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2nd Circuit rules Title VII bars anti-gay workplace discrimination

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The U.S. Court of Appeals for the Second Circuit has issued a ruling against anti-gay workplace discrimination. (Photo by Ken Lund; courtesy Flickr)

In a major ruling affirming protections for lesbian, gay and bisexual workers, a federal appeals court in New York City ruled Monday employment discrimination based on sexual orientation is unlawful under Title VII of the Civil Rights Act of 1964.

In a 69-page “en banc” decision from the full court, the Second Circuit finds Donald Zarda, a now deceased skydiver who alleges he was fired from Altitude Express for being gay, can sue under existing civil rights law because sexual orientation discrimination is a form of sex discrimination.

Writing for the court in the 10-3 decision, U.S. Chief Circuit Judge Robert Katzmann, a Clinton appointee, concludes Zarda’s estate is “entitled to bring a Title VII claim for discrimination based on sexual orientation.”

“Zarda has alleged that, by ‘honestly referr[ing] to his sexual orientation,’ he failed to ‘conform to the straight male macho stereotype,'” Katzmann writes. “For this reason, he has alleged a claim of discrimination of the kind we now hold cognizable under Title VII.”

The decision vacates a trial court ruling against Zarda’s claims based on sexual orientation discrimination under Title VII, remanding the case to the court for reconsideration. The “en banc” ruling also overturns Second Circuit precedent against protections for gay workers in the jurisdiction — the 2000 decision in Simonton v. Runyon and the 2005 decision in Dawson v. Bumble & Bumble.

In the past year alone, that precedent formed the basis for two rulings from three-judge panels on the Second Circuit against the idea that sexual orientation discrimination is sex discrimination (although in one case, the court ruled in favor of the gay plaintiff anyway based on sex-stereotyping claims). The latest “en banc” ruling means lesbian, gay and bisexual plaintiffs will now unequivocally be able seek relief in the Second Circuit if they face anti-gay workplace discrimination.

The ruling is also a blow to the Trump administration, which sent Deputy Assistant Attorney General Hashim Mooppan to the court for oral arguments in September to argue employers should be able to fire workers for being gay despite Title VII.

Greg Nevins, an attorney and employment fairness project director for Lambda Legal, argued on behalf of Zarda before the Second Circuit and said the court’s decision is “huge” in the effort to prohibit anti-gay workplace discrimination nationwide.

“It really changes the dynamics about how people talk about who’s winning this argument,” Nevins said. “Nobody can call Hively an outlier. We now have an overwhelming victory in two circuits — out of Chicago, and out of New York now — and both of them were lopsided.”

In the reasoning for the decision, Katzmann finds three separate ways in which sexual orientation discrimination is a subset of sex discrimination.

First, Katzmann finds sexual orientation “is defined by one’s sex in relation to the sex of those to whom one is attracted,” which makes it impossible to discriminate on the basis of sexual orientation without taking sex into account.

“In the context of sexual orientation, a woman who is subject to an adverse employment action because she is attracted to women would have been treated differently if she had been a man who was attracted to women,” Katzmann said. “We can therefore conclude that sexual orientation is a function of sex and, by extension, sexual orientation discrimination is a subset of sex discrimination.”

This interpretation is also known as the “but for” argument that anti-gay discrimination is sex discrimination. In this case, Zarda would have been able to keep his job as a skydiver as a man but for his attraction to other men.

Secondly, Katzmann finds anti-gay bias is based on assumptions and stereotypes about gender, which the U.S. Supreme Court has made clear is an unlawful motive for employment discrimination under existing precedent.

“Viewing the relationship between sexual orientation and sex through the lens of gender stereotyping provides yet another basis for concluding that sexual orientation discrimination is a subset of sex discrimination,” Katzmann writes. “Specifically, this framework demonstrates that sexual orientation discrimination is almost invariably rooted in stereotypes about men and women.”

Finally, Katzmann finds anti-gay workplace discrimination is associational discrimination based on sex because the employer is making a judgment about with whom an employee should have a relationship.

“Consistent with the nature of sexual orientation, in most contexts where an employer discriminates based on sexual orientation, the employer’s decision is predicated on opposition to romantic association between particular sexes,” Katzmann writes. “For example, when an employer fires a gay man based on the belief that men should not be attracted to other men, the employer discriminates based on the employee’s own sex.”

Four other judges on the Second Circuit filed concurring opinions in the case that affirmed protections for gay, lesbian and bisexual workers under Title VII, but reached that conclusion differently. The judges picked and chose from the findings presented by Katzmann on sexual orientation discrimination, although none disputed of any the reasoning.

One of the justices who dissented in the decision, the Obama-appointed U.S. Circuit Judge Gerard E. Lynch, objected to the majority opinion on the basis Congress didn’t intend to cover gay people when it passed Title VII in 1964.

“I would be delighted to awake one morning and learn that Congress had just passed legislation adding sexual orientation to the list of grounds of employment discrimination prohibited under Title VII of the Civil Rights Act of 1964,” Lynch writes. “I am confident that one day — and I hope that day comes soon — I will have that pleasure. I would be equally pleased to awake to learn that Congress had secretly passed such legislation more than a half century ago — until I actually woke up and realized that I must have been still asleep and dreaming. Because we all know that Congress did no such thing.”

The court reached a conclusion in favor of Zarda despite efforts from the Justice Department to convince the court otherwise. In a strange development, one arm of the federal government, the Justice Department, had argued against gay protections, but another arm, the U.S. Equal Employment Opportunity Commission, argued in favor of them.

Devin O’Malley, a Justice Department spokesperson, said the department is committed to upholding civil rights, but argued against the gay plaintiff in this case because the administration believes existing civil rights law doesn’t apply to him.

“The Department of Justice is committed to protecting the civil and constitutional rights of all individuals, and will continue to enforce the numerous laws Congress has enacted that prohibit discrimination on the basis of sexual orientation,” O’Malley said. “We remain committed to the fundamental principle that the courts cannot expand the law beyond what Congress has provided. The position that the department advocated in this case has been its longstanding position across administrations and remains the law of nine different courts of appeals.”

Victoria Lipnic, acting chair of the EEOC, had the opposite reaction to the ruling and praised the Second Circuit for the decision.

“Today, the Second Circuit became the second federal court of appeals to hold that Title VII provides legal employment protections for individuals based on their sexual orientation,” Lipnic said. “The EEOC has advanced this legal interpretation for the past few years, and I commend the fine lawyering by the agency that contributed to today’s decision. This is a generous view of the law of employment protections, and a needed one.”

Each of the three states in the Second Circuit — Vermont, Connecticut and New York — already had state laws prohibiting workplace discrimination on the basis of sexual orientation. The ruling, however, adds an additional layer for lesbian, gay and bisexual workers because under Title VII, sex discrimination need only be a motivating factor to meet the threshold for unlawful discrimination as opposed to state law, which requires it to be the only factor.

That’s why Zarda sought to sue under Title VII; his claims of sexual orientation discrimination were deemed insufficient in state court.

Nevins identified other benefits for gay workers in the Second Circuit to sue under Title VII, but pointed out they can still obtain relief under state laws.

“It helps the lawyers and the judges because it’s familiar terrain, and the remedies can be better and the procedural requirements can be clearer and, in this case, easier to satisfy,” Nevins said.

The Second Circuit is the second federal appeals court to find anti-gay discrimination is unlawful under Title VII and contributes an emerging legal consensus that sexual orientation amounts to sex discrimination under current law. In 2015, the EEOC determined in the case of Baldwin v. Foxx it would accept and litigate cases of anti-gay discrimination under Title VII.

