National
10 years later, firestorm over gay-only ENDA vote still informs movement
Ten years ago, a firestorm ignited in the LGBT community over a vote in the U.S. House that many transgender people remember vividly because it excluded them in favor of advancing employment non-discrimination protections to lesbian, gay and bisexual people.
The vote on the “gay-only” version of the Employment Non-Discrimination Act on Nov. 7, 2007, rocked the LGBT movement and prompted protests against the Human Rights Campaign and gay former Rep. Barney Frank (D-Mass.), who backed the bill, arguing it was the best that could be done at the time. The 10th anniversary of the vote is Tuesday.
But the omission galvanized transgender rights advocates to such an extent that for the next 10 years the LGBT movement committed to moving forward only legislation that included the full community — both at the state and federal level — and today advancement of a sexual-orientation only bill is impossible to imagine.
Dana Beyer, a Chevy Chase, Md.-based transgender activist who’s running for state Senate in Maryland, said the vote on the gay-only version of ENDA was “a landmark” for trans inclusion in the LGBT movement.
“Whenever I discuss the progress that we’ve made, which has been remarkable, I begin there because that was basically the first real battle for the trans community on the national stage and over the succeeding decade, we’ve made incredible progress,” Beyer said.
Beyer added from that time forward after the creation of United ENDA — an unprecedented coalition of more than 400 organizations that emerged to fight against trans exclusion —there have been with few exceptions “no instances of any gay activism or legislation that did not include trans people.”
Rebecca Juro, a New Jersey-based transgender activist and radio show host, said the reaction to the vote on the sexual-orientation only version of ENDA was a significant turning point.
“The reason why Barney Frank was able to introduce and get the kind of support he did in Congress was because there was a feeling [of] who cares, nobody knows about these people,” Juro said. “What that did was it said, ’No, no, no,’ you’re wrong.’ and people are going to call you out and it’s going to cost you politically and people are going to show up at the Human Rights Campaign galas and make it difficult for you to solicit money for your campaign.”
In the year Democrats assumed control of the U.S. House after more than a decade of Republican majorities, then-House Speaker Nancy Pelosi (D-Calif.) brought the gay-only version of ENDA to the floor after Frank determined an initial version of the bill that included protections based on gender identity wouldn’t get a majority vote in the chamber.
That version of ENDA would pass on the House floor by a vote of 235-184. (Among those voting in favor of the bill was Rep. Paul Ryan (R-Wis.), although he also voted in favor of a motion to recommit that would have killed the legislation.)
Voting “no” on the legislation were 25 Democrats, many of whom — such as Rep. Jerrold Nadler (N.Y.), former Rep. Anthony Weiner (N.Y.) and former Rep. Michael Michaud (Maine) — rejected the measure on the basis it lacked protections for transgender people. Then-Rep. Tammy Baldwin (D-Wis.), now a U.S. senator and still the only out lesbian in Congress, proposed an amendment to insert gender identity, but withdrew the measure before it could come to a vote.
Joe Solmonese, president of the Human Rights Campaign at the time of the vote, backed ENDA and 10 years later stood by his decision as a means to develop the legislation, citing “no hope of passing any legislation into law” with George W. Bush as president.
“It was a tactical decision to take a step in the direction of getting what we ultimately wanted, which was maybe a non-inclusive bill in the House, and inclusive bill in the Senate that would end up as a fully inclusive bill or that would end up as a fully inclusive bill by the time Obama became president,” Solmonese said.
Recalling a “great deal of debate within the community and the House” about whether sufficient votes for transgender inclusion were present, Solmonese said lawmakers pledged to LGBT activists support for a trans-inclusive bill before, then told Pelosi not bring such a measure to the floor.
“They sort of wanted it both ways,” Solmonese said. “They knew what they were supposed to do, but they didn’t want to do it.”
Frank said the vote on ENDA was “very important” because it paved the way for legislative victories on hate crimes protections and “Don’t Ask, Don’t Tell” repeal.
“One of the problems we’ve had historically — we don’t have it anymore — is members being afraid to vote for us because they thought they could be defeated, that it would be a tough vote,” Frank said. “So, here we had members voting for a bill that was a broad protections for LGB people and nobody lost because of it. That was very helpful in setting the foundation.”
In his book “A Life in Politics,” Frank recounts the deliberative process that went into bringing the gay-only version of ENDA to the House floor, maintaining Republicans would have sought to amend the bill to remove the transgender protections.
Baldwin disagreed with moving forward without transgender inclusion, Frank wrote, even though she ultimately voted for the bill. (Baldwin’s office didn’t respond to a request to comment for this article.)
“As we approached the final vote, Tammy did her own informal whip count and concluded we would have enough Democratic votes,” Frank wrote. “Speaker Pelosi, a strong supporter of the bill, asked Tammy for her count, checked it herself with the members, and decided that Tammy had been too optimistic — a conclusion that [former Rep. George Miller and I, based on our own work, fully agreed with. We did not have the votes for the inclusive-bill. It was sadly but unmistakably clear to Pelosi, Miller and me that we could pass ENDA only in its earlier form, covering only lesbian, gay and bisexual workers.”
Backing that move was the Human Rights Campaign, which continued to support the gay-only measure as one of five co-signers in a letter to Congress dated Nov. 6, 2007 organized by the Leadership Conference on Civil & Human Rights.
“With each significant step toward progress, the civil rights community has also faced difficult and sometimes even agonizing tradeoffs,” the letter said. “We have always recognized, however, that each legislative breakthrough has paved the way for additional progress in the future. With respect to ENDA, we take the same view.”
That vote sent a shockwave through the transgender community, which quickly marshaled opposition to the bill and protested any further advancement without their protections. Many angrily accused the Human Rights Campaign and Frank of abandoning the transgender community.
Mara Keisling, executive director of the National Center for Transgender Equality, said the vote was “one of the most important things that happened in the movement in the last 20 years.”
“We wanted everything to be about setting up for what the movement was after this vote happened, after the bill died for the year,” Keisling said. “What were the lessons the movement was going to learn, what was the lesson HRC was going to learn, what was the lesson Barney Frank was going to learn?”
The night before the vote, Keisling said, she received a call from Frank’s office and was informed “it was over” a for trans-inclusive version of ENDA. Together with Dave Noble, then policy director of the National LGBTQ Task Force, Keisling said she planned to write a letter to Baldwin in hopes she could influence the vote, but was told the gay-only ENDA would move forward.
That night, Keisling and Noble reached out to the National Center for Lesbian Rights and other groups to form a coalition against the trans omission. By morning more than 60 organizations had joined United ENDA, Keisling said, a coalition that refused to support the gay-only bill and pledged to work with lawmakers to support a trans-inclusive measure.
Keisling said other groups “were calling up slightly annoyed that they hadn’t been asked to sign on” and soon the coalition grew to several hundred members.
“It essentially was because Barney Frank and HRC had totally lost touch with what the community was,” Keisling said. “So they did not understand that this would not be alright with the community and we all found out very quickly in a matter of hours that it really was not, that the movement had really become an LGBT movement and it wasn’t going to fly to take trans people out. So not only were we against the vote happening, we were the leaders of being against the vote happening.”
The gay-only version of ENDA never reached Bush’s desk for his veto, nor did any version of the bill — trans-inclusive or otherwise — come up in the U.S. Senate even though Democrats controlled both chambers of Congress.
Had ENDA been brought to the floor for a vote in the Senate, the sponsor would likely have been the late Sen. Edward Kennedy, who was one of the rare champions of LGBT rights at the time.
Solmonese said he didn’t immediately remember why ENDA never came up in the Senate and said it “may have had to do with timing,” but said Kennedy would only have moved forward with a trans-inclusive bill, not a gay-only ENDA, as part of the strategy for the House vote.
