Politics
NCLR’s Kate Kendell steps down and into LGBT history
It’s time for a younger leader, she says
NCLR Executive Director Kate Kendell (courtesy NCLR)
LGBT politicos nationwide were struck by the March 15 announcement that National Center for Lesbian Rights executive director Kate Kendell was stepping down after more than 22 years of service advancing social and economic justice through the lens of LGBT civil rights.
“Kate literally changed the world. Her leadership in advancing the rights of LGBT people from being criminals to being able to marry has transformed the lives of millions of people. She always pushed the envelope and was a constant voice for our movement to embrace our communities’ diversity, partner with others and embrace a progressive agenda,” says Geoff Kors, Palm Springs City Councilmember, former Equality California Executive Director, and Kendell’s “brother from another mother.” “She has an ability to connect with people on our shared humanity and move them to do the right thing even when it is politically challenging.”
“We are so grateful for Kate’s decades of leadership in the fight for full LGBTQ equality and social justice,” says Equality California Executive Director Rick Zbur, noting that NCLR is currently co-representing Equality California in Stockman v. Trump, a lawsuit challenging the Trump administration’s transgender military ban. “They broke the mold when they made Kate Kendell. And while her leadership at NCLR will be missed, her legacy will live on in the work of generations of LGBTQ civil rights advocates who will stand on her shoulders.”
It is that passionate commitment to justice and human dignity that helped Kendell grow the small San Francisco-based national non-profit into a powerhouse legal advocacy legal organization.
“Kate Kendell’s charisma, passion and vision have resulted in NCLR becoming one of the most creative and effective advocacy organizations in this country. Every LGBTQ person has benefitted because of her incredible leadership,” said Donna Hitchens, the retired San Francisco Superior Court judge who founded NCLR in 1977.
Kate Kendell, wife Sandy before Rainbow Flag (Courtesy NCLR)
“Kate Kendall is one of the most fearless and tireless advocates the LGBTQ equality movement has ever known,” says Human Rights Campaign President Chad Griffin. “Kate’s profound work is woven into the fabric of our movement and millions of Americans have felt the impact of her unwavering leadership. I am proud to call Kate a friend, colleague, and a true champion for equality.”
Even journalists pay Kendell respect. “Authentic, empathetic, fully present, flawless mix of PC and un-PC, openminded, Mormon good-girl ethics, rebellious lesbian side, a hard worker not a brander, and a fully spin-free zone. It don’t get much better,” tweeted San Diego-based semi-retired reporter Rex Wockner.
Kendell started thinking about her career trajectory a few years ago. “I’ve engaged in a fair amount of self-interrogation and reflection about when might be the right time” to leave, Kendell says in an extensive March 15 phone interview.
“It just really felt like this was the right time for me—I hit 58 next month—to pursue whatever my next chapter is,” Kendell adds. “And it’s the right time for NCLR to have a new, obviously younger leader.”
The NCLR board and management team is working on a succession plan. The search for the new executive director will officially launch on April 1.
Kate Kendell debating Rev. Jerry Falwell on CNN’s “Crossfire” (Courtesy NCLR)
“I had no idea when I took the job as legal director in 1994 or even as executive director in 1996 that I would be in the role this long, that I would be a part of some of the most powerful resonant and culture-changing moments in the LGBTQ movement, or that I would be able to look back on a 22-year run with such a profound sense of gratitude and humility,” she says.
“I was lucky enough to meet Kate back in 1994, when she started as NCLR’s Legal Director after working at the Utah ACLU and we clicked right away,” Mary L.Bonauto, longtime attorney with GLAD (GLBTQ Legal Advocates & Defenders), tells the LA Blade. “For one, there were few women working in the legal organizations at that time, and we were both eager to use our legal skills to stick up for our community—for liberty, freedom and equality, even as others tried to stuff us back into the closet. And we were able to collaborate across the miles on cases and policy issues sometimes, too, including parenting cases.” NCLR’s “docket of protecting all families and children…is foundational to many of our other successes.”
Parenting issues were NCLR’s first priority as lesbian parents in heterosexual marriages came out and lost custody of their children. For generations, invisibility “protected us from the worst of this nation’s bigotry and assaultive approach to LGBTQ people. But it also rendered us unable to be our own advocates because we couldn’t be open and fight for what we wanted,” Kendell says.
”And then AIDS—which galvanized our community like nothing else could have,” Kendell continues. “And while it was never worth the death count, it still put in stark relief that being hidden, being silent, being invisible was a matter of life and death. Our visibility, our coming out, our being adamant about our own humanity and demanding that this nation recognize and honor that humanity is how we got to where we are now—in very short order by civil rights-time measurement.”
But while “the rapidity with which we’ve seen landmark change is breath-taking,” Kendell says, family issues such as adoption and child custody issues are “still a huge problem in many states.”