Last year, the U.S. Seventh Circuit Court of Appeals in the case of Hively v. Ivy Tech became the first federal appeals court to find anti-gay discrimination is illegal under Title VII. The U.S. Eleventh Circuit Court of Appeals, however, reached the opposite the conclusion and found no protections for gay workers in the case of Evans v. Georgia Regional Hospital.

Despite the circuit split, the U.S. Supreme Court refused to grant a writ of certiorari in the Evans case to iron out once and for all nationwide whether Title VII affords non-discrimination protections for lesbian, gay, bisexual workers.

Eric Lesh, executive director of the LGBT Bar Association of New York, said in a statement “momentum is headed towards justice under the law for LGBT employees” in the aftermath of the Second Circuit ruling.

“Today, the Second Circuit joined many other federal courts in recognizing that Title VII of the Civil Rights Act of 1964 extends to prohibit discrimination based on sexual orientation,” Lesh said. “The LGBT Bar of New York agrees with the full Second Circuit — which sits in our backyard. Everyone has the right to feel safe and protected at work. The U.S. Supreme Court should settle the divide among our appellate courts. LGBT employees need to know that they are protected under federal law. The time is now.”

In what may be the opposite of a silver lining to gay workers, the ruling leaves no opportunity for LGBT rights advocates to seek review from the Supreme Court in hopes of a nationwide decision. The only party that could file the petition is Altitude Express, but the company defended its termination of Zarda based on a technicality and isn’t likely to seek review.

Saul Zabell, an attorney with the Bohemia, N.Y.-based law firm Zabell & Associates, represented Attitude Express and expressed disappointment with the decision, but was non-committal about a decision for filing a petition for certiorari.

“We are extremely proud of the esteemed ‘en banc’ panel of the Second Circuit for curing this glaring legislative gap in fundamental human rights,” Zabell said. “Though we are equally as disappointed that the panel chose to ignore the facts of the underlying matter. In the course of doing so, the panel exceeded their judicial mandate to reach what appears to be a predetermined conclusion. Although we recognize the dire need for this change in the law, the manner in which it was effectuated calls into question the scope of power relative to the branches of government.”

Asked whether that meant Altitude Express would seek review before the Supreme Court, Zabell replied the company is still reviewing options.

Nothing in the Second Circuit explicitly spells out whether Title VII has impact on anti-transgender discrimination in the workforce. No precedent exists one way or the other in the jurisdiction on whether transgender workers are eligible for relief under the law.

Nevins said Katzmann took pains to restrict his ruling the issue of anti-gay discrimination, but his reasoning could just as well apply to transgender people.

“The biggest argument on the other side of this has always been Congress has been asked for these protections pretty explicitly and has not done so,” Nevins said. “To the extent that arguments bites the dust, a rising tide lifts all boats. Any victory for the principle that you interpret the law that you have, not the law you wish you had, is a good day for entire LGBTQ community.”

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Netherlands

Dutch prime minister visits Stonewall Inn

Rob Jetten is the Netherlands’ first openly gay prime minister

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Dutch Prime Minister Rob Jetten, on right, visits the Stonewall Inn in New York on Sept. 21, 2026. (Photo courtesy of Jetten's X account)

Dutch Prime Minister Rob Jetten on Monday visited the Stonewall Inn in New York.

“The Stonewall Inn is not just a gay bar in New York, but the place where in 1969 riots took place as a reaction to years of discrimination and police violence,” wrote Jetten on X. “This is seen as the starting point of the global LGBTIQ+ emancipation and activism. Nowadays, the bar is a national monument, dedicated to the LGBTIQ+ rights movement.”

“For me, it is impressive and moving to be here tonight. And also fitting, because the defense of human rights is an important part of our foreign policy,” he added. “The Netherlands stands alongside the Stonewall Inn community when it comes to everyone’s right to live openly, safely, and with pride, no matter who you are or who you love.”

Jetten in February became the Netherlands’s first openly gay prime minister.

He opened last month’s World Pride Human Rights Conference in Amsterdam. Jetten also participated in a panel with former Irish Prime Minister Leo Varadkar, former San Marino Captain Regent Paolo Rondelli, and other current and former heads of government who are gay or lesbian.

Jetten is scheduled to speak to the U.N. General Assembly on Thursday.

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For lesbian victims of domestic violence, competent care is scare

Heteronormative assumptions, funding cuts contribute to lack of resources for survivors

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(Design by Soph Holland)

Uncloseted Media published this story on Sept. 22.

By EMMA PAIDRA | Claire, a 25-year-old Los Angeles resident, distinctly remembers the night she and her ex-girlfriend broke up.

“She was strangling me in a CVS parking lot,” Claire recalls, adding how she was gasping for air as bystanders looked on. “I made eye contact with one man who just kept walking, and we were right behind a car that was trying to reverse out of a parking spot. No one got out of the car. They didn’t honk; they didn’t do anything.”

Claire, who asked to use a pseudonym due to safety concerns regarding her ex, says she managed to fight her way out of her then-girlfriend’s grasp. It was at this moment in 2024 she realized things had reached a breaking point.

While research on intimate-partner violence has traditionally focused on opposite-sex couples, two recent reports found that queer women, like Claire, are not immune to this type of abuse. An international research review published last year in the Journal of Media Critiques found “IPV rates in same-sex relationships are comparable to or exceed those in heterosexual relationships,” with up to 46 percent of lesbians encountering such abuse, compared to 36 percent of straight women. A separate review published earlier this year found that nearly 27 percent of lesbians surveyed had experienced IPV.

Despite the prevalence of IPV in lesbian relationships, heteronormative and outdated assumptions have left many queer women feeling like they have nowhere to turn for competent services and support, according to experts, advocates and victims interviewed by Uncloseted Media.

“Queer folks are joining the conversation to say, ‘This is happening in our communities, too, and we need the same resources and support services that straight women are offered,’” Tori Stranges, a professor of women’s studies at the University of British Columbia, told Uncloseted Media.

A frequently overlooked problem

Stranges says the false notion that only men are domestic abusers can result in violent same-sex relationships not being taken seriously.

“People assume that violence is perpetrated by men against women,” she says, adding that this “has left queer people out of the conversation.”

“If it was a man that was doing all these things, and people heard and saw it, I’m sure I would have been taken seriously,” says Claire. “People saw a 5-foot-7 woman who didn’t look that strong — and above all, she was a woman. Men, especially, don’t really see that as a threat. So they’re like, ‘If I’m not threatened, then I’m sure it’s not a big deal.’”

Outdated assumptions about IPV can even result in victims themselves overlooking their abuse.

“When it comes to abuse in heterosexual relationships, there are national campaigns, there are resources that you can access,” Stranges says. “There are people coming into the school systems to talk about relationship violence. We don’t have similar recognition and the same conversations about queer people.”

Claire says the violence she was subjected to was paired with moments of intense affection, which made it harder for her to recognize the abuse.

“We would get into a fight, and she would physically abuse me, and then apologize. She was actually also very gentle with me sometimes,” Claire recalls. “That kind of cycle can be really addicting. I would always wait for the good parts.”

The role of mental illness

K.P., a 47-year-old lesbian living in Maine, was with her abusive ex-girlfriend for five years before ending the relationship in 2023. During their time together, K.P. says her ex, who struggled with panic disorders, ADHD and depression, experienced a decline in her mental health, which contributed to more frequent outbursts of rage. When it comes to the link between rage and violence, one 2022 meta-analysis found that “anger was a significantly stronger correlate of IPV perpetration for women than men.”

K.P., who was working from home at the time and felt like she had no escape, says her ex’s verbal abuse spiraled into physical violence.

“I was on the couch with my laptop, trying to work, and she was just being belligerent,” recalls K.P., who asked to be identified by only her initials because of safety concerns. “I tuned her out, but when she realized I wasn’t giving her the attention that she expected, she went to the kitchen, grabbed two knives and started coming at me.”