“He understood and supported the rationale of having an overarching strategy,” Solmonese said. “George Bush is the president. This thing’s not going to get passed into law. You do one version in the House, an inclusive version in the Senate, the leadership of both chambers is such that the conference committee would likely end up with something that was fully inclusive, right?”
Keisling, however, said “there was no Senate plan” because the Democratic majority in the chamber was seen as too marginal to advance ENDA, nor did Kennedy ever express an aversion to the gay-only version of the bill.
“The plan was that Barney Frank and HRC thought that it was worth passing the gay-only bill through the House, just move the ball forward and get members on the record as Barney said many times,” Keisling said. “Everyone else believed that since it would never become law that year, we shouldn’t exclude anyone.”
Do the backers of the bill at that time have any regrets? Solmonese acknowledged a few even though he stood by his decision to support ENDA in 2007.
“I regret that I saw it one way, which was a step in building towards what all of us ultimately wanted and by no means a signal that that was the legislation that anybody would ultimately support, but the fact that many people didn’t see it that way and many people simply saw the symbolism around the act as one that was divisive to the community, that was never the intention of HRC or my intention, but I certainly regret that that’s the way that it unfolded,” Solmonese said.
Frank said his “regret was we didn’t have the votes” when asked about his approach and blustered at the suggestion anything else could have been done.
“I think to do nothing at all — that was the argument, if you can’t include everybody, you can’t include anybody — in the first place, that’s not the history of the civil rights movement,” Frank said. “I voted to help protect African Americans and immigrants and women. The civil rights movement…you move as much as you can as soon as you can and you build on that. So do I regret not trying hard to get votes? No, I tried as hard as I could to get the votes.”
‘The pendulum is all the way the other way’
Over the course of 10 years since that vote, it’s hard to imagine Congress — or any other legislative body — passing legislation that excluded transgender people. Each successful version of ENDA introduced and advanced in Congress has been trans inclusive and its supporters have defended that language against any objection it. The Equality Act, the successor to ENDA that would ban anti-LGBT discrimination in employment and in all aspects of civil rights law, has consistently been trans inclusive.
Keisling said the commitment to trans inclusion among LGBT groups is “almost total.”
“Most of the big LGBT organizations, including the legal organizations, the lion’s share of their work now is trans work and, no, I don’t think any of them would intentionally do work to cut trans people out. In fact, there are times that we have to talk people into doing things because they’re afraid trans people will think it means cutting them out when it doesn’t. So, yeah, the pendulum is all the way the other way, and then probably some extra.”
Drew Hammill, a Pelosi spokesperson, pointed to enactment of the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act and his boss’ support for the Equality Act as evidence of her support for trans inclusion.
“Leader Pelosi was proud to lead the Congress as speaker in passing a fully inclusive hate crimes bill signed into law by President Obama in October of 2009,” Hammill said. “A top priority for the leader is the Equality Act, comprehensive legislation to amend the Civil Rights Act and protect LGBT Americans from discrimination on the basis of sexual orientation, gender identity and sex. The leader believes that this legislation would pass the Congress now should Speaker Ryan allow a vote.”
Times have changed for the Human Rights Campaign as well. In 2014, Chad Griffin, the current president of the Human Rights Campaign, apologized on behalf of his organization at the Southern Comfort transgender conference for having “done wrong by the transgender community in the past.”
Transgender work has become a major component of the LGBT group’s work. In recent years, the organization has opposed a gay-only non-discrimination bill in Michigan, worked to thwart the anti-trans House Bill 2 in North Carolina and successfully blocked an anti-trans bathroom bill in Texas. The organization has also opposed non-discrimination measures in Pennsylvania and Charlotte, N.C., without public accommodations protections, which were seen as a backdoor way of leaving out transgender people because of controversy over bathroom use.
Sarah McBride, who’s transgender and press secretary for the Human Rights Campaign, said in the past 10 years the organization is “proudly and unequivocally continuing to fight for trans-inclusive protections” and will only back legislation that is fully inclusive.
“From Michigan to North Carolina to Birmingham, HRC has forcefully and aggressively blocked laws and policies that don’t protect every LGBTQ person from discrimination while fighting to extend robust protections across the country,” McBride said. “We are also working to accelerate the pace of progress in other ways, from raising the visibility of the transgender community, to incentivizing trans-inclusive healthcare through our Corporate Equality Index, to shining a spotlight on the epidemic of anti-transgender violence which is taking the lives of so many trans women of color.”
But 2007 wasn’t the last time there would be fighting within the LGBT community over ENDA. In 2013, major LGBT groups (again with the exception of the Human Rights Campaign) dropped support from a version of ENDA over the scope of its religious exemption, which would have provided leeway for religious institutions, like churches or religious schools, to discriminate against LGBT workers in non-ministerial positions even if the bill were to become law. In a reversal from 2007, the Senate passed the legislation, but it didn’t come up for a vote in the Republican-controlled House.
Although ENDA has never become law, a growing consensus has emerged in the courts that Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of sex, also applies to anti-trans discrimination. Four federal appellate courts — the First, Sixth, Ninth and Eleventh circuit courts of appeals — have determined employment discrimination against transgender people is barred under Title VII, as has the U.S. Equal Employment Opportunity Commission.
Keisling cautioned against too much reliance on laws against sex discrimination because “things are in flux,” noting U.S. Attorney General Jeff Sessions’ withdrawal of support for transgender protections under Title VII and President Trump’s appointment of anti-LGBT judges.
“We’re still convinced that the courts are on our side, cases and decisions have been building up to support us and actually [the idea] trans people are supported by sex discrimination is better supported than that gay people are,” Keisling said. “We just don’t exactly know how that’s going to maintain. We do know that there’s a handful of both sexual orientation and gender identity cases moving up through the court system, so what I say now might not be true a month from now and certainly will be changed somewhat in a year.”
Confidence in the legal landscape for trans protections under Title VII is at such a point that a pending petition filed by Lambda Legal before the U.S. Supreme Court seeking a nationwide ruling for gay protections under the law, but not explicit trans protections, hasn’t registered as trans exclusion. The petition was filed on behalf of lesbian plaintiff Jackie Evans after the U.S. 11th Circuit Court of Appeals ruled against her.
Beyer said she’s not bothered by the petition and it should only upset transgender activists “who don’t bother to parse the specifics” and recognize the transgender victories in lower courts.
“We could have easily won [trans protections] nationwide first,” Beyer said. “In this case, sexual orientation has been viewed differently and most courts haven’t wanted to touch it until the Hively case in the 7th Circuit took it, and now we’ve got Evans. That’s beginning to change. I’m certainly not at all offended by that because this is the way you go. You have a case and the case can’t equally be broadened to include different classifications simply because the community would like it.”
The social scene, in contrast to advocacy groups and the legal landscape, may not be as advanced in accepting transgender inclusion despite the explosion over ENDA 10 years ago. Transgender rights advocates noted a distinction between the LGBT community at large in accepting transgender people and advocacy groups.
Beyer said she doesn’t see transgender inclusion at the social level “anywhere near as advanced” as the current legal landscape.
“Acceptance, affirmation in the general culture is one thing, but the fact that, say, 35 percent of Americans do know a trans person, doesn’t mean that people are that much more comfortable with trans people,” Beyer said. “I think on balance they are, but not overwhelmingly so.”
Efforts to resist trans inclusion in the movement on occasion still emerge, although they’re rare and don’t represent mainstream LGBT views. In 2015, a petition was posted on Change.org titled “Drop the T” urging major LGBT organizations to “disassociate themselves from the transgender movement and return to representing their base support of gay men and lesbians.” The petition, signed by 3,227 people, had no impact on transgender advocacy at LGBT groups.
But transgender advocates also saw a generational divide in the approach to trans inclusion on the social scene that meets what is now seen at the advocacy level.
Juro said college-aged LGBT activists just beginning to come into the movement have a much different view of trans inclusion than their LGBT elders.
