports than in prior years, they may wrongly assume conditions have improved,” said Crawford. “In truth, the absence of reporting is a purely political move, not based in fact or reality.”

Organization for Refuge, Asylum and Migration Executive Director Steve Roth in a statement condemned the Trump-Vance administration’s “deliberate erasure of LGBTIQ communities from the 2024 human rights report — an unprecedented move that violates international standards.”

“This is a targeted and malicious act that will directly endanger lives,” he said.

Roth, like Immigration Equality, noted courts “around the world rely on these reports to evaluate asylum claims.”

“Stripping out documentation of LGBTIQ persecution removes a vital tool in assessing claims for protection, jeopardizing the ability of LGBTIQ asylum seekers to access safety,” said Roth.

Congress requires the State Department to release a human rights report each year.

The State Department usually releases them in the spring, as opposed to August. Then-State Department spokesperson Tammy Bruce, who president Donald Trump has nominated to become deputy representative at the U.N., during her last press briefing on Aug. 12 defended the delay and the report itself.

“We weren’t going to release something compiled and written by the previous administration,” said Bruce. “It needed to change based on the point of view and the vision of the Trump administration, and so those changes were made.”

Asylum courts ‘will have less credible data to rely on’

Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ+ and intersex rights under the Biden-Harris administration, co-founded the Alliance for Diplomacy and Justice with several other former State Department officials. 

The Alliance for Diplomacy and Justice in response to the report said the U.S. has “betrayed the trust of human rights defenders who risked their safety to share the truth” and added “some (of them) are now less safe.”

“Asylum courts in the U.S. and globally will have less credible data to rely on,” said the group.

Human Rights Watch echoed the Alliance for Diplomacy and Justice.

“The human rights report has been used in U.S. asylum court cases to show that an asylum seeker could not be returned to a country where similarly situated people were being persecuted,” said Human Rights Watch in response to the 2024 report. “That essential resource for keeping people safe is not only no longer reliable or helpful, but in some cases could put people at risk by denying abuses in places where the United States or other countries intend to deport asylum seekers and immigrants.”

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State Department

LGBTQ people ‘erased’ from State Department’s 2024 human rights report

Document released Tuesday after months of delay

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(Washington Blade photo by Michael Key)

Advocacy groups on Tuesday sharply criticized the removal LGBTQ-specific references from the State Department’s 2024 human rights report.

The report, which the State Department released on Tuesday, does not reference Uganda’s Anti-Homosexuality Law and the impact it has had on the country’s LGBTQ community since President Yoweri Museveni signed it in 2023. The report, however, does note Ugandan government officials “reportedly committed acts of sexual violence.”

“NGOs reported police medical staff subjected at least 15 persons to forced anal examinations following their arrests,” it reads. “Opposition protesters stated security forces used or threatened to use forced anal examinations during interrogations.”

Uganda is among the dozens of countries in which consensual same-sex sexual relations remain criminalized. Authorities in the African country often use so-called anal tests to determine whether someone has engaged in homosexuality.

The report does not mention that Brazil has the highest number of reported murders of transgender people in the world. It does, however, note the President Luiz Inácio Lula da Silva in 2024 “undermined democratic debate by restricting access to online content deemed to ‘undermine democracy,’ disproportionately suppressing the speech of supporters of former President Jair Bolsonaro as well as journalists and elected politicians, often in secret proceedings that lacked due process guarantees.”

The report says there “were no credible reports of significant human rights abuses” in Hungary in 2024, even though Prime Minister Viktor Orbán’s government continued its anti-LGBTQ rights crackdown. The report does note Russian authorities last year “invoked a law prohibiting the distribution of ‘propaganda on nontraditional sexual relations’ to children.”

The State Department’s 2023 human rights report specifically notes a Russian law “prohibited gender transition procedures and gender-affirming care … and authorities used laws prohibiting the promotion of ‘non-traditional sexual relations’ to justify the arbitrary arrest of LGBTQI+ persons.” The 2023 report also cites reports that “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya” and “government agents attacked, harassed, and threatened LGBTQI+ activists.”