Some of the most heart-wrenching cases in the 1990s involved lesbian couples separating with the biological parent treating the non-biological parent as a “legal stranger” with no right to even see the child.
Collage of Kate Kendell and family— wife Sandy, son Julian, 20 and daughter Ariana 14. (Courtesy NCLR)
“To this day, I find it abhorrent in the extreme that there are lesbians who would use heterosexist homophobic legal arguments against not just their former partner but our entire community. It still haunts me the cases that we lost with children four, five, six-year olds being denied any ongoing relationship with their parent! Forget how traumatic and hard this is for the lesbian co-parent—as a parent myself, my kids were about the same age when we were in the thick of these cases—imagine the trauma to this child!” Kendell says. “The venality and the self-loathing and the selfishness embedded in such an action still makes my blood boil.”
Lorri L. Jean, CEO of the LA LGBT Center, says she is sad Kendell is stepping down. “Personally, she has been a valued colleague and friend and I’m going to sorely miss her indomitable presence, her support, her insight and her sense of humor,” says Jean, who also took a stand against the “legal stranger” arguments. “She has done her work with a rare and admirable combination of selflessness, courage and integrity. LGBTQ people everywhere have better lives thanks to her leadership.”
NCLR made history arguing for Sharon Smith’s right to file a wrongful death civil lawsuit after the 2001 murder of her beloved domestic partner of seven years, Diane Alexis Whipple.
Whipple, a lacrosse coach, was coming home with groceries when she was viciously attacked by two large dogs and mauled to death in her apartment hallway. Neighbors Marjorie Knoller and her husband, Robert Noel were eventually convicted of second-degree murder and manslaughter, respectively.
Smith, a vice president at a brokerage firm, filed a wrongful death suit—but California only allowed surviving spouses, children and parents to file such claims. NCLR argued to San Francisco Superior Court Judge James Robertson II that the committed couple was essentially married. Robertson agreed that limiting the right to sue to straight spouses violated the Equal Protection Clause of the state constitution.
“Up until Sharon’s case, it was virtually unheard of for a same-sex partner to be permitted to sue for wrongful death. In every prior case, the surviving partner was deemed a ‘legal stranger,’ regardless of the length or depth of the relationship,” Kendell wrote on her NCLR blog in 2011. “But that measure of vindication, while enormously important, could never bridge Sharon’s terrible loss.”
Kendell and Smith remain very close friends. “Sharon’s case really made history and changed the way people viewed our relationships,” Kendell says.
In 2004, Kendell witnessed history again. The week before Valentine’s Day when Kendell got a call from Mayor Gavin Newsom’s chief of staff saying Newsom was going to begin issuing marriage licenses to same sex couples on Monday, Feb. 9.
“At the time, I thought it was not a good idea,” Kendell says, since the marriage victory in Massachusetts prompted calls for a federal constitution ban on same sex marriage, endorsed by President George W. Bush. “It’s like a little bit of a powder keg right now,” she told him before he made it clear the action would happen “no matter what.”
Kendell talked to NCLR Legal Director Shannon Minter and Bonauto, who won the Massachusetts marriage equality case. By Sunday, Kendell concluded: “You know what—game on. Let’s just do it.”
However, Monday morning it became clear that more time was needed, including for Newsom to do some homework on the movement. “He was humble enough to understand that he needed a few more days,” Kendell says.
They prepared the new proper forms then Joyce Newstadt, Newsom’s policy director, and Kendell decided the first couple to marry had to be lesbian icons Del Martin and Phyllis Lyon.
“I called Del and Phyllis’ home and Phyllis answered and I said, ‘Phyllis, I know you and Del have already done so much for the movement, but I have one more request. Would you be willing to be the first couple that would be issued a marriage license by the City and County of San Francisco because Mayor Newsom wants to begin issuing marriage licenses to same sex couples. And she said, ‘Well, just a minute. Let me ask Del.’ I heard her put the phone down and then I heard her say, her voice a little bit muffled, ‘Kate wants to know if we want to get married.’ I didn’t hear what Del said but Phyllis came back and said, ‘Del said we’ll do it,’”Kendell recalls.
The clandestine team included Kors, Newsom’s office, the City Attorney’s office—and on Thursday morning, Feb. 12, history happened.
Phyllis Lyon and Del Martin marry in 2004 (Photo by Liz Mangelsdorf, courtesy NCLR)
Kendell drove the couple to City Hall in her 1972 Mercedes sedan, escorting them through the basement to avoid being seen. They waited outside Treasurer Mable Tang’s office until—“one of the greatest privileges of my life—I was there when Mable Tang did the wedding vows for Del and Phyllis and witnessed Del and Phyllis’ wedding—Feb. 12, 2004, the 51th anniversary of the day they first met.”