“They’re all like, no, you cannot separate, we’re all in this together and trying to say we’ll get rights for gay people without trans people is unacceptable,” Juro said. “And our youth, let’s be honest, are the ones who are driving the community. There the ones who get out there with the signs and the marches. People my age, 55, and old farts, we’re not always as active as we used to be and these are the kids who are driving the movement.”
In some respects, the transgender movement has evolved in strength to take on challenges on its own. Just recently, the National Center for Transgender Equality formed a 501(c)(4) political arm and the Breakthrough Fund, a political action committee and offshoot of the Trans United Fund run by transgender activists, launched with the goal of electing transgender people to public office.
Beyer said the transgender movement is rising to the occasion now that transgender issues have become the focus after many victories on gay rights.
“I think the grassroots trans community has seized the initiative simply because after marriage, after Obergefell, it seemed like the air went out of the gay balloon,” Beyer said. “On a local level, there are still black trans women being murdered. There’s still difficulty getting jobs for many trans people, particularly the younger ones. So, there’s a lot of work that needs to be done.”
With the LGBT movement changing dramatically, Keisling said “the LGBT movement is quickly becoming a trans movement,” and now she’s concerned “we’re sending signals to the gay community that trans work is more important than gay work.”
Nonetheless, Keisling cited concerns about insufficient trans presence in places where existing infrastructure is based on gay rights, such as states that have state LGBT equality groups, but no trans groups.
“That’s fine as long as the LGBT movement is strong, but after marriage, if the movement’s weakening…that means trans people don’t have enough support from the LGBT group because it’s weakening but they don’t have the ability to have a strong trans group because there’s an LGBT group,” Keisling said. “I think that’s a conversation we have to start having more explicitly.”
District of Columbia
Trans employee awarded $930,000 in lawsuit against D.C. McDonald’s
Jury finds franchise failed to stop harassment, retaliation by staff
A D.C. Superior Court jury on Aug. 15 ordered a company that owned and operated a McDonald’s restaurant franchise in Northwest Washington to pay $930,000 in damages to a transgender employee who charged in a lawsuit that she was subjected to discrimination, harassment, and retaliation because of her gender identity in violation of the D.C. Human Rights Act.
The lawsuit, which was filed in January 2021 by attorneys representing Diana Portillo Medrano, says Medrano was first hired to work at the McDonald’s at 5948 Georgia Ave., N.W. in 2011 as a customer service representative and was recognized and promoted for good work until she began to transition as a trans woman two years later.
It says she was fired in 2016 after she filed a discrimination complaint with the D.C. Office of Human Rights on grounds that she did not have legal authorization to work in the U.S. as an immigrant from El Salvador. One of her attorneys, Jonathan Puth, said the jury agreed with the lawsuit’s allegation that the reason given for the firing was a “pretext” and the real reason was retaliation for her discrimination complaint.
Puth said evidence was presented during the eight-day civil trial that the McDonald’s had knowingly hired other immigrant employees who did not have legal authorization to work and never held that against them.
“Despite a successful five-year career with McDonald’s marked by raises, promotions, and awards and absence of discipline, Plaintiff Diana Medrano’s supervisors and co-workers subjected her to a barrage of taunts, laughter, ridicule, and harassment because she is a transgender woman,” the lawsuit states.
“Managers and supervisors routinely referred to her as male despite her expressed request that they respect her gender identity as female, encouraging co-workers to harass her relentlessly in like fashion,” it says. “When she complained to her managers, they claimed Ithat the harassment was justified because she hadn’t legally changed her name,” the lawsuit’s complaint continues.
“After she formalized and elevated her complaints, Defendants fired her on pretextual grounds. Defendants discriminated against Ms. Medrano because of her gender identity and retaliated against her in violation of the District of Columbia Human Rights Act,” the lawsuit complaint states.
The lawsuit names as defendants International Golden Foods LLC and MCI Golden Foods LLC, two companies based in Burke, Va. that it says were owned and operated by Luis Gavignano, who is also named as a defendant in the lawsuit. The lawsuit says the two companies held the franchise rights to own and operate the McDonald’s where Medrano worked.
The Washington Blade’s attempts to reach a spokesperson for the two companies and for Gavignano as well as two of the attorneys that represented them in contesting the lawsuit through email and phone messages were unsuccessful.
In a nine-page written answer to the lawsuit filed Feb. 12, 2021, on behalf of International Golden Foods, which is referred to as IGF, attorneys Amy M. Heerink and Kelvin Newsome dispute the allegations that Medrano was targeted for discrimination and harassment because of her gender identity.
The written answer to the complaint highlights the company’s claim that Medrano was fired because she didn’t have legal authority to work in the U.S. It refers to the company’s personnel official, Carla Vega, who informed Medrano that she could no longer work for the McDonald’s outlet.
“IGF admits that Ms. Vega informed Plaintiff that her employment had to be terminated due to Plaintiff’s voluntary and unprompted statement during the investigation that she was not authorized to work in the United States,” the written answer to the lawsuit states. “IGF admits that Plaintiff’s employment was terminated based on her ineligibility to work in the United States,” it says.
“The jury clearly found that IGF continually used unauthorized employees, hired and employed unauthorized workers knowingly,” Puth, Madrano’s attorney, told the Blade. “And they never fired anyone for that reason at any of their stores except for Diana,” Puth said.
“And so, the jury found that the reason given was a pretext for retaliation,” he said. “That was what was motivating them. They were motivated to retaliate against her because she kept complaining about discrimination.”
Puth noted that Medrano initially filed her complaint with the D.C. Office of Human Rights and was represented at that time by an attorney with Whitman-Walker Health’s legal clinic. He said Whitman-Walker later referred her to his law firm, Correia & Puth, after determining the case could not be resolved at the Office of Human Rights.
The jury’s verdict of $930,000 in damages included $700,000 in punitive damages and $230,000 in damages for the emotional distress Medrano suffered due to the discrimination and harassment to which she was subjected.
A statement released by the law firm representing her says the action by the jury is believed to be the first jury verdict in a transgender employment discrimination case under the D.C. Human Rights Act.
Attorney Puth and his law firm partner, attorney Andrew Adelman, were the attorneys of record representing Medrano in her lawsuit.
“When you are sure of what you have experienced, no matter how much time passes, the truth will come to light,” Medrano said in the statement released by her attorneys. “Our truth is our best weapon to achieve justice,” she said. “It is truth, justice, and faith in God that have helped me get here.”
In his law firm’s statement, Puth called the jury’s verdict a vindication of Medrano’s 11-year battle for her legal rights.
“Diana is our hero,” he said. “She stood up for her rights in the face of terrible harassment and kept fighting even after she was fired for doing so. This verdict puts other employers on notice that tolerating harassment of transgender employees is both unlawful and costly.”
Puth said earlier this year Medrano was approved for U.S. political asylum based on discrimination and harassment she faced in El Salvador. He said she is currently working full-time as a counselor for Empoderate, an LGBTQ health organization providing services for the Latina/Latino community that is affiliated with the D.C.-based La Clinica del Pueblo.
National
LGBTQ groups mark National Hispanic Heritage Month
GLAAD screened ‘Dímelo’ at Sept. 20 event in Los Angeles
Advocacy groups across the country are marking National Hispanic Heritage Month.
The Creative Artists Agency in Los Angeles on Sept. 20 hosted a comedy night that featured Danielle Perez, Gabe González, Lorena Russ, and Roz Hernandez. The event, which GLAAD organized, also included a screening of “Dímelo,” a digital series the organization produced with LatiNation that features interviews with Latino comedians.
A press release notes Damian Terriquez, Mimi Davila, Salina EsTitties, and Tony Rodriguez attended the event. GLAAD in a post on its website on Sept. 25 highlighted Essa Noche and other Latino drag queens.
“The art of drag has always been a vibrant expression of resistance, creativity, and identity, particularly within marginalized communities,” reads the post. “Latine drag artists not only embody the resilience and power of their heritage but also elevate queer voices in spaces where their visibility is often limited.”