“There were instances of non-state actor violence targeting LGBTQI+ persons and of police often failing to respond adequately to such incidents,” it adds.

The 2024 report does not mention Thai lawmakers last year approved a bill that extended marriage rights to same-sex couples. Gays and lesbians began to legally marry in the country in January.

Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights under the Biden-Harris administration who co-founded the Alliance for Diplomacy and Justice, during a conference call with reporters on Tuesday said she and her colleagues “expected (the report) to be bad.”

“When we saw what the administration released, the truth is we were shocked and horrified,” said Stern.

Stern added the Trump-Vance administration “has erased or watered-down entire categories of abuse against people of African descent, indigenous people, Roma people, members of other marginalized racial and ethnic communities, workers, women and girls, and LGBTQI+ people.”

“It is deliberate erasure,” said Stern.

Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights, speaks at the WorldPride 2025 Human Rights Conference at the National Theater in D.C. on June 4, 2025. (Washington Blade photo by Michael K. Lavers)

The Council for Global Equality in a statement condemned “the drastic restructuring and glaring omission of violence and abuse targeting lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons in the U.S.”

“We denounce the Trump administration’s efforts to politicize the State Department’s annual human rights reports by stripping longstanding references to human rights abuses targeting LGBTQI+ and other marginalized groups,” said Mark Bromley, the group’s co-chair.

Gay U.S. Rep. Mark Takano (D-Calif.), who chairs the Congressional Equality Caucus, echoed Bromley and Stern.

“Omitting the persecution of LGBTQI+ people from the human rights reports doesn’t erase the abuse, violence, and criminalization our community is facing around the world — it condones it,” said Takano in a statement.

“Erasing our community from these reports makes it that much harder for human rights advocates, the press, and the American people to be aware of the abuses LGBTQI+ people are facing worldwide,” he added.

Congress requires the State Department to release a human rights report each year. Foggy Bottom usually releases it in the spring. 

Politico in March reported the Trump-Vance administration planned to cut “sections about the rights of women, the disabled, the LGBTQ+ community, and more” from the human rights report. State Department spokesperson Tammy Bruce, who President Donald Trump has nominated to become deputy representative at the U.N., on Tuesday during her last press briefing defended the report and the delay in releasing it.

“We weren’t going to release something compiled and written by the previous administration,” said Bruce. “It needed to change based on the point of view and the vision of the Trump administration, and so those changes were made.”

“It certainly promotes, as does our work, a respect for human rights around the globe,” added the former Fox News contributor who has described herself as a “gay woman.”

The Council for Global Equality and Democracy Forward has filed a Freedom of Information Act lawsuit. A press release notes it is “seeking the release of additional information … including any instructions provided by political appointees to strip references to abuses against LGBTQI+ persons from the reports.”

“The reports make LGBTQI+ persons and other minorities invisible and, in so doing, they undermine the human rights landscape that protects all of us,” said Bromley.

“Erasing our community from these reports makes it that much harder for human rights advocates, the press, and the American people to be aware of the abuses LGBTQI+ people are facing worldwide,” added Takano. “Failing to rectify this censorship will have real — and potentially deadly — consequences for LGBTQI+ people, including both for those who travel abroad from the U.S. and for LGBTQI+ people in countries whose leadership no longer need to worry about consequences for their human rights abuses. The State Department must reverse course and restore the LGBTQI+ section to these reports.”

A State Department spokesperson told the Washington Blade the “information included in the 2024 reports has been restructured and streamlined for better utility and accessibility, and to be more responsive to the legislative mandate for the (human rights report.)”

“The result directly addresses the reporting requirements as laid out in statute as well as being more streamlined, objective, universal, and accessible to the American public,” said the spokesperson.

The spokesperson did not comment on the FOIA lawsuit the Council for Global Equality and Democracy Forward has filed.

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White House

New US visa policy targets transgender athletes

‘Men do not belong in women’s sports’

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(Washington Blade photo by Yariel Valdés González)

U.S. Citizenship and Immigration Services on Monday announced it will ensure “male aliens seeking immigration benefits aren’t coming to the U.S. to participate in women’s sports.”