Kate Kendell and Gavin Newsom (Photo courtesy NCLR)
“In 2004—at a time when many in the Democratic Party were not ready to support marriage equality—Kate was a force whose advocacy and leadership gave us the courage to marry over 4,000 same-sex couples,” California Lt. Gov Newsom tells the LA Blade. “That’s just one in a long list of fights Kate and NCLR have taken on, and won, to benefit LGBTQ folks across the country. I am grateful for her counsel and friendship, and for her decades of bold leadership at the forefront of the movement for equality.”
“I always knew when Kate was at the table that we would be on solid ground to do the right thing,” says Newstat, now CEO of Rocket Science Associates.
Roberta Achtenberg and Kate Kendell (Photo courtesy NCLR)
“Kate is a force of nature, and her leadership of NCLR has been nothing short of brilliant! I will remember always the day we stood shoulder to shoulder with tears in our eyes and love in our hearts as Phyllis and Del said their vows and ignited the marriage revolutions! That, and so much more, our Kate has helped make possible,” says Roberta Achtenberg, former San Francisco Supervisor and historic high-ranking official in the Clinton administration.
Kendell is proud of NCLR’s role in winning the consolidated 2004 case that resulted from that event. Minter argued, In Re Marriages before the California Supreme Court, which treated the transgender NCLR attorney with dignity and respect during oral arguments. The Court ruled marriage equality was a fundamental constitutional right in May 2008.
“Shannon was an employee of NCLR before I even got to NCLR. In fact, he and I had met a couple of years prior when I was at the ACLU and he came to Utah because we were trying to get a young lesbian girl released from a psychiatric facility where she had been institutionalized by her parents when she came out,” Kendell recalls.
“Shannon and I had been through so much together and to see him standing before the California Supreme Court as our Legal Director and my partner in so much of what had been great about NCLR and my job and to be someone I had so much respect and love and affection for was just a spectacular moment. I was proud, I was moved, I was emotional. I was inspired. It was fantastic. And he was brilliant,” Kendell gushes warmly.
NCLR Legal Director Shannon Minter and Kate Kendell (Photo by Trish Tunney, courtesy NCLR)
Minter became the first individual to transition at an LGBT organization and the first full time transgender employee at a national LGBT organization.
Minter remembers Kendell’s reaction when he announced he was going to transitioning at work.
“I first talked to her about it in 1995, a time when transgender issues were not yet much on the radar of any national LGB group,” Minter tells the LA Blade. “Like most other LGB people at the time, Kate knew very little about transgender issues, but her response was always completely spot-on. She didn’t pretend to know more than she did, but she was enthusiastically supportive on both a personal and professional level from day one.
“When I actually transitioned in 1996, she sheltered me from any negative responses and offered unflagging acceptance and support,” Minter continues. “She set such a positive example for the whole movement in that regard. At the same time, she was always real, including telling me when I complained about having a hard time finding men’s shirts that fit that my arms, which were too short! I have loved teasing her about that over the years.”
He adds, “Kate has never flinched from a fight. She has empowered our staff to launch innovative new projects and then trusted them to take risks. As a result, she has nurtured some of the most impressive leaders in our community.”
One of the hardest issues was Proposition 8, the anti-gay marriage ballot initiative that passed in November 2008.
Kate and Sandy get married (Photo courtesy NCLR)
“What happened in Prop 8 was the lowest point of my career and it just followed on the heels of one of the highest points of my career,” Kendell says. “When we won marriage in California, I was ecstatic….I knew that the resonance of ending discrimination in marriage was going to be a huge lift to every other facet of the lives of queer people. And I believe that has been borne out to be true,” she says.
“I knew Prop 8 was an existential threat and I knew it had a very good chance of passage. But it was impossible to get people to focus on it because everybody was still elated that we’d won marriage and they couldn’t believe that California voters would vote to take away marriage!” Kendell says, her voice rising as if reliving the fall of 2008. “So when Prop 8 passed—I remember the entire night. I remember the growing feeling of dread and nausea. And I remember a sleepless night absolutely devastated and then having to face the next morning. It was a brutal, brutal experience” that left her seriously depressed for six months.
But there was an upside. “I believe that had it not been for Prop 8, we wouldn’t have won marriage as quickly as we did in this country. It shocked the shit out of people that we could see marriage taken away at the ballot box and it galvanized and energized a huge new generation of LGBTQ folks to engage in the fight. And that moment really changed everything, in terms of our momentum,” Kendell says.
Federal Prop 8 plaintiffs Kris Perry and Sandy Stier at the Supreme Court (Photo by Washington Blade photographer Michael Key)
“We have admired her courageous leadership and ability to build support for NCLR for many years but we will be forever grateful to Kate for her unequivocal support during our challenge to Proposition 8 and subsequent friendship,” successful federal Prop 8 plaintiffs Kris Perry and Sandy Stier tell The LA Blade.