EsTitties on Sept. 29 hosted Queerceañera, “an inclusive take on the coming-of-age quinceañera tradition throughout Latin America and the United States” the Los Angeles LGBT Center organized.
Celebrate Orgullo, which describes itself as the “first Hispanic and Indigenous LGBTQ+ festival in Greater Miami and Miami Beach,” will take place from Oct. 4-14. Unity Coalition|Coalición Unida, is organizing the events.
“The festival invites you to experience a warm and welcoming ‘wave’ of pride that celebrates what makes us unique while uniting us in a shared spirit of inclusion,” reads a press release.
GLSEN has posted to its website a list of resources for undocumented students.
“Especially in this political climate, it’s important not only to affirm LGBTQ Latinx identities with positive representation but also to ensure that students know how they’re protected, especially those who are among the most marginalized,” says GLSEN.
National Hispanic Heritage Month is from Sept. 15-Oct. 15.
Fenway Health in Boston on its website notes National Hispanic Heritage Month “honors and celebrates the vibrant histories, cultures, languages, traditions, values, and contributions of people whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America.”
Hispanic Heritage Week began in 1968. It became National Hispanic Heritage Month in 1988.
Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua mark their respective Independence Days on Sept. 15. Mexico’s Independence Day is on Sept. 16, and Chile’s Independence Day is on Sept. 18. Día de la Raza is Oct. 12.
“Here at Fenway Health, we are grateful every day for the many Latino/a/é staff members, clients, patients, volunteers, and supporters that are part of our community,” said Fenway Health. Their contributions and perspectives help drive Fenway’s mission: To advocate for and deliver innovative, equitable, accessible health care, supportive services, and transformative research and education and to center LGBTQIA+ people, BIPOC (Black, Indigenous, and other people of color) individuals, and other underserved communities to enable our local, national, and global neighbors to flourish.”
President Joe Biden in his National Hispanic Heritage Month proclamation made a similar point.
“In our country, Latino leaders are striving for the American Dream and helping those around them reach it too,” he said. “From those who have been here for generations to those who have recently arrived, Latinos have pushed our great American experiment forward.”
The proclamation also acknowledges Homeland Security Secretary Alejandro Mayorkas, Education Secretary Miguel Cardona, Health and Human Services Secretary Xavier Becerra, Small Business Administration Administrator Isabel Guzman, and other Latino members of his administration.
“I am proud to work with incredible Latino leaders, who are dedicated to bettering our nation every day,” said Biden.
People across the country from Sept. 22-28 are observing Banned Books Week, which has taken on added significance amid a surge of censorship efforts.
Banned Books Week, organized by PFLAG and a coalition of other advocacy groups, literary organizations, and educational institutions, seeks to raise awareness about efforts to remove content from public libraries, schools, and bookstores.
The current wave of book bans, which began intensifying in 2021, is driven primarily by conservative groups who disproportionately target titles featuring the voices and experiences of LGBTQ people and people of color.
“This is part of an organized effort to divide our communities by stoking fears against LGBTQ+ people, Black people, and immigrants,” PFLAG Vice President of Advocacy Katie Blair said. “[It] is targeted not only to banning books and censoring schools, but to infiltrating the lives of LGBTQ+ people and those who love them.”
While LGBTQ books have always been a target of book bans, censorship efforts in recent years are more focused on restricting access to LGBTQ content than in the past.
The Washington Post reports “LGBTQ books were the targets of between less than 1 and 3 percent of book challenges filed in schools” from the 2000s to the early 2010s. In 2022, however, 45.5 percent of unique titles that were challenged were written by or about LGBTQ people.
“Book bans have no place in our democracy,” the Congressional Equality Caucus said in a post to its X account.
Book bans have no place in our democracy.
During #BannedBooksWeek, we’re proud to stand with the authors, teachers, librarians, and readers who constantly stand up and say #LetFreedomRead! pic.twitter.com/T4uhCfnzjN
— Congressional Equality Caucus (@EqualityCaucus) September 22, 2024
On the American Library Association’s 2023 list of the 10 most challenged books, seven books featured LGBTQ voices; with Maia Kobabe’s “Gender Queer,” George M. Johnson’s “All Boys Aren’t Blue,” and Juno Dawson’s “This Book is Gay” topping the list.
The consequences of restricting access to LGBTQ stories and voices are far reaching especially for young people, Blair said.
“These bans contribute to the erasure of our communities and our histories, and all our stories deserve to be told. We believe that all students deserve the freedom to learn. They deserve to be able to develop their critical thinking skills, to be in schools that are open and affirming,” she said.
Deborah Caldwell-Stone, the director of the ALA’s Office of Intellectual Freedom, said another difference in the current wave of censorship is that most calls to censor books in school libraries and public libraries are now driven by organized advocacy groups.
She explained that in the past, most book challenges were initiated by parents and guardians who were concerned about a particular book their child was reading and brought those concerns to a teacher or librarian.
“But now we’re seeing organized groups or their spokespersons showing up at board meetings demanding the censorship of sometimes hundreds of titles all at once. And we’re seeing state legislatures pass laws that are intended to remove hundreds of books, if not thousands of books, all at once, from library shelves,” she said.
Between Jan. 1 and Aug. 31, 2024, ALA’s Office for Intellectual Freedom tracked 1,128 unique titles targeted for censorship. While this number marks a decline from the 1,915 titles challenged during the same period in 2023, it remains far higher than pre-2020 levels, when challenges hovered between 200 and 300 unique titles annually.
Moreover, PEN America, which tracks the total number of book bans rather than unique titles, counted more than 10,000 books that were banned in public schools during the 2023-2024 school year, nearly triple the amount from the previous year. Both ALA and PEN America’s reports exclude instances of soft censorship, where libraries and organizations preemptively avoid purchasing certain books or restrict access due to fear of potential challenges.
According to PEN America, around 8,000 books were banned in Florida and Iowa alone. Both states passed laws in recent years restricting access to books in schools that depict or describe sex. The vague language of the laws has drawn criticism for exacerbating soft censorship, and has often been interpreted to ban books with discussions of gender and LGBTQ identities.
Vera Eidelman, a staff attorney with the American Civil Liberties Union’s Speech, Privacy, and Technology Project, said, it is “not clear what [the language] means, and that is a problem in and of itself, because if teachers and librarians and other educators face discipline for violating that law, and they don’t know what the law means, that’s a due process problem.”
She noted that the laws have been and are being challenged on grounds of vagueness, and for violating the First Amendment.
Banned Books Week, which library activist Judith Krug founded in 1982, will culminate in “Let Freedom Read Day” on Saturday, on which organizers urge people to take at least one action to defend the freedom to read, such as participating in this year’s elections.
Caldwell-Stone emphasized the importance of being engaged at all levels of government.
“This is an intensely local issue,” she said. “While we are seeing state legislation intended to engage in broad censorship across the state, primarily these decisions are made at the local level.”
Banned Books Week recommends engaging with school and library administrators, school board and library board members, city councilpersons, and elected representatives at meetings to voice support for access to books. People are also encouraged to attend town halls or rallies to demonstrate opposition to book bans, purchase banned books, and volunteer at local libraries.
Throughout the week, filmmaker Ava DuVernay and student activist Julia Garnett, the honorary chairs of this year’s Banned Books Week, are discussing the various ways people can stand up against censorship attempts in virtual events accessible through the Banned Books Week website.
Libraries in D.C. and across the nation, meanwhile, are hosting readings, art exhibitions, and other activities to educate families about the freedom to read.
The Anne Arundel County Public Library system on Wednesday held an event to celebrate its launch as a “book sanctuary,” designating its libraries as “safe havens where the freedom to read is fiercely protected.”
Caldwell-Stone recommends those who are interested in countering up to censorship efforts view the action toolkit available at www.uniteagainstbookbans.org and the ALA’s “Reader. Voter. Ready.” guide at www.ala.org.