K.P. ran outside, trying to get away. Her ex ran after her and then chased her back inside to avoid being seen by neighbors.

Once inside, her partner hid her phone. K.P. used this brief window to message a co-worker on her laptop, asking him to call the police.

“I was confused and afraid,” K.P. told Uncloseted Media. “I’d never been chased with a knife before, let alone by someone who I cared about.”

Research shows LGBTQ people have higher rates of mental health conditions than their non-LGBTQ+ peers. A study published last year in JAMA Network Open found sexual and gender minorities had “significantly higher odds of at least four of 10 commonly diagnosed mental health conditions,” including post-traumatic stress disorder and bipolar disorder.

IPV may also contribute to negative mental health effects, with research finding that victims experience an increase in depression, anxiety and PTSD and a reduction in life satisfaction.

“After we broke up, I was messed up,” K.P. says. “It took me a good six or eight months to feel like I could breathe again.”

Trapped in a ‘double closet’

In addition to mental health, the stigma of being queer may affect a victim’s response to being in an abusive relationship. When Claire first came out to her family, she says they kicked her out of their home until she returned to the proverbial closet. They eventually accepted her sexuality, but Claire says the residual shame she carried afterwards led her to avoid the added stigma she feared she’d experience if she admitted to being in an abusive relationship.

“All of that combined made me feel so trapped. I just thought, ‘Oh my god, I’m being judged from every single angle,’” she says. “There was just nowhere to go.”

Letícia Yuki de Araujo Furukawa, a clinical psychologist specializing in supporting survivors of IPV, says this kind of thinking is not uncommon among queer women in abusive relationships.

“Sometimes lesbian women who are experiencing IPV relationships start to isolate themselves, to prevent themselves from the shame and judgment they think they are going to suffer,” she says.

Furukawa says this impulse is rooted in the layers of stigma queer women face.

“It comes down to two things that make it like a double closet: We have the closet of being a lesbian, and you have the other one that comes from being in a violent relationship.”

According to Furukawa, having a supportive family can decrease the risk of entering an abusive relationship. Unfortunately, strained familial relationships are common among queer people: A 2022 study in the Journal of Marriage and Family found that 32 percent of gay and lesbian adult children — compared to 22 percent of their heterosexual counterparts — were estranged from their fathers.

Because of the shame Claire faced from her family when she came out, she was reluctant to admit there was a problem in her relationship when her mother and sister expressed concern. She worried that if her family knew her lesbian relationship was abusive, they would stop accepting her queer identity.

“My mom and sister would say to me during the relationship that they thought my ex looked evil, and that I changed so much. I used to be such a bubbly girl, and my personality made a complete 180,” she remembers. “In my head, I was like, ‘I can’t admit that it’s true.’”

‘Gaps in, policy, care, and services’

When queer women have the courage to report IPV, some don’t receive the response they’re hoping for. When police arrived at K.P.’s home following the knife-wielding incident, she says they opened a case file and wrote an incident report but said there was nothing else they could do because her ex had fled the scene.

“It was a little frustrating that since my ex-girlfriend drove away, the police couldn’t do anything,” K.P. explains.

Laura Elizabeth, an assistant professor of criminal justice at Virginia Union University who researches IPV, says there may have been additional steps police could have taken to support K.P., including connecting her with resources for domestic-violence survivors.

“It is vital that [police] make the proper referrals, and that it not just be limited to handing the victim a brochure,” she says. “There needs to be an active discussion with victims about what their options are in terms of who they can reach out to, who can offer what services.”

Kimberley Jackson, an associate professor at the Arthur Labatt Family School of Nursing at Western University, says lack of research on same-sex domestic violence also impacts the support services available to lesbian victims.

“The intersection of IPV and the LGBTQ community is really not well understood,” Jackson told Uncloseted Media. “What we can tell you based on really limited evidence, is that there are huge gaps in policy, care and services. And with respect to shelters, we haven’t really moved the needle very far.”

One area in which shelters may be failing lesbian victims has to do with both the perpetrator and the victim being able to access the same shelter.

“This issue is further compounded in rural areas, where there’s likely only one shelter,” Jackson says. “There’s a chance they won’t be able to turn someone away, even if they’re the perpetrator.”

Jackson says queer victims of domestic violence who aren’t open about their sexuality may face additional obstacles.

“With respect to anonymity, in a lot of rural places, you’re going to know people in the community,” she says. “There are issues with accessing help if you’re worried about outing yourself.”

Calls for change

Experts and victims say LGBTQ+ training for shelter workers and law enforcement, as well as funding for research, could help prevent same-sex IPV and address the damage done by such abuse.

But under the Trump-Vance administration, these funding resources are slipping away. In March of last year, the administration canceled at least 68 grants, totaling nearly $40 million, that were focused on LGBTQ+ health. A second round of cuts followed two months later, during which $800 million worth of grants dedicated to researching LGBTQ+ health were terminated.

Rebecca Hobbs, co-executive director of Through These Doors, a domestic violence resource and advocacy center in Portland, Maine, says LGBTQ+ training materials are essential to ensuring shelters can support lesbian victims.

“LGBTQ people will not come to us unless they see themselves reflected in our materials,” Hobbs says. “We want our advocates to be well versed in understanding the additional barriers and challenges that LGBTQ people might experience.”

Advocates say police departments could also benefit from LGBTQ+-awareness training.

The state of California and a number of large cities — including Atlanta, Chicago, Los Angeles, Houston, New Orleans, New York, Philadelphia, and D.C. — have implemented some form of LGBTQ+-sensitivity training.

But Greg Miraglia, founder and CEO of Out to Protect, a national organization supporting LGBTQ+ police officers and equipping all officers to serve queer people, says these programs are the exception, not the rule.

“Most other states do not require any type of LGBT awareness training,” Miraglia, a retired police officer who is based in California., told Uncloseted Media “There are over 18,000 law enforcement agencies out there, and I don’t think we’ve scratched the surface.”

“The problem comes about when law enforcement goes into a domestic violence incident with a same-sex couple without any training, carrying a lot of stereotypes that are common,” Miraglia adds. “They’re not picking up the fact that this is a couple that’s involved in an intimate relationship, and therefore domestic violence laws in that state apply.”

Claire says she wishes someone had intervened when her ex abused in the CVS parking lot and on her college campus. “The police had the biggest missed opportunity to intervene, as well as campus security,” she says. “A lot of our fights were in public, and she would get very loud. I made a promise to myself that if I ever saw anything like that in public, I would say something, because that’s all I needed at the time.”

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Long-time DignityUSA executive director announces retirement

Marianne Duddy-Burke has been with LGBTQ+ Catholic group for decades

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DignityUSA Executive Director Marianne Duddy-Burke, right, greets Pope Francis in 2023. Duddy-Burke has announced she will retire from the LGBTQ Catholic group once her successor is named. (Photo courtesy of Marianne Duddy-Burke)

The executive director of the world’s oldest LGBTQ+ Catholic organization has announced she will retire once her successor has been chosen.

Marianne Duddy-Burke has been with DignityUSA for more than four decades. She has been the group’s executive director since 2007.

DignityUSA announced Duddy-Burke’s retirement on Sept. 17.

Duddy-Burke during her tenure has urged the Vatican to do more to welcome LGBTQ+ Catholics. She has also, among other things, championed marriage equality and advised the State Department on LGBTQ+-specific issues. (The Trump-Vance administration’s decision to freeze nearly all U.S. foreign aid shortly after it took office in January 2025 has had a devastating impact on the global LGBTQ+ and intersex rights movement and efforts to fight HIV/AIDS around the world. A report that Outright International released earlier this month notes 90 percent of LGBTQ+ and intersex rights groups around the world have lost funding since 2025.)