Kendell and NCLR have also worked hard on intersectional issues that “deeply impact LGBTQ people,” such as immigration, policing, criminal justice, asylum and poverty issues. “If those issues are not an essential part of every LGBTQ organization, we are doing a disservice and we are leaving people behind,” she says. “There can be no more important work for us to do than actually saving lives.”
“Kate has a clear vision of the intersections in our communities. Whether as an advocate for LGBT immigrants, same sex parents, or transgender youth, she has the best interests of all of us impacted by the range of prejudice and bigotry when she bravely steps forward time after time,” says longtime Democratic Latina politico, Gloria Nieto. “She is the definition of fierce and our communities are more fierce thanks to Kate Kendell.”
Kate Kendell at the Women’s March 2017 (Photo courtesy NCLR)
“Having worked side-by-side with Kate Kendell—including as co-counsel in a number of path-breaking cases—for three decades,” says Jon Davidson, former Legal Director of Lambda Legal, “I often have had the pleasure of seeing Kate’s inspired leadership, passion, smarts, and tenacity up close. She fought tirelessly for the full breadth of our communities, ensured that the LGBTQ rights movement incorporated essential feminist perspectives, and successfully built alliances that have been key to our success. We collectively owe her a huge debt of gratitude, as we certainly would not have made the progress we have but for her many years of hard work.”
Kendell feels that the fight for social justice and intersectionality is “baked into DNA” at NCLR. And while the Right “is still going to fight us at every turn,” her 22 years have taught her that “people are generally good and want to be good but are stopped by being scared.” So, she says, “it’s important to meet people where they are, even when that’s difficult.”
The stakes now are high. “We are in a fight about who we are as a nation,” Kate Kendell says. “But I do have hope. Like Harvey Milk said, we have to give them hope. Because if we lose hope, we concede ground to our enemy. And I do not concede!”
Congress
51 lawmakers sign letter to Rubio about Andry Hernández Romero
U.S. Rep. Robert Garcia (D-Calif.) spoke about gay Venezuelan asylum seeker
Forty nine members of Congress and two U.S. senators, all Democrats, signed a letter Monday to Secretary of State Marco Rubio demanding information about Andry Hernández Romero, a gay Venezuelan national who was deported to El Salvador and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT
“We are deeply concerned about the health and wellbeing of Mr. Hernández Romero, who left Venezuela after experiencing discriminatory treatment because of his sexual orientation and opposition to Venezuela’s authoritarian government,” the lawmakers wrote. They urged the State Department to facilitate his access to legal counsel and take steps to return him.
After passing a credible fear interview and while awaiting a court hearing in March, agents with U.S. Immigration and Customs Enforcement reportedly transported Hernández out of the U.S. without due process or providing evidence that he had committed any crime.
In the months since, pressure has been mounting. This past WorldPride weekend in Washington was kicked off with a rally in front of the U.S. Supreme Court and a fundraiser, both supporting Hernández and attended by high profile figures including members of Congress, like U.S. Rep. Mark Takano (D-Calif.)
U.S. Rep. Robert Garcia (D-Calif.) was among the four members who wrote to Rubio about Hernández in April. On Friday, he spoke with the Los Angeles Blade before he and his colleagues, many more of them this time, sent the second letter to Rubio.
“There’s a lot of obviously horrible things that are happening with the asylum process and visas and international students and just the whole of our value system as it relates to immigration,” he said, which “obviously, is under attack.”
“Andry’s case, I think, is very unique and different,” the congressman continued. “There is, right now, public support that is building. I think he has captured people’s attention. And it’s growing — this is a movement that is not slowing down. He’s going to be a focal point for Pride this year. I mean, I think people around the world are interested in the story.”
Garcia said he hopes the momentum will translate to progress on requests for proof of life, adding that he was optimistic after meeting with Hernández’s legal team earlier on Friday.
“I mean, the president, Kristi Noem, Marco Rubio — any of these folks could could ask to see if just he’s alive,” the congressman said, referring to the secretary of Homeland Security, whom he grilled during a hearing last month. ICE is housed under the DHS.
“People need to remember, the most important part of this that people need to remember, this isn’t just an immigration issue,” Garcia noted. “This is a due process issue. This is an asylum case. We gave him this appointment. The United States government told him to come to his appointment, and then we sent him to another country, not his own, and locked him up with no due process. That’s the issue.”
Garcia said that so far neither he nor his colleagues nor Hernández’s legal team were able to get “any answers from the administration, which is why we’re continuing to advocate, which is why we’re continuing to reach out to Secretary Rubio.”
“A lot more Democrats are now engaged on this issue,” he said. U.S. Sens. Adam Schiff and Alex Padilla, both from California, joined Monday’s letter. “The more that we can get folks to understand how critical this is, the better. The momentum matters here. And I think Pride does provide an opportunity to share his story.”
Asked what the next steps might be, Garcia said “we’re letting his legal team really take the lead on strategy,” noting that Hernández’s attorneys have “already engaged with the ACLU” and adding, “It’s very possible that the Supreme Court could take this on.”