White House
Biden-Harris administration sets record for number of confirmed LGBTQ judges
Mary Kay Costello Senate confirmation took place Tuesday
The U.S. Senate voted 52-41 on Tuesday to confirm Mary Kay Costello as a judge for the U.S. District Court for the Eastern District of Pennsylvania, thereby setting a record for the number of LGBTQ federal judicial appointments made under the Biden-Harris administration, 12.
The Leadership Conference on Civil and Human Rights says less than three percent of the country’s nearly 900 federal judges are LGBTQ. Until this week, the Obama-Biden administration had appointed the most, 11, over two terms.
Costello is a prosecutor who has served as assistant U.S. attorney in Philadelphia since 2008.
In a post on X, the U.S. Senate Judiciary Committee’s Democratic majority wrote that she “exhibits a breadth of experience and a strong dedication to public service” and is “ready to serve as a federal judge.”
CONFIRMED: Mary Kay Costello to the Eastern District of Pennsylvania
— Senate Judiciary Committee (@JudiciaryDems) September 17, 2024
Ms. Costello exhibits a breadth of experience and a strong dedication to public service.
She’s ready to serve as a federal judge. pic.twitter.com/nBAf8pusty
U.S. Sen. Dick Durbin (Ill.), the Democratic majority whip and chair of the committee, shared another post on X celebrating the administration’s record-breaking number of LGBTQ judicial appointments, writing, “We’re diversifying the federal judiciary for generations to come.”
We’re diversifying the federal judiciary for generations to come. https://t.co/WQfOus1YDE
— Senator Dick Durbin (@SenatorDurbin) September 17, 2024
National
Leaders of terrorist group targeted ‘Black, immigrant, LGBT, Jewish people’
FBI arrests two leaders of ‘Terrogram Collective’
In a little-noticed development, the FBI and the U.S. Department of Justice announced on Sept. 9 that federal prosecutors obtained indictments against two leaders of a U.S.-based terrorist group that allegedly was arranging for the murder of federal government officials and soliciting others to commit hate crimes against “Black, immigrant, LGBT, and Jewish people.”
The Sept. 9 announcement says Dallas Humber, 34, of Elk Grove, Calif., and Matthew Allison, 37, of Boise, Idaho, who are leaders of the Terrorgram Collective, a transnational terrorist organization, were charged in a 15-count indictment for “soliciting hate crimes, soliciting the murder of federal officials, and conspiring to provide material support for terrorists.”
It says the two men were arrested on Sept. 6, but it does not say where they were at the time of their arrest.
“Today’s indictment charges the defendants with leading a transnational terrorist group dedicated to attacking America’s critical infrastructure, targeting a hit list of our country’s public officials, and carrying out deadly hate crimes – all in the name of violent white supremacist ideology,” U.S. Attorney General Merrick Garland said in the announcement.
“This indictment charges the leaders of a transnational terrorist group with several civil rights violations, including soliciting others to engage in hate crimes and terrorist attacks against Black, immigrant, LGBT, and Jewish people,” Assistant U.S. Attorney General Kristen Clarke said in the announcement. “Make no mistake, as hate groups turn to online platforms, the federal government is adapting and responding to protect vulnerable communities,” Clarke said.
U.S. Attorney for the Eastern District of California, Phillip A. Talbert, one of the prosecutors in the case, added in the announcement, “The defendants solicited murders and hate crimes based on the race, religions, national origin, sexual orientation, and gender identity of others…My office will continue to work tirelessly with our partners in law enforcement and in the Justice Department to investigate and prosecute those who commit such violations of federal criminal law.”
The announcement also says federal investigators determined Hunter and Alison helped to develop a “hit list” of targets for terrorist attacks and hate crimes that included “U.S. federal, state, and local officials, as well as leaders of private companies and non-government organizations, many of whom were targeted because of race, religion, national origin, sexual orientation, or gender identity.”
White House
The Los Angeles Blade interviews President Joe Biden
Oval Office sit-down was the first for an LGBTQ newspaper
Writing about President Joe Biden’s legacy is difficult without the distance and time required to assess a leader of his stature, but what becomes clear from talking with him is the extent to which his views on LGBTQ rights come from the heart.
Biden leads an administration that has been hailed as the most pro-LGBTQ in American history, achieving major milestones in the struggle to expand freedoms and protections for the community.
Meanwhile, conservative elected officials at the local, state, and national levels have led an all-out assault against LGBTQ Americans — especially those who are transgender, and especially transgender youth, who face an uncertain future with Donald Trump promising to strip them of their rights and reverse the gains of the past four years if he is elected in November.
Biden shared his thoughts and reflections on these subjects and more in a wide-ranging sit-down interview with the Washington Blade on Sept. 12 in the Oval Office, which marked the first time in which an LGBTQ newspaper has conducted an exclusive interview with a sitting U.S. president.
Looking back on the movement, the president repeatedly expressed his admiration for the “men and women who broke the back of the prejudice, or began to break the back” starting with those involved in the nascent movement for gay rights that was kicked off in earnest with the 1969 Stonewall Riots.
They “took their lives in their own hands,” Biden said. “Not a joke. It took enormous courage, enormous courage, and that’s why I’ve spent some time also trying to memorialize that,” first as vice president in 2016 when President Barack Obama designated a new national monument at the site of the historic uprising, and again this summer when speaking at the opening ceremony of the Stonewall National Monument Visitor Center.
“I think it set an example,” Biden said, not just in the U.S. but around the world.
Stonewall “became the site of a call for freedom and for dignity and for equality,” he said, and at a time when, “imagine — if you spoke up, you’d be fired, or you get the hell beat out of you.”
The president continued, “I was really impressed when I went to Stonewall. And I was really impressed talking to the guys who stood up at the time. I think the thing that gets underestimated is the physical and moral courage of the community, the people who broke through, who said ‘enough, enough,’ and they risked their lives. Some lost their lives along the way.”
Through to today, Biden said, “most of the openly gay people that have worked with me, that I’ve worked with, the one advantage they have is they tend to have more courage than most people have.”
“No, I’m serious,” he added, “I think you guys underestimate that.”
The president has spoken publicly about his deep respect and admiration for LGBTQ people, including the trans community, and trans youth, whom he has repeatedly said are some of the bravest people he knows.
A record-breaking number of LGBTQ officials are serving in appointed positions throughout the Biden-Harris administration. Among them are Transportation Secretary Pete Buttigieg, the first openly gay Senate-confirmed Cabinet member; Rachel Levine, the highest-ranking transgender appointee in history, who serves as assistant secretary for health at the U.S. Department of Health and Human Services; the first out White House communications director and press secretary, Ben LaBolt and Karine Jean-Pierre; and 11 federal judges (the same number of LGBTQ judicial nominees who were confirmed during the Obama-Biden administration’s two terms).
Even though “everyone was nervous,” Biden said, “I wanted an administration that looked like America,” adding, “all the LGBTQ+ people that have worked for me or with me have reinforced my view that it’s not what your sexual preference is, it’s what your intellectual capacity is and what your courage is.”
“I never sat down and said, ‘it’s going to be hard, man, she’s gay, or he’s gay,’ or ‘she’s a lesbian’” he said, and likewise, “it wasn’t like the people I work with, I went, ‘God, I’m surprised they’re competent as anybody else.'”
And then there is Sarah McBride, the Delaware state senator who is favored to win her congressional race in November, which would make her the first transgender U.S. member of Congress, a sign that “we’re on the right track,” Biden said.
A close friend of the Biden family, McBride worked for the president’s eldest son, Beau, who died from cancer in 2015. (As the Blade reported on Friday, Biden called to congratulate her on winning the Democratic primary race last week.)
While the president’s close personal and professional relationships with LGBTQ friends and aides has often been highlighted in the context of Biden’s leadership on efforts to expand freedoms and protections for the community, he credits first and foremost the values he learned from his father.