The announcement notes USCIS “has clarified eligibility for certain visa categories: O-1A aliens of extraordinary ability, E11 aliens of extraordinary ability, E21 aliens of exceptional ability, and for national interest waivers (NIWs), to guarantee an even playing field for all women’s athletics in the United States.” The new policy comes roughly six months after President Donald Trump issued an executive order that bans transgender women and girls from female sports teams in the U.S.

“Men do not belong in women’s sports. USCIS is closing the loophole for foreign male athletes whose only chance at winning elite sports is to change their gender identity and leverage their biological advantages against women,” said USCIS spokesperson Matthew Tragesser. “It’s a matter of safety, fairness, respect, and truth that only female athletes receive a visa to come to the U.S. to participate in women’s sports.”

“The Trump administration is standing up for the silent majority who’ve long been victims of leftist policies that defy common sense,” added Tragesser.

USCIS in April announced it will only recognize “two biological sexes, male and female.” Trump shortly after he took office for a second time on Jan. 20 signed the “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” executive order.

The 2028 Summer Olympics will take place in Los Angeles.

The U.S. Olympic and Paralympic Committee last month banned trans women from competing in women’s sporting events.

The Guardian earlier this year reported the State Department ordered consular officials “to deny visas to transgender athletes attempting to come to the U.S. for sports competitions, and to issue permanent visa bans against those who are deemed to misrepresent their birth sex on visa applications.”

Germany and Denmark are among the countries that have issued travel advisory for trans and nonbinary people who are planning to visit the U.S. The warnings specifically note the Trump-Vance administration has banned the State Department from issuing passports with “X” gender markers.

“This policy update clarifies that USCIS considers the fact that a male athlete has been competing against women as a negative factor in determining whether the alien is among the small percentage at the very top of the field,” reads the USCIS announcement. “USCIS does not consider a male athlete who has gained acclaim in men’s sports and seeks to compete in women’s sports in the United States to be seeking to continue work in his area of extraordinary ability; male athletes seeking to enter the country to compete in women’s sports do not substantially benefit the United States; and it is not in the national interest to the United States to waive the job offer and, thus, the labor certification requirement for male athletes whose proposed endeavor is to compete in women’s sports.”

The new USCIS guidance takes effect immediately.

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California Politics

How Triston Ezidore became the first gay, Black board member in Culver City at 19 years old, making history—twice!

At 19, Ezidore felt like it was his responsibility to track the educational movements in the Culver City Unified a bit more closely

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Triston Ezidore

While most teenagers are busy playing video games, Triston Ezidore was busy making history. 

From high school student to school board member for the Board of Education in Culver City, Ezidore talks with the LA Blade about his unconventional entry into politics with influence from George Floyd’s death and the COVID-19 pandemic, and how he made history twice while he was still a teenager. 

In 2021, most of us were still at home and many people unemployed, out of school, caring for loved ones or just merely surviving the pandemic shutdowns and peak infections caused by COVID-19. During this time, many high school students lost valuable time in the classroom, being cut off from celebrating and socializing with their peers. Young Ezidore, rose above that—and more—achieving new milestones within his family and within the entire board of education in Culver City, bringing representation to queer, trans and communities of color. 

Shortly after graduation, Ezidore headed to Syracuse University and from afar, he continued to tune into the Culver City school board meetings to track the progress he had made during his time as student body president in high school. 

“I was still kind of watching, tuning into everything that was going on in Culver City and we knew that in order to get [the progress] right, we had to have a spotlight over the implementation,” said Ezidore. 

It was during this time, that he noticed that all the progress he tried to implement during his time there, was not being implemented correctly, so he felt like it was his responsibility to track the movements a little more closely. 

This is when he made the decision to return home and enroll at University of Southern California’s Dornsife College of Letters, Arts and Sciences—where he simultaneously launched his campaign for a seat on the Culver City Unified School District Board of Education. 