In the meantime, the congressman said “part of our job is to make sure that that people don’t forget Andry and that there is awareness about him, and I think there’s a responsibility, particularly during WorldPride, and during Pride, all throughout the month — like, this is a story that people should know. People should know his name and and people should be aware of what’s going on.”
Breaking News
Controversy brews in the City of Glendale over support of Pride event
Republican Mayor Ara Najarian pushes back on funding family-friendly Pride event
Over the last three weeks, glendaleOUT — a local LGBTQ group based in Glendale, California and city leadership have been at odds over securing financial support of a family-friendly Pride event set to happen on Saturday, June 7. As of Tuesday, Glendale’s city council voted 3-2 in favor of funding the event, ending a weeks-long argument over securing the funds.
The controversy began when the group highlighted how neighboring cities have visibly demonstrated support for Pride Month celebrations across the county, while the City of Glendale has yet to sponsor events with banners, city logos and financial sponsorship.
Councilmember Dan Brotman proposed $5,000 in sponsorship funds, noting that the city has funded other cultural events with much larger amounts.
Local leaders, but specifically Mayor Ara Najarian — who was just re-elected for a fifth term — are pushing back and opposing the proposal for funding. According to sources, Mayor Najarian openly opposed the proposal, stating a distant conflict of interest as the reason for the opposition.
LGBTQ advocates have been quoted as saying this is a “bad-faith political tactic, not grounded in any real conflict of interest.”
The next potential vote is expected to happen today at a city council meeting. Organizers say that the Pride event will happen regardless, but that they still hope to shed light on the patterns of sexual orientation-based discrimination in the city council.
For more information about the free community Pride event, visit glendaleOUT’s website.
California
LA County officially kicks off Pride Month with blessing from The Sisters of Perpetual Indulgence
‘This needs to be done, because once again, our county and our nation houses people who want us gone, who wish us harm’
The LA County Board of Supervisors and the LA County LGBTQ+ Committee gathered on Tuesday, June 3, to officially kick off Pride Month across the county with a blessing from The Sisters of Perpetual Indulgence, who purified the space with their sacred chicken, then led everyone in blessing the Progress Pride flag before raising it at the Kenneth Hall of Administration.
“By raising this flag, the emblem of our souls and of our souls, of our love, of our survival, and of the gifts we offer to every Angeleno in this county — you all declare and you declare to everyone both here and abroad, that we are your people and you affirm that this is our home too,” said Sister Unity. “This needs to be done, because once again, our county and our nation houses people who want us gone, who wish us harm.”
LA County Supervisors and other community leaders gathered on Tuesday at the Kenneth Hall of Administration to raise the Progress Pride flag in honor of Pride Month. (Photo credit to Diandra Jay)
Supervisors Janice Hanh, Holly J. Mitchell, Lindsey P. Hovarth and Hilda L. Solis spoke on the importance of representation in the face of discrimination, homophobia and transphobia.
Supervisor Hahn mentioned in her speech that her father, Kenneth Frederick Hahn designed the LA County flag and it was clear to her that he believed that a flag was more than just a piece of fabric.
“My dad, the original Supervisor Hanh, designed the LA County flag and he understood that a flag is not just fabric. A flag is a symbol. It’s a visual representation of who we are, what we value and what we stand for.”
Two years ago, Supervisor Hahn started the tradition to raise the flag alongside the one her father designed and then it was Supervisor Horvath who suggested that the Pride flag be flown on all county facilities across Los Angeles.
“Now, in every corner of our vast county — from our lifeguard stations on our beaches, to every library, fire station — and may I add: all eight county buildings in the city of Downey. Wherever there is a county facility, the Progress Pride flag will send a clear, powerful message to our LGBTQ residents: ‘your county government unequivocally and unapologetically has your back.’”
The comment about the city of Downey is in regards to a controversial Pride flag ban that was enacted last year.
Supervisor Hahn then introduced LA County Assessor Jeff Prang, one of the longest-serving, out, elected officials in the state of California. Due to his long history in government and as a member of the LGBTQ community, Assessor Prang helped launch the LA County LGBTQ Elected Officials Association with over 50 active members from all levels of government.
“We are in a moment of crisis in the nation. Across the country, an extremist movement is working to dismantle LGBTQ rights — from banning books to criminalizing gender-affirming care, to silencing drag performers, to targeting our youth and families with cruelty disguised as policy,” said Assessor Prang. “These are not isolated incidents, this is a campaign of fear and repression.”
Héctor Trinidad-Plascencia, the Chair of LGBTQ+ Commission, encouraged attendees who are not from the queer and trans communities, to remove the blockages that keep them from being in solidarity with queer and trans people.
“With your solidarity, we are creating a different world together starting in our county home and for the nation to follow,” they said.