“I think my attitude about this, from the very beginning, was shaped by my dad,” Biden said. “You think I’m exaggerating, but my dad was a well-read guy who got admitted to college just before the war started” and in addition to being well educated was “a decent, decent, decent, honorable man.”
“My dad used to say that everyone’s entitled to be treated with dignity,” the president said, recalling a story he has shared before about a time when, as a teenager, he was surprised by the sight of two men kissing in downtown Wilmington, Del., and his father responded, “Joey, it’s simple. They love each other.”
“As a consequence of that, most of the things that I’ve done have related to just [what] I think is basic fairness and basic decency,” Biden said.
In his 2017 memoir, “Promise Me, Dad,” Biden writes that the country was too slow to understand “the simple and obvious truth” that LGBTQ people are “overwhelmingly good, decent, honorable people who want and deserve the same rights as anyone else.”
Plus, “It’s not like someone wakes up one morning says, ‘you know, I want to be transgender,’ that’s what I want to do,” he said. “What do they think people wake up, decide one morning, ‘that’s what I wanted’ — it’s a lot easier being gay, right?”
As vice president, Biden had pushed for the repeal of “Don’t Ask, Don’t Tell” and for the designation of a national monument to honor Stonewall, but he took a lot of heat — along with a lot of praise from the LGBTQ community — for voicing his support for same-sex marriage before Obama had fully come around to embracing that position.
His remarks came in the heat of the 2012 reelection campaign during an interview with NBC’s “Meet the Press.” Biden told the Blade he had just “visited two guys who had children” and “if you saw these two kids with their fathers, you’d walk away saying, ‘wait a minute, they’re good parents.’”
At the event, a reception hosted by Michael Lombardo, an HBO executive, and Sonny Ward, an architect, Biden pointed to the children and said, “Things are changing so rapidly, it’s going to become a political liability in the near term for someone to say, ‘I oppose gay marriage.’”
Nevertheless, “I remember how everyone was really upset, except the president,” Biden said, when he told David Gregory, “I am absolutely comfortable with the fact that men marrying men and women marrying women and heterosexual men and women marrying men and women are entitled to the same exact rights, all the civil rights, all the civil liberties and, quite frankly, I don’t see much of a distinction beyond that.”
It was a watershed moment. Obama would pledge his support for marriage equality three days later. And 10 years later, as president, Biden would sign the Respect for Marriage Act, a landmark bill codifying legal protections for married same-sex and interracial couples, rights that conservative U.S. Supreme Court Justice Clarence Thomas has expressed an interest in revisiting.
The president glanced at a print-out with bullet points, presumably a list of the various ways in which he and his administration have advanced LGBTQ rights over the past four years. “I forgot half the stuff I had done,” he said. “But you know, I’m just really proud of a lot of things we did.”
Ticking through some highlights, Biden started with the Respect for Marriage Act. “I was very proud” to sign the legislation, he said, with a ceremony in December 2022 that included Vice President Kamala Harris, first lady Jill Biden, and second gentleman Doug Emhoff.
Biden pointed to several advancements in health equity, such as the FDA’s decision to change “the law so that you could no longer discriminate against using the blood of a gay man or a gay woman,” progress in the national strategy to end HIV by 2030, an initiative coordinated by HHS, and a push to expand access to prophylactic drug regimens to protect against the transmission of HIV.
He added, “I directed the administration to promote human rights for LGBTQ [people] everywhere, particularly, for example, Uganda — they want help from us; they’ve got to change their policy, in terms of the discrimination.”
President Yoweri Museveni in May 2023 signed a law that carries a death penalty provision for “aggravated homosexuality.” The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.
Several of the administration’s pro-LGBTQ accomplishments and ongoing work address Republican-led efforts to restrict rights and freedoms. For instance, the president noted the importance of protecting in-vitro fertilization treatments, which are threatened by Trump “and his buddies” who were involved in Project 2025, the 900+ page governing blueprint that was drafted in anticipation of the former president’s return to the White House. The document contains extreme restrictions on reproductive healthcare and provisions that would strip away LGBTQ-inclusive non-discrimination rules.
“Fighting book bans” is another example, Biden said, adding, “I mean, come on, these guys want to erase history instead of make history.”
Last year, the president appointed an official to serve in the Education Department for purposes of advising schools on instances where their restrictions on reading material, which have been shown to disproportionately target content with LGBTQ characters or themes, may run afoul of federal civil rights law.
Before “Don’t Ask, Don’t Tell” was repealed, Biden said, “I spoke up when they were dismissing people, discharging people in the military because they were gay.” In 2021, just a few days after his inauguration, the president issued an executive order reversing the Trump administration’s ban on military service by transgender service members.
Lowering his voice for emphasis, Biden added, “They can shoot straight. They can shoot just as straight as anybody else.”
Other major pro-LGBTQ moves by the Biden-Harris administration include:
- • Issuance of a new Title IX policy prohibiting discrimination on the basis of sexual orientation and gender identity in public schools, educational activities, and programs;
- • A proposed rule from HHS that would protect LGBTQ youth in foster care;
- • Expansion of mental health services, including the establishment of a 988 suicide and crisis lifeline, which provides the option for callers to be connected with LGBTQ-trained counselors;.
- • Legal challenges of anti-trans state laws, such as those restricting access to health treatments;
- • Repeated pushback against these bills by the president and other officials like Jean-Pierre;
- • The president’s remarks reaffirming his support for the LGBTQ community, including in all of his State of the Union addresses;
- • The administration’s work tackling the mpox outbreak;
- • Expanded non-discrimination protections in the healthcare space;
- • Issuance of new guidelines allowing for changes to gender markers on official government-issued IDs;
- • Efforts to bring justice to veterans who were discharged other than honorably under discriminatory military policies, and;
- • ‘The biggest Pride month celebrations ever held at the White House.
“But the one thing I didn’t get done was the Equality Act,” Biden said, “which is important. important.”
The president and his administration pushed hard for Congress to pass the legislation, which would codify LGBTQ-inclusive nondiscrimination protections in areas from housing and employment to lending and jury service.
Biden raised the issue again when the conversation turned to his plans to stay involved after January 2025. “Look,” he said, “when a person can get married” to a spouse of the same sex but might “show up at a restaurant and get thrown out of the restaurant because they’re LGBTQ, that’s wrong.”
“That’s why we need the Equality Act,” Biden said. “We need to pass it. So, I’m going to be doing everything I can to be part of the outside voices, and I hope my foundations that I will be setting back up will talk about equality across the board.”
“Lawmakers, aides, and advocates say that significant obstacles to progress on the Equality Act remain, including polarized views on how to protect the rights of religious institutions that condemn homosexuality and Republicans’ increasing reliance on transgender rights as a wedge issue,” the Washington Post wrote in 2021, after the bill was passed by the House but left to languish in the Senate.
On LGBTQ issues more broadly, Biden said, “I think there are a lot of really good Republicans that I’ve served with, especially in the Senate, who don’t have a prejudiced bone in their body about this but are intimidated.”
“Because if you take a position, especially in the MAGA Republican Party now, you’re going to be — they’re going to go after you,” he added. “Trump is a different breed of cat. I mean, I don’t want to make this political, but everything he’s done has been anti, anti-LGBTQ, I mean, across the board.”
Project 2025, the president said, “is just full of nothing but disdain for the LGBTQ community. And you have Clarence Thomas talking about, when the decision was made [to overturn] Roe v Wade, that maybe we should consider changing the right of gays to marry — I mean, things that are just off the wall — just pure, simple, prejudice.”
“What I do worry about is I do worry about violence,” Biden said. “I do worry about intimidation. I do worry about what the MAGA right will continue to try to do, but I’m going to stay involved.”
“I’m going to remain involved in all the civil liberties issues that I have worked for my whole life.”