Duddy-Burke met with Pope Francis in 2023.

She traveled to Rome in 2025 for the papal conclave to choose the Argentine-born pope’s successor. Pope Leo XIV, who was born in Chicago, succeeded Francis.

DignityUSA in the press release that announced Duddy-Burke’s retirement notes she expressed “particular appreciation to people who spoke honestly about the reality of being a queer Catholic or family member.”

“I have been inspired every day by your stories and have done my best to lift them up,” said Duddy-Burke. “It is your lives, your faith, your struggles, your hopes that I have strived to reflect in my work, and doing this has been a great honor.”

DignityUSA President Meli Barber praised Duddy-Burke.

“It is almost impossible to sum up the scope and depth of Marianne’s achievements and contributions to DignityUSA over her more than four decades of service,” said Barber. “Under her wisdom and leadership, DignityUSA has only grown in stature as an advocate for LGBTQIA+ Catholics and as a visionary thought leader for LGBTQIA+ ministry and spirituality.

“Marianne has been more than an extremely able executive director,” added Barber. “Her care for and ministry to chapters, her deep personal relationships with countless Dignity members, her connections to LGBTQIA+ Catholics around the world, the relationships she has built with other progressive Catholic organizations, her skill as a public representative, the respect with which she is universally regarded, and her tireless devotion to service all leave an indelible mark. It is not an exaggeration to say that she has shaped not only Dignity but a generation of LGBTQIA+ Catholics.”

Barber said DignityUSA will “soon begin a search for a new executive director.” Barber added Duddy-Burke “will assist with the transition.”

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Congress

Jeremy Moss looks to bring LGBTQ+ advocacy from Lansing to Capitol Hill

Congressional candidate would represent Detroit suburbs if elected

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Michigan state Sen. Jeremy Moss (Photo courtesy of the Michigan Senate Democrats)

With fall comes swapping out T-shirts for sweaters, raking leaves and, of course, elections. The summer’s primaries have narrowed the playing field in a slew of races, but the big ones — the actual races for seats in federal and local elections — are still to come.

Jeremy Moss is one of those people running for a congressional seat in Michigan. Despite his young age, Moss has quickly learned the ropes of politics in the state, already serving terms in the Great Lakes State’s House of Representatives and Senate.

Moss sat down with the Los Angeles Blade to discuss his history in Michigan politics, his experience as an openly LGBTQ+ legislator and his vision for a better America as he looks toward Congress.

He currently represents Michigan’s 7th Senate District, but now he is setting his sights beyond Lansing toward Capitol Hill to represent Michigan’s 11th Congressional District, which includes Detroit’s northern suburbs.

Moss earned his bachelor’s degree in journalism from Michigan State University, where just a few years later he made history as the first openly gay person elected to the Michigan Senate and the first to serve as its president pro tempore.

His political experience stretches across multiple offices.

Moss worked in the offices of Southfield Mayor Brenda Lawrence, who also served in the U.S. House of Representatives, and State Rep. Paul Condino.

Moss, at age 25, was elected to the Southfield City Council in 2011, becoming the youngest member elected in the body’s history. He then switched over to the state legislature, representing Michigan’s 35th House of Representatives District in the Michigan House of Representatives from 2014-2018, becoming the second openly gay member elected to the Michigan legislature.

He then moved from Michigan’s House to its Senate in 2018, elected to represent the 11th Michigan Senate District and becoming the Assistant Democratic Leader. Moss started his second term in the Michigan Senate in 2023, this time representing District 7.

He currently has a long list of priorities listed on his campaign website, many of which have become standard for Democrats running across the country, with a particular focus on minimizing — and cleaning up — issues that the Republican-controlled federal government has created under President Donald Trump.

Those goals include lowering healthcare costs, tackling the cost of living crisis, holding U.S. Immigration and Customs Enforcement accountable and fixing the broken immigration system, restoring national voting rights, protecting rights — with a particular focus on abortion access and LGBTQ+ rights — combating corruption in politics, preventing gun violence and strengthening gun safety, empowering Michigan workers, and preserving the environment.

Why Moss is running for Congress

When asked why he wants to run for Congress, Moss pointed to his lengthy resume in state leadership, with a clear voice arguing that if he can do it in Lansing, he can get it done in Washington.

“I’ve served 12 years in the legislature and have ascended into leadership as president pro tem of the Senate,” Moss explained to the Blade. “We flipped our state legislative chamber to a Democratic majority for the first time in 40 years in 2022, and we passed some big, generational-changing, consequential Democratic wins that had languished for a generation, but had improved people’s lives in our state.

“We’ve passed the first gun safety laws in a generation that are saving lives. We protected the right to vote amidst attacks from Donald Trump and other conspiracies. We pushed forward and finally put LGBTQ rights in our state civil rights law. We provided free school meals and lunches for all public school children in the state of Michigan.

“The problems from Washington, D.C., aren’t getting less severe over time,” he continued. “They’re getting more severe. So this district unexpectedly opened up due to a series of retirements and it was just a great opportunity for me to continue to advocate for big change that we’ve already achieved here in the state legislature.”

“I’m a product of this district. I grew up here. I’ve represented a bulk of the district already in the state legislature, and I knew that I was going to earn grassroots support to be able to wage this campaign. We sought it out, we earned it, including some premier endorsements from Gov. (Gretchen) Whitmer, among many others, and were highly successful in the primary because we were in tune to the needs of this district.”

Moss has been endorsed by a slew of Democratic leaders and organizations, including, as he pointed out, by Whitmer.

Other endorsements include former Gov. Jim Blanchard, Secretary of State Jocelyn Benson, Attorney General Dana Nessel, the Equality PAC, the Human Rights Campaign, the Unity Fund, and the LGBTQ+ Victory Fund.

His political identity and the Democratic Party

Moss described himself as being “on the liberal end of the spectrum,” but argued that the Democratic Party’s internal divisions should not be the central focus.

“I’m certainly on the liberal end of the spectrum, but I don’t even think it necessarily has to be this progressive versus establishment fight that we’ve seen play out,” Moss said when asked about various elements of in-party disagreements. “It has to be between action and, and inaction, fighters versus folders.”

He said that distinction between action and inaction is central to how he would approach Washington.

“At this moment, I think we need to demonstrate that we are ready to take on Donald Trump and MAGA chaos with boldness and effectiveness. I’ve been saying all along our campaign trail, we can no longer be the party that shows up to the knife fight carrying a pie chart, and so I think we have to be showing that we have spine and we have punch, and we’re really ready to be tough fighters for, for Michiganders and the American people.”

“We can’t walk on eggshells anymore. We can’t pull our punches,” he added. “We can’t fear that we’re offending someone, you know, one way or another with how we act. People are expecting a bold party to take on MAGA, and I think that’s exactly what the Democratic Party needs.”

Becoming an LGBTQ+ legislator

Moss also reminisced with the Blade about his first run for elected office — at a time when Michigan had no openly LGBTQ+ members serving in the state legislature — and how that experience became deeply connected to his identity and his approach to LGBTQ+ politics.

In 2014, Michigan was in the pre-marriage equality era, and the state had no openly LGBTQ+ members serving in the legislature.

“12 years ago in 2014 — this was pre-marriage, the pre-marriage equality era — we had zero people from our community serving in the legislature, and still they were talking about us.

“The big topic then in Michigan was whether or not to expand our civil rights law to include LGBTQ protections, so that people from our community would no longer face discrimination in housing and employment. And they were talking about us regardless of whether or not we were at the table.”

Moss eventually helped lead the effort to expand Michigan’s civil rights protections to include LGBTQ+ people, a measure that passed with bipartisan support.