White House
DOJ launches investigation into Calif. trans student-athlete policy
State AG vows to defend Golden State laws
One day after President Donald Trump threatened to strip California of “large scale federal funding” over its policy on transgender student-athletes, his Justice Department announced it is investigating the state for potentially violating Title IX.
“The investigation is to determine whether California, its senior legal, educational, and athletic organizations, and the school district are engaging in a pattern or practice of discrimination on the basis of sex,” the DOJ said in a statement.
The DOJ said it notified State Attorney General Rob Bonta, State Superintendent of Public Instruction Tony Thurmond, the Jurupa Unified School District, and the California Interscholastic Federation of its investigation.
AB Hernandez, 16, is an out trans female student-athlete at Jurupa Valley High School who qualified for this weekend’s state track and field championship. As the Los Angeles Blade reported earlier this week, the CIF announced a change in the rules at the finals to accommodate girls who were displaced by Hernandez, including giving medals to cisgender competitors who earn a podium spot should Hernandez place ahead of them.
“We remain committed to defending and upholding California laws and all additional laws which ensure the rights of students, including transgender students, to be free from discrimination and harassment,” said Bonta in a statement. “We will continue to closely monitor the Trump administration’s actions in this space.”
As KTLA reported, California is one of 22 states that allow trans student-athletes to participate in sports consistent with their gender identity. Former Gov. Jerry Brown signed that policy into law in 2013.
The DOJ announced it is also now supporting a federal lawsuit targeting Bonta and the state Department of Education, claiming that California law and CIF policy discriminate against cisgender girls by allowing trans female athletes to compete according to their gender identity.
The lawsuit was filed by a conservative law group, Advocates for Faith and Freedom, representing the families of two girls at Martin Luther King High School in Riverside. Their suit claims the school’s cross-country team dropped one athlete from her varsity spot in favor of a trans athlete and that school administrators compared their “Save Girls Sports” T-shirts to swastikas.
Officials in Washington also weighed-in, referring to trans girls and women as “males.”
“Title IX exists to protect women and girls in education,” said Assistant U.S. Attorney General for Civil Rights Harmeet K. Dhillon. “It is perverse to allow males to compete against girls, invade their private spaces, and take their trophies.”
“The law is clear: Discrimination on the basis of sex is illegal and immoral,” said U.S. Attorney Bill Essayli. “My office and the rest of the Department of Justice will work tirelessly to protect girls’ sports and stop anyone — public officials included — from violating women’s civil rights.”
According to Gov. Gavin Newsom’s office, out of the 5.8 million students in California’s K-12 public school system, the number of active trans student-athletes is estimated to be in the single digits.
Congress
Garcia confronts Noem over gay asylum seeker ‘forcibly removed’ to El Salvador
Andry Hernández Romero is makeup artist from Venezuela
California Congressman Robert Garcia on Wednesday asked Homeland Security Secretary Kristi Noem about the well-being of a gay asylum seeker from Venezuela who the U.S. “forcibly removed” to El Salvador.
The gay Democrat during a House Homeland Security Committee hearing asked Noem whether Andry Hernández Romero is “alive” and whether “we can check and do a wellness check on him.”
“This individual is in El Salvador, and the appeal would be best made to the president and to the government of El Salvador,” Noem told Garcia.
The Trump-Vance administration in March “forcibly removed” Hernández, who asked for asylum because of persecution he suffered due to his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.
The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”
Alvaro M. Huerta, director of litigation and advocacy for the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Hernández, said officials with U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection claimed their client is a Tren de Aragua member because of his tattoos.
The Washington Blade on April 17 reported Hernández was sent to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.
Garcia, along with U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) last month met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital. The lawmakers did not visit CECOT, but Garcia told the Blade that the embassy agreed to ask the Salvadoran government to “see how (Hernández) is doing and to make sure he’s alive.”
California Politics
Zbur continues fight for LGBTQ rights amid Trump attacks
He continues to cement a pro-equality legacy in state legislature
Assemblymember Rick Chavez Zbur (D-51), 68, grew up in a rural farming community
surrounded by animals and land in Rio Grande Valley, New Mexico — ultimately becoming the first person in his rural community to attend an Ivy League university.
Since then, he has continued to build his reputation as an advocate and as a
political leader in environmental justice and LGBTQ rights.
Most recently, Zbur introduced Assembly Bill 309, which would support
California’s strategy to prevent the spread of HIV and viral hepatitis by preserving existing laws that increase access to sterile syringes at no added cost to the state.
“Extensive research and data collection has repeatedly proven that increased access to sterile syringes significantly lowers rates of transmission and saves lives
without increasing rates of drug use,” said Zbur when presenting AB 309.
He added that the average estimated cost for lifetime medical costs related to HIV treatment for one person is $326,500. “Syringe access not only saves lives, but it also saves individuals and the state from the steep cost of treatment,” he continued.