District of Columbia
Gender Liberation March participants rally for bodily autonomy outside Supreme Court, Heritage Foundation
‘Our bodies, our genders, our choices, our futures’
Upwards of 1,000 people gathered in D.C. on Saturday for the first-ever Gender Liberation March, rallying for bodily autonomy and self-determination outside the U.S. Supreme Court and the Heritage Foundation headquarters.
The march brought together advocates for transgender, LGBTQ, feminist, and reproductive rights, uniting the movements to protest attacks on healthcare access and individual freedoms.
The event kicked off just after noon at Columbus Circle, outside Union Station, where organizers had set up a stage. Throughout the day, speakers such as Elliot Page, Miss Major, and Julio Torres shared personal stories and highlighted the intersectional challenges of trans rights, abortion rights, and LGBTQ rights. Raquel Willis, a core organizer of the event, outlined the broad coalition of communities represented in the Gender Liberation March.
“This march is for the queers, and the trans folks of any age. It’s for the childless cat ladies and babies and gentlemen and gentlethem. It’s for the migrants and our disabled family. It’s for intersex folks and those living and thriving with HIV. It’s for Muslims and folks of every faith. It’s for those who believe in a free Palestine. It’s for our sex workers. It’s for our incarcerated and detained. It’s for all of us who believe there is a better way to live and love than we are today,” she told the crowd.
Nick Lloyd, an abortion storyteller from the organization We Testify, underlined the interconnectedness of the movements by sharing his experience as a trans man who had an abortion and discussing the support he received from trans women, emphasizing the significance of “radical solidarity.”
“When we fight for liberation, we need to make sure we are fighting for liberation for all of us,” he said in his speech.
The Gender Liberation March is organized by a collective of gender justice-based groups, including organizers behind the Women’s Marches and the Brooklyn Liberation Marches. Rachel Carmona, the executive director of the Women’s March, also addressed the importance of solidarity across movements.
She acknowledged that some within the feminist movement have questioned the inclusion of trans issues but countered this view.
“The women’s movement necessarily includes trans people,” Carmona asserted.
The march organized buses from nine East Coast cities, and many attendees arrived in D.C. in the days prior. Chris Silva and Samy Nemir Olivares left New York early that morning to make sure they could participate.
“I actually heard [about the march] from my dear friend, Samy, two weeks ago, and I got energized by the idea, and we woke up really early today to take a 5 a.m. bus and make it here this morning,” Silva said.
At 1 p.m. the crowd began marching toward the Supreme Court on a route that also passed by the Capitol. Marchers held signs and banners proclaiming “You can’t legislate us out of existence,” and “Our bodies, our futures.”
The Supreme Court has eroded individual liberties with recent decisions such as the overturning of Roe v. Wade, and is set to hear U.S. v. Skrmetti, a case with wide-reaching implications for trans healthcare, in October. Speaking through a speaker system in front of the Supreme Court, activist Aaryn Lang urged the crowd to remain vigilant.
“We do not have the luxury of treating very real threats like a difference of opinion. It’s not that type of time. They really want us dead,” Lang said.
Republican lawmakers in state legislatures are relentlessly attacking the rights of LGBTQ people, particularly trans individuals. This year alone, 70 anti-LGBTQ laws have been signed into law, most targeting trans rights, and at least 26 states have laws or policies banning gender-affirming care, according to the Human Rights Campaign.
From the Supreme Court, the march proceeded to the Heritage Foundation headquarters. The far-right think tank created the Project 2025 initiative, a blueprint to overhaul the federal government and attack trans and abortion rights under a potential second Trump administration.
Marchers chanted, “Abortion rights are trans rights,” as they approached the Heritage Foundation, where DJ Griffin Maxwell Brooks and booming music received them. The crowd quickly fell into an impromptu dance party and formed a circle where marchers took turns showcasing their vogueing. Trans queer performance artist Qween Amor noted that the march was attended by a group diverse in both identity and age.
“I think it’s very empowering to see not just my generation, but also seeing younger generations coming up and finding themselves in a moment where we can be liberated together and to see a mix of intersectional identities. I think, for me, [that] lets me know that, you know, I’m alive and that there’s hope,” she told the Washington Blade.
The march then returned to Columbus Circle, where health organizations and political organizations had set up booths. Hundreds of banned books were distributed for free and all copies were claimed within two hours of the event’s start.
It was a particularly hot Saturday with temperatures reaching 87 degrees, but Columbus Circle continued to be filled with people late into the day.
Page, known for his roles in films and series such as “Juno” and “The Umbrella Academy,” drew a large crowd when he took the stage to speak about his journey as a trans man.
“When I was finally able to step back from the squirreling, foreboding, the self-battering, and torment, the messages to lie and hide grew faint. I was able to listen, at last, to embrace myself wholly. And goodness, do I want that feeling for everyone,” he said. “I love being trans. I love being alive, and I want everyone to have access to the care that has changed my life. So let’s fight for it.”
National
How data helps — and hurts — LGBTQ communities
‘Even when we prove we exist, we don’t get the resources we need’
When Scotland voted to add questions about sexuality and transgender status to its census, and clarified the definition of “sex,” it was so controversial it led to a court case.
It got so heated that the director of Fair Play for Women, a gender-critical organization, argued: “Extreme gender ideology is deeply embedded within the Scottish Government, and promoted at the highest levels including the First Minister.”
Data, like the census, “is often presented as being objective, being quantitative, being something that’s above politics,” says Kevin Guyan, author of “Queer Data.”
Listening to the deliberations in parliament breaks that illusion entirely. “There’s a lot of political power at play here,” says Guyan, “It’s very much shaped by who’s in the room making these decisions.”
Great Britain has been a ‘hotspot’ for the gender-critical movement. “You just really revealed the politics of what was happening at the time, particularly in association with an expanded anti-trans movement,” explains Guyan.
Ultimately, the LGBTQ community was counted in Scotland, which was heralded as a historic win.
This makes sense, says Amelia Dogan, a research affiliate in the Data plus Feminism Lab at MIT. “People want to prove that we exist.”
Plus, there are practical reasons. “To convince people with power, especially resource allocation power, you need to have data,” says Catherine D’Ignazio, MIT professor and co-author of the book “Data Feminism.”
When data isn’t collected, problems can be ignored. In short, D’Ignazio says, “What’s counted counts.” But, being counted is neither neutral nor a silver bullet. “Even when we do prove we exist, we don’t get the resources that we need,” says Dogan.
“There are a lot of reasons for not wanting to be counted. Counting is not always a good thing” they say. D’Ignazio points to how data has repeatedly been weaponized. “The U.S. literally used census data to intern Japanese people in the 1940s.”
Nell Gaither, president of the Trans Pride Initiative, faces that paradox each day as she gathers and shares data about incarcerated LGBTQ people in Texas.
“Data can be harmful in some ways or used in a harmful way,” she says, “they can use [the data] against us too.” She points to those using numbers of incarcerated transgender people to stoke fears around the danger of trans women, even though it’s trans women who face disproportionate risk in prison.
This is one of the many wrinkles the LGBTQ community and other minority communities face when working with or being represented by data.
There is a belief by some data scientists that limited knowledge of the subject is OK. D’Ignazio describes this as the “hubris of data science” where researchers believe they can make conclusions solely off a data set, regardless of background knowledge or previous bodies of knowledge.
“In order to be able to read the output of a data analysis process, you need background knowledge,” D’Ignazio emphasizes.
Community members, on the other hand, are often primed to interpret data about their communities. “That proximity gives us a shared vocabulary,” explains Nikki Stephens, a postdoctoral researcher in D’Ignazio’s Data plus Feminism lab.
It can also make more rich data. When Stephens was interviewing other members of the transgender community about Transgender Day of Remembrance, they realized we “think more complicated and more meaningful thoughts, because we’re in community around it.”
Community members are also primed to know what to even begin to look for.
A community may know about a widely known problem or need in their community, but they are invisible to institutions. “It’s like unknown to them because they haven’t cared to look,” says D’Ignazio.