He said his experience as an openly gay lawmaker allowed him to make the case for LGBTQ+ protections in terms that extended beyond LGBTQ+ issues.

“One thing I definitely aligned with Gov. Whitmer at the time was making the case that discrimination was not only morally wrong, but it was bad for business,” he said. “By not having these protections for our LGBTQ neighbors and family members and friends and community members, we were actually holding back our economy. We were essentially allowing people to be kicked out of Michigan as consumers and workers, because of who they are and how they identified.”

That led to various efforts — including committee hearings and meetings with advocates, businesses and the public — that helped make Michigan what the Movement Advancement Project deems the 16th most LGBTQ+-friendly state, solidly above other states due to its robust LGBTQ+-related legislation.

“I wanted to meet everybody where they were, including those who may have not been involved with or engaged with the LGBTQ community as legislators, but understood that we couldn’t sustain the economic impact of discriminating against our community,” Moss said. “And as I’ve said all along, discrimination is bad for business. That’s something I think helped broaden the vote and earn some bipartisan support for it.”

Representation and LGBTQ+ youth

For Moss, the importance of LGBTQ+ representation also comes from his own experience growing up.

“I think about when I was younger, when I was 18 years old. It was in 2004, and, you know, there are certain things that really shaped me in that time … Michigan had a ballot proposal that passed to have the strictest language banning marriage equality in our state constitution. We didn’t even allow civil unions in that language in our constitution to exist, and there were scandal-plagued LGBTQ politicians.”

“It was the same year that Jim McGreevey was forced to resign as he came out,” he said. “So it really was a signal to me that, you know, you don’t have a future. Not just you don’t have a future in politics; you might not even have a future. Period, and it was pretty defining for me.”

Despite those fears, Moss continued to pursue public office.

“And you can’t be what you can’t see, and so to be able to break the barriers at the state level and at this congressional level, I think is a signal to anybody who is struggling with wondering where their place is?”

“I think that visibility is incredibly important, and it’s something that I needed when I was much younger, and it’s something that I’ve been honored to be able to provide for the, for the next generation of emerging leaders.”

His LGBTQ+ priorities in Congress

When asked what LGBTQ+ issues he would prioritize in Congress, Moss emphasized the importance of growing the number of LGBTQ+ lawmakers while also expanding federal nondiscrimination protections.

“To have a caucus in the legislature has made all the difference because you can, you know, run these issues across the field. You can have somebody take on marriage. You can have somebody take on trans rights. You can have somebody take on LGBTQ youth. You can have somebody take on discrimination protections.”

He sees much of the work he wants to get done on Capitol Hill as a direct follow-up to his work in Lansing — most importantly, the passage of the Equality Act. The legislation has been debated in some form for more than 50 years at the federal level, with the goal of protecting LGBTQ+ people from discrimination under federal law.

“I think the Equality Act is incredibly important. That’s kind of the, the counterpart to what we’ve done in the state legislature, ensuring discrimination protections for the LGBTQ community,” he said.

“I think housing and, and workplace discrimination is, is everything, you know, to protect our community so that they can have a safe place to call home and earn a living … That’s incredibly important across the board. And I would really want to take a leading role in telling the story of how we were able to do it in Michigan after 50 years since this act was first written — and finally finished the job federally to ensure their federal protections in, in, in, in employment and housing.”

LGBTQ+ political organizations and Congress

Moss said the LGBTQ+ political organizations that have supported his political career from its early stages have helped him along the way.

“Obviously, I’ve been affiliated with Victory Fund since I first ran for office, and they were early endorsers, but Equality PAC, which is the political arm of the LGBTQ caucus in Congress, has been an incredible part of my support system. From day one they helped me out.

“I’ve been getting to know a lot of the members of Congress who are LGBTQ, really over the last year of this campaign. So I’m eager to join them. I’m eager to be one of the players on the field here to be able to advocate and advance our issues.”

Voting rights

Voting rights are another major focus for Moss, an issue he said dates back to his experience during the 2004 campaign over marriage equality.

“Something I’m very passionate about is voting rights, and it really does go back to that 2004 campaign where it was very evident that elections can determine your future.

“Elections can determine what rights you do have and don’t have, and so I’ve been very laser focused on increasing access to the ballot box, making sure our democracy remains whole and accessible.”

He explained how Trump’s recent attacks on voting legitimacy and mail-in voting have only made his desire to help that much stronger.

“We went through a real trial of that in 2020 with, with Michigan’s presidential election, with Donald Trump and Rudy Giuliani — as he jetted into Michigan and tried to overturn our valid and accurate election results. We were kind of the spotlight of the nation in that stop this deal movement that led to Jan. 6.”

That, according to Moss, spurred direct action on his end.

“I took the helm as chair of the Senate Elections Committee, and we wrote the law to implement pieces of that ballot proposal, including drafting the law that implemented nine days of early voting here in Michigan, increased access to absentee ballot. We further secured our canvassing and certifications so that nobody could jet in with an alternative slate of electors and send them to Congress on Jan. 6.”

“So I’ve been on the front lines in Michigan on defending our election systems and strengthening protections for both voters to access the ballot box and protections against those who want to overturn our election results.”

Those issues are still present today, he explained.

“He’s pushing for suppressive tactics like the Save Act. The Supreme Court has eroded the federal Voting Rights Act,” Moss said. “I want to really get into Congress as an election expert, we have a Michigan story to tell. I wrote a lot of that story, and, and I think the most urgent thing that we could pass is the John Lewis Voting Rights Act to make sure that there’s no pocket of discrimination anywhere in our country, and that people have the ability to exercise their constitutionally guaranteed right to vote.”

What he would do differently in Washington

Moss also shared that he believes Democrats should communicate differently in Washington, with an emphasis on getting things done.

“Yeah, again, we’ve, we’ve seen politics evolve in this Trump era, and I think that Democrats need to communicate differently.

“He talks so brazenly, and how proud he is that he’s renamed the Gulf of Mexico or Lake Ontario. I put that in the stupid category.

“He’s also done things in the harmful category that he boasts about, like cutting Medicaid and cutting SNAP. And of course, he’s doing things in the dangerous category, but proud of it, like trying to overturn our elections or suppressing the vote.

“What we’re doing is both popular and good for people, whether it’s growing our economy from the middle class outward, whether it’s lowering costs, whether it’s making healthcare more affordable, whether it’s strengthening the core functions of our democracy, we have to be talking about it with the same gusto and confidence that MAGA talks about their agenda.

“I think this is a party that needs more spine and more punch, and really meet this moment because I think that’s what people are looking for, and that’s really what I think a new generation will bring into this next Congress.”

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Advocate, Out parent company adds Trump supporter to board, prompting outrage

Online backlash against EqualPride grows

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Jay Katari (Photo via Instagram)

(UPDATE: Since this story was posted, EqualPride announced that Jay Katari has resigned from the board as of Tuesday afternoon. “I have decided to step down from the Board of Directors of equalpride,” Katari said in a statement shared by EqualPride CEO Mark Berryhill. “My intention was simply to volunteer my time and experience to support the incredible team and the important work they do for the LGBTQ+ community.”)

EqualPride, a prominent LGBTQ+ media company that owns the Advocate and Out magazines, has added a Trump supporter to its board of directors.

Jay Katari, an entrepreneur and investor who now serves as EqualPride’s “Strategic Advisor, Growth & Innovation,” also sits on its official leadership team.

EqualPride’s website describes his role as “focused on helping the company expand its reach, strengthen its commercial partnerships, and develop new sources of recurring revenue.”

This change in leadership has caused an outcry of concern from LGBTQ+ media consumers, people working at the outlets published under EqualPride, and LGBTQ+ advocates who seem unsure of how a Trump supporter will fare on the board of one of the most important LGBTQ+ media organizations in the country.