As a gay man in the peak of the AIDS crisis, Zbur saw some of his own close friends become ill, motivating him to become an AIDS activist at a time when the federal government was failing to provide resources to the community that needed them the most.
“Since I’ve been in the Assembly, I’ve always had a number of bills every year that focus on uplifting the LGBTQ community, as well as getting to zero, in terms of HIV — zero transmissions, zero deaths, zero stigma.”
Prior to this bill and a few others, Zbur also introduced AB 5, which he says was a culmination of eight years worth of work, from the time he started working for Equality California (EQCA), the state’s largest nonprofit organization dedicated toward advocating for LGBTQ civil rights.
AB 5, which was passed and is now known as the Safe and Supportive Schools
Act, is meant to improve the conditions for LGBTQ students in schools.
“I think this bill has the most impact for LGBTQ youth and it’s the one I’m proudest of because it requires that every teacher in California schools has LGBTQ cultural competency training, to make sure that our schools are safe and supportive.” Zbur, a longtime advocate for the LGBTQ community, has a long history of activism.
In the early 1980s, Zbur campaigned for the fight against HIV/AIDS, helped found the Children Affected by AIDS Foundation and alongside the Los Angeles LGBT Center, organized fundraisers for Bill Clinton while he was governor of Arkansas, and Barbara Boxer, who was then running for U.S. Senate.
“I think part of me coming out more publicly was due to the HIV epidemic and
the fact that I had friends that were getting sick,” he said. “I had a long-term boyfriend
back then and we started to get politically active, really trying to make sure that the
government was doing something about the HIV epidemic.”
He says that this is when he decided he was going to get Barbara Boxer elected, because she was the only Senate candidate during that time who was even mentioning the LGBTQ community.
In 1996, Zbur ran for the United States House of Representatives in California’s 38th congressional district against Republican incumbent Steve Horn. He became the first openly gay non-incumbent congressional primary candidate to win an election when he won the Democratic primary election on March 26, 1996.
During many years following that win, Zbur jumped into another pool of justice
fighting for environmental issues and then in 2014, joined Equality California as
executive director. Under his leadership, EQCA quadrupled in size, passed groundbreaking legislation to advance LGBTQ equality measures and sued the Trump-Pence administration twice, blocking attacks against the transgender community of California.
In 2022, Zbur was elected to the California State Assembly to represent the 51st
Assembly District, a position he currently serves. He was appointed in July 2023 by
Assembly Speaker Robert Rivas to serve as the Democratic Caucus Chair of the California Assembly, one of the Speaker’s key leadership positions. During that time, he also led the advancement in civil rights and social justice for the many other marginalized communities within the LGBTQ umbrella, such as communities of color, communities of faith, immigrants women and people living with HIV.
Zbur says that his work is never over.
“We’re facing greater risks that are greater than I think we’ve faced in recent
years coming out of the [first] Trump administration. The targeting of transgender and
gender non-conforming people is an even greater part of his hostility toward our
community,” he said. “It’s very real, and we see that it’s not just rhetoric. He’s taking real
steps to try to shut down the healthcare that LGBTQ people and transgender people
need.”
Zbur says that he and the other members of the LGBTQ Caucus in Sacramento
are constantly thinking of those decisions and their repercussions.
“I have another bill that is focused on helping transgender people get the
government documents they need, so they can protect themselves from the Trump
administration and so that they can travel easily to get medical care.”
Zbur says that his own coming out story was positive, but he grew up in a time
where he did not know anyone who was out about their identity. He went through many
trials and tribulations to end up in a space where he was finally accepted.
“For me, coming to terms with the fact that I was LGBTQ, was something that
took a number of years,” said Zbur. “The world was just a very different place back then
and the risks were high, coming out.”
When he started his career as a lawyer, he became a partner in a law firm called
Latham and Walkins, where there was not a single person who was out.
“I eventually came out when I was a fourth or fifth year associate and I became
the first out lawyer in the firm’s history, though there were other gay lawyers at the firm.”
Now, at 68, Zbur says that his only regret is that he lived in the closet for too long.
“When I look back at the things I regret, it’s that I lived in the closet for as long as
I did,” he said. “That is a very limiting thing that I think doesn’t allow your soul or your
spirit to flourish.”
California Politics
Governor Newsom supports bill to put LGBTQ helpline number on student ID’s
AB 727 would put the number for The Trevor Project on the back of students ID cards
Gov. Gavin Newsom expressed support for LGBTQ suicide hotline measures for K-12 students in direct response to recent reports that Secretary of Health and Human Services Robert F. Kennedy Jr’s., plans to cut funding for the national nonprofit that provides the resource to LGBTQ people.
“Cutting off kids’ access to help is indefensible. While the Trump administration walks away from its responsibility, California will continue to expand access to life-saving resources, because the life of every child — straight, gay, trans — is worth fighting for,” said Gov. Newsom.