In 2022—just one year after graduating high school—he won one of three open seats, becoming the youngest elected official in Los Angeles County at 19 years old. Then in 2023, he was elected to serve as School Board Vice President—making history as the first Black, gay man in that position as a teenager. 

Though his journey into politics is “unconventional” as he puts it, Ezidore says he was radicalized to go into politics because of George Floyd’s death and the inequities made incredibly obvious by the COVID-19 pandemic. 

Ezidore says that being the child of immigrants also inspired him to ultimately look into politics to gain a better understanding of how his perspective can be helpful towards other people’s experiences and educational goals. 

His mother was born in Vietnam and moved to the United States after the fall of Saigon, which was the end of the Vietnam war that lasted from 1955 to 1975. Ezidore’s father is from Jamaica, so that gives Ezidore a unique perspective into the challenges and unique obstacles that many students face during their K-12 education. 

Ezidore also identifies as gay and has been out since he was 18 years old. 

“I find myself identifying as a gay, Black man, and I know that under this administration specifically, there has been an obsession with LGBTQ people and trans people in education,” said Ezidore. “I think historically our [education] system has not supported Black boys in education as a whole, so I find myself often pulling or tapping into those aspects of my identity.”

As a proud, gay, Black man, he felt that it was necessary to implement actual structures to support the most neglected demographic of the education system. 

“We instituted the Black Student Achievement Plan that called for specific action goals to implement or to increase achievement,” said Ezidore. 

This plan created mentorship and internship opportunities, a Black student council, a Black affinity group graduation and uplifted students in achieving their goals. During that time, former  governor Jerry Brown stated that school districts should implement a Local Control and Accountability Plan (LACP). The plan serves as a tool to improve student outcomes with a roadmap that tracks and sets goals and plan actions, and leverages resources to guide students who were foster youth, low-income and English-learners. 

“I don’t know that [Trump] is going to withhold the funding, but to me, I don’t know if I could sleep at night if I let him dictate these [educational] outcomes for the students in Culver City,” he said. 

The latest update from the Supreme Court is that Trump is allowed to continue dismantling the U.S. Department of Education, worrying scholars throughout the country, with many saying that without an injunction, much of the damage can be irreversible. The Department of Education has already experienced the slashing of over 1,400 jobs and will continue to see more funding cuts due to the Reduction in Force (RIF) plan, implementing Trump’s Executive Order, which he claims will improve education and families by returning education authority to individual states. 

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Congress

White House finds Calif. violated Title IX by allowing trans athletes in school sports

Education Department threatens ‘imminent enforcement action’

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California Gov. Gavin Newsom (D) (Washington Blade photo by Michael Key)

The Trump-Vance administration announced on Wednesday that California’s Interscholastic Federation and Department of Education violated federal Title IX rules for allowing transgender girls to compete in school sports.

In a press release, the U.S. Department of Education’s Office of Civil Rights threatened “imminent enforcement action” including “referral to the U.S. Department of Justice” and the withholding of federal education funding for the state if the parties do not “agree to change these unlawful practices within 10 days.”

The agency specified that to come into compliance; California must enforce a ban excluding transgender student athletes and reclaim any titles, records, and awards they had won.

Federal investigations of the California Interscholastic Federation and the state’s Department of Education were begun in February and April, respectively. The Justice Department sued Maine in April for allowing trans athletes to compete and refusing a similar proposal to certify compliance within 10 days.

Broadly, the Trump-Vance administration’s position is that girls who are made to compete against trans opponents or alongside trans teammates are unfairly disadvantaged, robbed of opportunities like athletics scholarships, and faced with increased risk of injury — constituting actionable claims of unlawful sex discrimination under Title IX.

This marks a major departure from how the previous administration enforced the law. For example, the Department of Education issued new Title IX guidelines in April 2024 that instructed schools and educational institutions covered by the statute to not enforce categorical bans against trans athletes, instead allowing for limited restrictions on eligibility if necessary to ensure fairness or safety at the high school or college level.

Sports aside, under former President Joe Biden the department’s Office of Civil Rights sought to protect against anti-LGBTQ+ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

A number of high profile Democrats, including California Gov. Gavin Newsom, have recently questioned or challenged the party’s position on transgender athletes, as noted in a statement by Education Secretary Linda McMahon included in Wednesday’s announcement.