The story was first reported by Kevin Ortega-Rojas, a freelance writer and podcaster who specializes in covering social issues. His resume includes a number of connections to the world of LGBTQ+ media — particularly under EqualPride — including being a former rapid response reporter for GLAAD and host of “The Advocate Weekly,” a queer news podcast produced by The Advocate magazine.

Earlier this year, EqualPride laid off staff across its existing publications, including senior editors and writers. That move, followed by the addition of a Trump supporter to its board, has created concern among LGBTQ+ consumers.

According to his Instagram, Katari is married to a woman and still has posts showing him wearing Trump MAGA-branded merchandise. He also follows members of the Trump family, including President Donald Trump, his sons Donald Trump Jr. and Eric Trump, Lara Trump, and his daughter Ivanka Trump. He also follows an account with the username donaldtrump.hq titled “Donald Trump Fans.”

This apparent endorsement of Trump and MAGA politics, which includes restricting the rights of transgender people as well as rolling back protections for LGBTQ+ people more broadly, seems to be in direct conflict with EqualPride’s mission statement.

“Our mission is to provide content of inspiration, hope, community, equality and love through our platforms that reach a vast majority of the American LGBTQ+ audience every month and increasingly women and people of color,” a statement on EqualPride’s website from 2023 said. “We are a diverse community of storytellers, innovators, and influencers who believe in giving a voice to all people!”

The Los Angeles Blade reached out to Christopher Wiggins, the politics and news editor at EqualPride, but was directed to the already publicly available joint statement made by editors of the largest publications represented by EqualPride.

In the Instagram post, the editorial teams of The Advocate, Out, Them, PRIDE.com, Out Traveler and Plus all co-signed the statement, assuring readers that Katari being on the board has not — so far — impacted any of their reporting and implying EqualPride needs to expand on what Katari’s role will be for the organization.


“Our editors became aware of concerning reports this morning that Jay Katari — one of the board members of our parent company, equalpride — may have espoused beliefs that are antithetical to the mission of our brands, per a new article from journalist Kevin Ortega-Rojas.

“The editorial teams only recently learned of Katari’s expanding role and had no information about his background or past political statements prior to this week.

“Please know that Katari’s position has not influenced our reporting.

“In an initial meeting today, we urged management to provide further clarification about Katarı and hıs role at equalpride, and are awaiting information.

As queer and trans journalists, we are committed to independent reporting that serves the LGBTQ+ community — and to getting answers on this critical matter.”

Nearly 200 comments were made online under a joint post made by multiple EqualPride publication accounts, including Them, The Advocate, and Out.

Gisselle Palomera, a Future of Queer Media fellow for The Advocate and former local news reporter at the Blade, commented under the post, questioning how much leadership actually knew about Katari.

“No one did any research on him prior to this moment? How did his political stance get past dozens of editors and reporters? I don’t buy it,” they said in the now most liked Instagram comment under the announcement, with 283 likes.

Another Instagram user, Aaron Frank Duncanson, who goes by the username aaronfrankpdx, pointed out how the situation looks and expressed fears for the future if Katari stays on the board.

“If this man stays in that position, it threatens the integrity of the reporting of all your publications,” Duncanson wrote. “As journalists, it’s your responsibility to ensure that integrity.”

The Blade reached out to Katari, and to Tony Morrison of Morrison Media Group— who is working with EqualPride, according to Wiggins— but did not hear back in time for publication.

EqualPride CEO Mark Berryhill issued a statement after Katari resigned.

“I want to clarify Jay Katari’s involvement with equalpride, which was limited to business growth, revenues and the company’s long-term sustainability,” said Berryhill. “Under our investment agreements, our lead investor group held the right to appoint two board members without separate votes or approval by the CEO or management. Jay joined the board through that process. Going forward, the investor group has provided me with the right to appoint future board members.”

Berryhill then noted Katari’s decision to resign and referred to his statement.

“Our focus now is on strengthening our brands, and continuing to support the stories of our LGBTQ community,” added Berryhill.

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Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090

Eligibility for same-sex partner survivors remains unclear

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The September 11th Victim Compensation Fund has awarded more than $18 billion to 77,000 9/11 victims and their families since 2011. (Photo by Anthony Correia/Bigstock)

As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011. 

Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed. 

Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.

“Twenty-five years since that day, the September 11th Victim Compensation Fund has  served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.

In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”

LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.

Nicole Nava, a VCF spokesperson, told the Washington Blade she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.

She said under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.

“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.

The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court  and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment. 

A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.  

In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.

“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.

She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.

“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”

The VCF website, wh

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Ind. prosecutor declines to press charges over false Buttigieg child welfare complaint

Former Biden-Harris Cabinet member declined to comment on decision

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Pete Buttigieg (Washington Blade photo by Michael Key)

An Indiana prosecutor has declined to file criminal charges against a woman who made a false child welfare complaint against Pete Buttigieg.

Buttigieg, the former transportation secretary in the Biden-Harris administration, was accused in June of posing a threat to his children via an anonymous call to police that resulted in him being temporarily separated from his four-year-old twins.

Marshall County Prosecuting Attorney E. Nelson Chipman Jr. opted not to pursue charges against the Alabama woman who filed the false child welfare claim against the Democratic political figure while she was in Marshall County.

According to ABC 57, the television station in South Bend that published a letter from Michigan State Police to Indiana State Police, the 50-year-old woman, identified only as TJ of Alabama, was responsible for the “brief and intrusive investigation” into Buttigieg and his family.

In the letter to Indiana State Police, Michigan State Police described TJ’s documented alcoholism and other chemical dependencies, as well as hallucinations and delusional thinking. The prosecutor also noted that TJ has self-identified as God and claims to hear voices only she can hear.

The letter from Michigan State Police to Indiana State Police states:

“Your investigation reveals that TJ, 50 years old, has a documented history of alcohol abuse and has experienced numerous treatment facilities and programs for alcoholism and other chemical dependency over the years. Further, TJ has a long history of mental illness, manifested by hallucinations and delusional thinking which includes frequently responding to voices only she hears and grandiose ideation including self-identifying as God. She frequently reports she has enjoyed an evening meal with Barack and Michele Obama.

TJ is from Alabama. During her relatively short stay here, TJ was able to generate three separate police encounters that resulted in reports, one of which resulted in TJ’s arrest for domestic battery. I note her BAC in that case was reported at .323. I also note one of the three early reports was based upon TJ’s claim of herself being a victim of sexual abuse at the age of 3 by her mother some 47 years prior. Her explanation for such a delayed report was incoherent.

As you found out, TJ returned to Alabama and took up residence in a treatment facility only to be soon evicted for a rule violation. She currently resides in a half-way house near Alabama, with very limited mental health treatment options available. I note TJ’s abusive and harassing attitude has resulted in restricting only somewhat her access to a telephone, and that she continues to have access to computers at the facility. Obviously she may still have the ability to file additional complaints. No doubt a regrettable situation.

In light of the totality of circumstances, I am unable to conclude that TJ is capable of forming the requisite intent to support a criminal conviction for this offense. Accordingly, this office will not be filing a criminal case in this matter.

Thank you, as always, for a thorough investigation and cogent report.

Stay safe.

Best regards,

E. Nelson Chipman, Jr.

Marshall County Prosecuting Attorney”

When the situation first arose in June, Buttigieg opened up about the experience via his Substack, where he described the situation as one of the worst things that has ever happened to his family — one that resulted in him being separated from his twins, Joseph August “Gus” and Penelope Rose, for their safety.