That is how Gaither got involved in tracking data about incarcerated LGBTQ people in Texas in the first place.
Gaither received her first letter from an incarcerated person in 2013. As president of the Trans Pride Initiative, Gaither had predominately focused on housing and healthcare for trans people. The pivot to supporting the LGBTQ incarcerated community came out of need—trans prisoners were not given access to constitutionally mandated healthcare.
Gaither sought a legal organization to help, but no one stepped in—they didn’t have expertise. So, Gaither figured it out herself.
As TPI continued to support incarcerated, queer Texans, the letters kept rolling in. Gaither quickly realized her correspondences told a story: definable instances of assault, misconduct, or abuse.
With permission from those she corresponded with and help from volunteers, Gaither started tracking it. “We’re hearing from people reporting violence to us,” says Gaither, “we ought to log these.” TPI also tracks demographic information alongside instances of abuse and violence, all of which are publicly accessible.
“It started off as just a spreadsheet, and then it eventually grew over the years into a database,” says Gaither, who constructed the MySQL database for the project.
Gaither’s work especially focuses on the Prison Rape Elimination Act (PREA), which ostensibly includes specific protections for transgender people.
To be compliant with PREA, prisons must be audited once every three years. Numerous investigations have shown that these audits are often not effective. TPI has filed numerous complaints with the PREA Resource Center, demonstrating inaccuracies or bias, in addition to tracking thousands of PREA-related incidents.
“We are trying to use our data to show the audits are ineffective,” says Gaither.
Gaither has been thinking about data since she was a teenager. She describes using a computer for the first time in the 1970s and being bored with everything except for dBASE, one of the first database management systems.
“Ever since then, I’ve been fascinated with how you can use data and databases to understand what your work with data,” Gaither says. She went on to get a master’s in Library and Information Sciences and built Resource Center Dallas’s client database for transgender health.
But gathering, let alone analyzing, and disseminating data about queer people imprisoned in Texas has proven a challenge.
Some participants fear retaliation for sharing their experiences, while others face health problems that make pinpointing exact dates or times of assaults difficult.
And, despite being cited by The National PREA Resource Center and Human Rights Clinic at the University of Texas School of Law, Gaither still faces those who think her data “doesn’t seem to have as much legitimacy.”
Stephens lauds Gaither’s data collection methods. “TPI collect their data totally consensually. They write to them first and then turn that data into data legible to the state and in the service of community care.”
This is a stark contrast to the current status quo of data collection, says Dogan, “people, and all of our data, regardless of who you are, is getting scraped.” Data scraping refers to when information is imported from websites – like personal social media pages – and used as data.
AI has accelerated this, says D’Ignazio, “it’s like a massive vacuum cleaning of data across the entire internet. It’s this whole new level and scale of non-consensual technology.”
Gaither’s method of building relationships and direct correspondence is a far cry from data scraping. Volunteers read, respond to, and input information from every letter.
Gaither has become close to some of the people with whom she’s corresponded. Referring to a letter she received in 2013, Gaither says: “I still write to her. We’ve known each other for a long time. I consider her to be my friend.”
Her data is queer not simply in its content, but in how she chooses to keep the queer community centered in the process. “I feel very close to her so that makes the data more meaningful. It has a human component behind it,” says Gaither.
Guyan says that data can be seen as a “currency” since it has power. But he emphasizes that “people’s lives are messy, they’re complicated, they’re nuanced, they’re caveated, and a data exercise that relies on only ones and zeros can’t necessarily capture the full complexity and diversity of these lives.”
While Gaither tallies and sorts the incidents of violence, so it is legible as this “currency,” she also grapples with the nuance of the situations behind the scenes. “It’s my family that I’m working with. I think it makes it more significant from a personal level,” says Gaither.
Guyan explains that queer data is not just about the content, but the methods. “You can adopt a queer lens in terms of thinking critically about the method you use when collecting, analyzing, and presenting all types of data.”
(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)
National
New twice-a-year HIV prevention drug found highly effective
Gilead announces 99.9% of participants in trial were HIV negative
The U.S. pharmaceutical company Gilead Sciences announced on Sept. 12 the findings of its most recent Phase 3 clinical trial for its twice-yearly injectable HIV prevention drug Lenacapavir show the drug is highly effective in preventing HIV infections, even more so than the current HIV prevention or PrEP drugs in the form of a pill taken once a day.
There were just two cases of someone testing HIV positive among 2,180 participants in the drug study for the twice-yearly Lenacapavir, amounting to a 99.9 percent rate of effectiveness, the Gilead announcement says.
The announcement says the trial reached out to individuals considered at risk for HIV, including “cisgender men, transgender men, transgender women, and gender non-binary individuals in Argentina, Brazil, Mexico, Peru, South Africa, Thailand and the United States who have sex with partners assigned male at birth.”
“With such remarkable outcomes across two Phase 3 studies, Lenacapavir has demonstrated the potential to transform the prevention of HIV and help to end the epidemic,” Daniel O’Day, chair and CEO of Gilead Sciences said in the announcement.
“Now that we have a comprehensive dataset across multiple study populations, Gilead will work urgently with regulatory, government, public health, and community partners to ensure that, if approved, we can deliver twice-yearly Lenacapavir for PrEP worldwide for all those who want or need it,” he said.
Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, called Lenacapavir a “miracle drug” based on the latest studies, saying the optimistic findings pave the way for the potential approval of the drug by the U.S. Food and Drug Administration in 2025.
“The goal now must be to ensure that people who have a reason to be on PrEP are able to access this miracle drug,” Schmid said in a Sept. 12 press release. “Thanks to the ACA [U.S. Affordable Care Act], insurers must cover PrEP without cost sharing as a preventive service,” he said.
“Insurers should not be given the choice to cover just daily oral PrEP, particularly given these remarkable results,” Schmid said in the release. “The Biden-Harris administration should immediately make that clear. To date, they have yet to do that for the first long-acting PrEP drug that new plans must cover,” he said.
Schmid, through the HIV+ Hepatitis Policy Institute, has helped to put together a coalition of national and local HIV/AIDS organizations advocating for full coverage of HIV treatment and prevention medication by health insurance companies.
A statement by Gilead says that if approved by regulatory agencies, “Lenacapavir for PrEP would be the first and only twice-yearly HIV prevention choice for people who need or want PrEP. The approval could transform the HIV prevention landscape for multiple populations in regions around the world and help end the epidemic.”
Delaware
Sarah McBride wins Democratic primary in Del., poised to make history
State lawmaker likely to become first transgender person elected to Congress
Delaware state Sen. Sarah McBride is poised to become the first openly transgender person elected to Congress after she won her primary on Tuesday.
McBride defeated Earl Cooper by a 79.9-16.2 percent margin in the Democratic primary for the state’s congressional seat. McBride will face Republican John Whalen in November.
The LGBTQ+ Victory Fund in a press release notes McBride is “favored to win in the heavily Democratic state.”
“Voters across the country are sick and tired of the divisive politics of the past — that’s why we’re seeing an increase in diverse, young candidates like Sarah McBride clearing their primaries,” said Victory Fund President Annise Parker. “Nobody is more qualified than Sarah to represent the values of Delaware in Congress. I look forward to celebrating Sarah’s election victory in November and seeing her get to work for her constituents in Washington.”
McBride is poised to succeed U.S. Rep. Lisa Blunt Rochester (D-Del.), who is running for retiring U.S. Sen. Thomas Carper (D-Del.)’s seat.
“Of course, there’s going to be discussion about the potential of this campaign to break this barrier and to increase diversity in Congress and to ensure that a voice that has been totally absent from the halls of Congress is finally there in an elected capacity,” McBride told the Washington Blade during a 2023 interview after she declared her candidacy. “While it’s not what this campaign is focused on, while it’s not what voters are focused on, it is certainly relevant to the young people who are feeling alone and scared right now.”
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