“Although Gov. Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.”

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Congress

Garcia elected top Democrat on the House Oversight Committee

Gay Calif. lawmaker vows to hold Trump-Vance administration accountable

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U.S. Rep. Robert Garcia (D-Calif.) (Washington Blade photo by Michael Key)

U.S. Rep. Robert Garcia (D-Calif.) on Tuesday was elected top Democrat on the House Oversight Committee in a vote that signaled the conference’s overwhelming support for a newer voice on Capitol Hill who will play a key role taking on President Donald Trump.

With a margin of 150-63, the 47-year-old openly gay congressman defeated U.S. Rep. Stephen Lynch (D-Mass.), alongside U.S. Reps. Jasmine Crockett (D-Texas) and Kweisi Mfume (D-Md.) who exited the race after the House Democratic Steering and Policy Committee backed Garcia.

Serving only since 2023, the congressman has had a remarkably quick ascent leading up to his election this week as ranking member of one of the most powerful House committees, awarded a leadership position serving under House Democratic Whip Katherine Clark (Mass.) and selected as a co-chair of former Vice President Kamala Harris’s 2024 presidential campaign.

Democratic members began jockeying for the top seat on the oversight committee this spring after the late-U.S. Rep. Gerry Connolly of Virginia stepped away amid news that his esophageal cancer had returned. He died in May.

Connolly last year fended off a challenge from one of the most well known House Democrats, U.S. Rep. Alexandria Ocasio-Cortez (N.Y.), though with a narrower margin that signaled intra-party tensions over whether leadership roles should still be awarded based on seniority.

Garcia positioned himself as a bridge between the two camps — a consensus candidate with executive managerial experience as the former mayor of Long Beach. At the same time, particularly since the start of Trump’s second term, the congressman has emerged as one of the most outspoken critics of the new Republican regime.

In a statement on X Tuesday, Garcia thanked his colleagues and promised to “hold Donald Trump and his administration accountable.”

If Democrats win control of the House next year, the oversight committee will be able to exercise powers that are now available only to Republicans under the chair, U.S. Rep. James Comer (R-Ky.), which include the authority to investigate virtually any matter across the federal government, to issue subpoenas, and to compel testimony.

In the meantime, Garcia on Monday promised that Democrats on the committee would “vigorously fight” Republican Speaker Mike Johnson’s (La.) plans “to dismantle the Government Accountability Office.”

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Congress

Padilla forcibly removed from federal building for questioning DHS secretary

Prominent Democrats rushed to defend senator

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U.S. Sen. Alex Padilla (D-Calif.) (Washington Blade photo by Michael Key)

Democratic U.S. Sen. Alex Padilla of California was forcibly removed from a federal building in Los Angeles after attempting to ask questions of U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday

The city has been rattled in recent days as protestors objecting to the Trump-Vance administration’s immigration crackdowns clashed with law enforcement and then the president deployed National Guard troops and U.S. Marines, which was seen as a dramatic escalation.

According to a video shared by his office, the senator, who serves as ranking member of the Senate Judiciary Immigration Subcommittee, introduced himself and said, I have questions for the secretary.” After he was pushed out of the room, officers with FBI-identifying vests told Padilla to put his hands behind his back and handcuffed him.

“Senator Padilla is currently in Los Angeles exercising his duty to perform Congressional oversight of the federal government’s operations in Los Angeles and across California,” reads a statement from his office.

“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” the statement continued. “He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”

Democrats were furious, with many releasing strong statements online condemning the actions of law enforcement officers, including California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D), and the state’s other U.S. senator, Adam Schiff (D).

Human Rights Campaign Chief of Staff Jay Brown also issued a statement: “A sitting U.S. senator should be allowed to ask a Cabinet secretary a question at a press conference — in his own state, on an issue affecting his constituents — without being violently thrown to the floor and handcuffed. Everyone who cares about our country must condemn this undemocratic act. Full stop.”



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