“The caller said that he had spoken to a woman who claimed to have met me at a conference several years ago in Alabama, where she said I told her that I had committed unspeakable violent crimes, and the caller believed my children were still at risk,” Buttigieg wrote in a post he titled “A Terrible Thing Happened to My Family.” “I am a reasonable man. I try to keep as calm and low-key as possible. But I cannot describe the mix of rage and sadness that I feel at the idea that someone brought our children into this.”

A Buttigieg spokesman declined to comment on the prosecutor’s decision not to pursue charges, but did tell the Washington Post in a statement: “This has been a painful and infuriating situation for the family. They are in touch with Michigan authorities, seeking answers and accountability for what happened.”

In response to the story Buttigieg shared on his Substack, Kelley Robinson, president of the Human Rights Campaign, released the following statement:

“I know how I would feel if someone tried to come between me and my kids. This is truly bottom-of-the-barrel stuff. It takes an awful, hateful person to question someone’s fitness as a parent just because of who they are, who they love, or in Sec. Buttigieg’s case, perhaps even who he speaks out against politically. We’re thinking of Pete, Chasten, and their whole family in this moment — and we aren’t resting until all LGBTQ+ families have the kind of safety and justice every one of us deserves.”

The Los Angeles Blade reached out to Michigan State Police after the story initially broke to ask if any disciplinary action would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. After filing a FOIA request, the Blade was denied access to any additional information.

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Remembering the LGBTQ heroes of 9/11 terrorist attacks

25 years later, ‘the heartbreak remains strong’

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The scene near the collapsed towers on Sept. 11, 2001. (Photo by Anthony Correia/Bigstock)

Many in the LGBTQ community in the D.C. area and throughout the country were expected to join friends, co-workers, and family members this week in commemorating the 25th anniversary of the Sept. 11, 2001, terrorist attacks on the New York World Trade Center’s Twin Towers and on the Pentagon just outside D.C. as well as the jetliner hijacking that ended in a fatal crash in an open field in Shanksville, Pa.

A total of 2,996 people died in the 9/11 attacks, including 19 terrorists who hijacked four jetliners whose passengers included Americans and citizens of many other countries.

Activists involved with local and national LGBTQ advocacy organizations recall witnessing a coming together of LGBTQ people and their co-workers, neighbors, and family members to support one another during a time of unimaginable horror and grief.

Among those who lost their lives in the 9/11 terrorist attacks was American Airlines co-pilot David Charlebois, an out gay man and member of the Gay Pilots Association, who was on American Airlines Flight 77, which the terrorists crashed into the Pentagon.

The Pentagon on the morning of Sept. 11, 2001, approximately 10 minutes after terrorists flew American Airlines flight 77 into the building killing 184 people. (Screen capture via YouTube Archival news footage)

Also among the terrorist victims in the 9/11 attacks was gay public relations executive and rugby enthusiast Mark Bingham of San Francisco, who was among several passengers of the hijacked United Airlines jet who reportedly stormed the cockpit to regain control of the jetliner before one of the hijackers crashed the jet into the countryside in rural Pennsylvania.

 The jet had taken off from Newark, N.J. with its destination being San Francisco. Investigators learned the hijackers turned the plane around and were heading to Washington, D.C., with plans to crash it into the White House or the U.S. Capitol.

The passengers, including Bingham, who stormed the cockpit and were among the 44 passengers and crew who lost their lives in the crash are credited by investigators and family members and friends with saving the lives of hundreds of others if the hijackers succeeded in crashing into the White House or Capitol.

 Among the other LGBTQ people known to have lost their lives in the 9/11 attacks was Father Mychal Judge, 68, a gay Franciscan priest who served as a Catholic chaplain for the New York City Fire Department. According to the National Catholic Reporter, Judge rushed to the scene of the World Trade Center shortly before the Twin Towers collapsed. He was fatally struck by debris falling from the south tower while giving last rites to a fallen firefighter, the Catholic publication reported. 

“He was a decent, wonderful human being,” said New York gay journalist Andy Humm, who had interviewed Judge for LGBTQ-related stories prior to the 9/11 attacks. “I saw him at many demonstrations for gay and AIDS causes, showing up in his Franciscan monk’s cassock,” Humm told the Washington Blade five years ago at the time of the 9/11 20th anniversary. “And he was equally beloved by the fire department, there at every major fire tragedy in the city, lending moral support to firefighters,” Humm said.

 Francis DeBernardo, executive director of New Ways Ministries, a Maryland-based LGBTQ Catholic group that advocates for LGBTQ supportive policies within the church, reported five years ago that his group was supporting an effort to call on the Catholic Church to officially recognize Fr. Judge as a saint by canonizing him. But DeBernardo told the Blade this week that those efforts failed to obtain the needed support from various Catholic entities, including the Franciscan Order of Friars Minors, of which Judge was affiliated, ending efforts to canonize Judge as a saint. 

DeBernardo has written a book about Judge’s life and legacy published in 2023 called “Mychal Judge:Take Me Where You Want Me to Go.” 

Among the other widely reported LGBTQ victims of the 9/11 terrorist attacks were a gay couple from California, Daniel Brandhorst and Ronald Gamboa, and their adopted son, David, who were among those who died aboard the United Airlines flight that crashed in Pennsylvania. The Los Angeles Times reported that Brandhorst, an attorney, and Gamboa, the manager of a Santa Monica Gap store, had adopted three-year-old David when he was an infant.

For many LGBTQ residents of New York and the D.C. area, the suffering over the loss of loved ones, including same-sex partners, was heightened a short time later when they learned they were initially ineligible for local and federal programs aimed at providing financial assistance to survivors of the 9/11 attack victims because same-sex couples were not legally recognized. 

At the urging of LGBTQ rights organizations, state and local officials in the New York and the D.C. area took steps to address the initial denial of financial support for surviving same-sex partners In programs under their control. Officials with a massive federal aid program for 9/11 survivors, however, said they did not have legal authority to authorize payments to same-sex partners. 

The officials, in the administration of then-President George W. Bush, said the best they could do would be to leave it up to local authorities to determine whether state probate laws would recognize a same-sex partner as a family member for eligibility in the federal aid program for 9/11 survivors, many of whom lived in states outside the New York and D.C. area.

A spokesperson for the September 11th Victim Compensation Fund, a federally funded program established to compensate for physical harm or death caused by the 9/11 terrorist attacks, including support for surviving family members, didn’t immediately respond this week to a request by the Blade for information on whether same-sex surviving partners were being supported under that program. 

The program, which remains in effect, is operated by the U.S. Department of Justice.

Events commemorating the 25th anniversary of the 9/11 attacks were scheduled to take place this week at memorial sites honoring the 9/11 victims located outside the Pentagon in Arlington, Va., at the site of the World Trade Center Twin Towers in New York City, and the site of the jetliner crash in Shanksville, Pa., which is operated by the U.S. National Park Service.

The U.S. Congress in 2017 and 2021 approved separate bills signed by President Donald Trump during his first term in office and President Joe Biden creating the Global War on Terrorism Memorial and its construction, to be built on the National Mall in Washington, D.C. that’s scheduled to be completed in 2028.     

The memorial, to be located near the Lincoln Memorial and Vietnam Veterans Memorial close to 23rd Street and Constitution Avenue, N.W., is intended to honor people who served and were lost in the wars and counterterrorism operations that followed the 9/11 attacks, including U.S. military operations in Iraq and Afghanistan.     

Longtime LGBTQ rights advocate Jay Fisette, who at the time of the 9/11 attacks held the elected position of chair of the Arlington County Board, which serves as the county’s governing body, was among the Arlington officials that came to the Pentagon’s grounds in Arlington to oversee efforts by firefighters to rescue Pentagon workers on the day of the attack. 

At an Oct. 7, 2001, 9/11 Day of Remembrance and Appreciation ceremony held in Arlington, Fisette expressed the views of many in the community in response to the 9/11 attacks.

“Tonight, our community gather as a family,” he told the gathering. “We gather in sorrow and in disbelief, in remembrance and appreciation,” he said. “But we come here, too, with resolve and pride. We come together as Arlingtonians who love our country, as Americans who love our country,” he said.

“Our enemies may hurt our bodies and destroy our buildings, but they will never defeat our determination to make this a world of peace and a community in which our children grow up safe and secure,” Fissette said. 

Although some of the same-sex partners of those killed in the 9/11 attacks faced obstacles in obtaining financial support through the federal 9/11 relief program, Tom Hay, the surviving partner of 14 years of American Airlines pilot David Charlebois was treated with respect and honor by American Airlines officials and colleagues at Charlebois’s funeral mass at D.C.’s St. Matthew Cathedral. 

More than a dozen uniformed company pilots and flight attendants attended the mass. And a press release issued by American Airlines mentioned Charlebois’s relationship with Hay and told how Hay stood with Charlebois when Charlebois advocated for equal rights for LGBTQ people in the airline industry through his involvement with the National Gay Pilots Association.

“David was an early member of the NGPA,” the American Airlines statement said. “His contribution helped ensure ongoing progress toward fairness and solidarity.” 

Activists in New York have said the 9/11 attacks drew attention to the need for legal protections for same-sex couples, including the need for recognition of same-sex marriage, which the U.S. Supreme Court legalized nationwide in its landmark ruling in 2015.

But LGBTQ advocates in New York pointed to the difficulties LGBTQ surviving partners faced when desperately seeking to find out if a partner had survived at the site of the World Trade Center attack where the Red Cross and other emergency relief agencies set up a station near the site of the attack. 

“Literally, gay people had to go there, turn around, go back home, and get some paperwork that spouses didn’t have to get to prove a relationship existed,” said Ryan Levi, who at the time served as executive director of the New York LGBTQ advocacy group Empire State Pride Agenda.

“You were nervous and scared and sad and then you had to go through that,” Levi told the Blade in 2011 at the time of the 10-year anniversary of the 9/11 attacks. “And worse yet, other people turned them away, even with the paperwork, saying sorry you’re not a family according to our guidelines.”

Activists said New York City and New York State officials quickly recognized the inequities faced by same-sex partner survivors and took steps to change polices and laws to correct the situation. Among other things, New York’s then-Gov. George Pataki (R) issued an executive order in October 2001 that included surviving partners of gay and lesbian victims of the World Trade Center attacks in receiving full spousal benefits from the state’s Crime Victims Board.

In a separate development, the LGBTQ litigation group Lambda Legal, ESPA, the Human Rights Campaign, and other LGBTQ advocacy groups created the September 11 Gay & Lesbian Family Fund to provide some support to surviving same-sex partners who were ineligible for help from the federal relief fund program. 

“The terrorist attack on September 11th is a tragedy that touched every American, impacting people and families from all walks of life,” Jonathan Lovitz, the Human Rights Campaign’s Senior Vice President for Campaigns and Communications told the Blade in a statement this week.

“As in all moments in American history, LGBTQ+ Americans were there, and feel the impact of this day,” he said. “As we remember the lives lost 25 years later, the heartbreak remains strong and the work to ensure that every person can live safe from violence in this country continues.”

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Chris Pappas wins NH Democratic Senate primary

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

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U.S. Rep. Chris Pappas (D-N.H.) speaks at the LGBTQ+ Victory Fund's 2025 National Champagne Brunch in D.C. (Washington Blade photo by Michael Key)

New Hampshire Congressman Chris Pappas on Tuesday won the Democratic primary in the race to succeed retiring U.S. Sen. Jeanne Shaheen (D-N.H.) in the U.S. Senate.

Pappas defeated Karishma Manzur, who was his primary challenger, by a 61.8-36.1 percent margin.

The gay congressman will face off against former U.S. Sen. John E. Sununu, who defeated former U.S. Sen. Scott Brown in the Republican primary.

“Tonight’s victory sends a clear message that voters are looking for leaders who will fight for their rights, their freedoms, and to be treated with dignity and respect,” said Human Rights Campaign President Kelley Robinson in a statement. 

She campaigned for Pappas in Manchester, New Hampshire’s largest city, on Aug. 30.

“Chris Pappas has delivered results, stood up for equality, and showed up for the people he serves,” said Robinson in her statement. “HRC was proud to mobilize Equality Voters across New Hampshire to help power this win. We don’t have a second to waste between now and November. We look forward to continuing our work with Rep. Pappas as he drives toward victory in November so he can help return a pro-equality majority to the United States Senate.”

poll the University of New Hampshire Survey Center released on Aug. 26 showed Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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Congress

Everton Blair makes history as first openly gay congressman from Ga.

Former Gwinnett County Board of Education member to serve remainder of David Scott’s term

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U.S. Rep. Everton Blair Jr. (D-Ga.) (Photo courtesy of Everton Blair for U.S. Congress)

Georgia made history last week when Everton Blair, Jr., was sworn into the U.S. House of Representatives, becoming the state’s first openly LGBTQ+ member of Congress and the latest LGBTQ+ addition to the chamber.

Blair, who represents Georgia’s 13th Congressional District, was sworn in on Sept. 1 after winning a special election to fill the vacancy left by the late-Congressman David Scott. Blair defeated Marcye Scott, the late congressman’s daughter, in the Aug. 25 runoff, winning 53.2 percent of the vote to Scott’s 46.8 percent.

He will serve the remainder of Scott’s term through Jan. 3, 2027. Blair is not running in the November general election for a full term.

Blair brings a progressive platform to Congress.

The 34 year-old supports Medicare for All, a Green New Deal, raising the minimum wage, and universal gun background checks. His campaign platform also included positions on LGBTQ+ rights, reproductive freedom, workers’ rights, climate, and gun violence.

Since joining the House, Blair has joined the Congressional Black Caucus and Congressional Progressive Caucus. He is also a co-chair of the Congressional Equality Caucus.

Before joining the House, Blair served on the Gwinnett County Board of Education, where he became the first Black member and youngest-ever member elected to the board, as well as its first openly gay member. He was later unanimously selected as chair.

Blair also served as a fellow in President Barack Obama’s White House Initiative on Educational Excellence that focused on improving academic outcomes and expanding opportunities for minority students.

The son of Jamaican immigrants, Blair was born and raised in Georgia’s 13th Congressional District. He earned a bachelor’s degree in applied mathematics from Harvard University, a master’s degree in policy, organization, and leadership from Stanford University, and a Doctor of Education Leadership degree from Harvard.

Blair’s campaign received endorsements from a number of organizations, including the LGBTQ+ Victory Fund and progressive Democratic groups such as Future Democrats.

The Equality PAC, a political action committee dedicated to electing openly LGBTQ+ candidates to office, celebrated Blair’s victory and provided a statement to the Los Angeles Blade about the historic nature of his election.

“This is a historic election for Georgia, the South, and our entire country,” Equality PAC said in an email. “Everton Blair brings a strong record of public service and a deep commitment to making government work for working families.”

The group said Blair would “fight to lower costs, expand access to quality health care, create economic opportunity, and ensure every community has a voice in Washington.”

“At the same time, Everton understands the importance of standing up for equality and defending the rights and freedoms of LGBTQ Americans and every community facing discrimination,” Equality PAC said. “His historic election as Georgia’s first openly LGBTQ Member of Congress and the first openly LGBTQ man elected from the South is a powerful reminder of how far our country has come — and how much work remains.”

Equality PAC said it was “proud to welcome Everton to the House” and looked forward to working with him.

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