Assembly Bill 727, introduced by Assemblymember Mark González, would aim to facilitate pupil and student safety by requiring schools and institutions to have the telephone number and text line for a specified LGBTQ suicide hotline provided by The Trevor Project, that is available 24 hours per day, 7 days per week.
Existing law that will be enforced July 1, 2025, requires a public or private school that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards to have printed on the identification cards the number for the 988 Suicide and Crisis Lifeline.
This bill would additionally require the list of K-12 public schools and institutions to provide support to youth and their families who have been subjected to school-based discrimination, harassment, intimidation or bullying on the basis of gender identity, sexual orientation or gender expression.
Conservative organizations like the California Family Council are pushing back on this bill, stating that this bill is “forcing LGBTQ advocacy on every student ID — no exemptions for religious schools,” and saying it “undermines families.”
A national 2024 survey by The Trevor Project on mental health of LGBTQ young people, reports that 1 in 10 young LGBTQ-indetifying people in the United States attempted suicide in 2023. Over a third of LGBTQ young people seriously considered suicide within the past year and that figure was even higher for trans and nonbinary-identifying youth, with that figure being 46%.
The survey also found that half of LGBTQ youth who wanted mental health resources and care could not get them. Over 50% of survey respondents answered “a lot” when asked about how often recent politics negatively impact their well-being.
The Trevor Project is one of the nonprofit organizations that is currently at high-risk for losing their funding under Trump’s budget cuts.
The phone number to call for help is 1-866-488-7386 and the number to text for help is 678-678, or you can send them a message at the site link.
Congress
Democratic lawmakers travel to El Salvador, demand information about gay Venezuelan asylum seeker
Congressman Robert Garcia led delegation
California Congressman Robert Garcia on Tuesday said the U.S. Embassy in El Salvador has agreed to ask the Salvadoran government about the well-being of a gay asylum seeker from Venezuela who remains incarcerated in the Central American country.
The Trump-Vance administration last month “forcibly removed” Andry Hernández Romero, a stylist who asked for asylum because of persecution he suffered because of his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.
The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”
Garcia told the Los Angeles Blade that he and three other lawmakers — U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) — met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital.
“His lawyers haven’t heard from him since he was abducted during his asylum process,” said Garcia.
The gay California Democrat noted the embassy agreed to ask the Salvadoran government to “see how he (Hernández) is doing and to make sure he’s alive.”
“That’s important,” said Garcia. “They’ve agreed to that … we’re hopeful that we get some word, and that will be very comforting to his family and of course to his legal team.”
Garcia, Frost, Dexter, and Ansari traveled to El Salvador days after House Oversight and Government Reform Committee Chair James Comer (R-Ky.) and House Homeland Security Committee Chair Mark Green (R-Tenn.) denied their request to use committee funds for their trip.
“We went anyways,” said Garcia. “We’re not going to be intimidated by that.”
Salvadoran President Nayib Bukele on April 14 met with Trump at the White House. U.S. Sen. Chris Van Hollen (D-Md.) three days later sat down with Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador on March 15.
Abrego was sent to the country’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. The Trump-Vance administration continues to defy a U.S. Supreme Court ruling that ordered it to “facilitate” Abrego’s return to the U.S.
Garcia, Frost, Dexter, and Ansari in a letter they sent a letter to Duncan and Secretary of State Marco Rubio on Monday demanded “access to” Hernández, who they note “may be imprisoned at” CECOT. A State Department spokesperson referred the Blade to the Salvadoran government in response to questions about “detainees” in the country.
Garcia said the majority of those in CECOT who the White House deported to El Salvador do not have criminal records.
“They can say what they want, but if they’re not presenting evidence, if a judge isn’t sending people, and these people have their due process, I just don’t understand how we have a country without due process,” he told the Blade. “It’s just the bedrock of our democracy.”
Garcia said he and Frost, Dexter, and Ansari spoke with embassy staff, Salvadoran journalists and human rights activists and “anyone else who would listen” about Hernández. The California Democrat noted he and his colleagues also highlighted Abrego’s case.
“He (Hernández) was accepted for his asylum claim,” said Garcia. “He (Hernández) signed up for the asylum process on an app that we created for this very purpose, and then you get snatched up and taken to a foreign prison. It is unacceptable and inhumane and cruel and so it’s important that we elevate his story and his case.”
The Blade asked Garcia why the Trump-Vance administration is deporting people to El Salvador without due process.
“I honestly believe that he (Trump) is a master of dehumanizing people, and he wants to continue his horrendous campaign to dehumanize migrants and scare the American public and lie to the American public,” said Garcia.
The State Department spokesperson in response to the Blade’s request for comment referenced spokesperson Tammy Bruce’s comments about Van Hollen’s trip to El Salvador.
“These Congressional representatives would be better off focused on their own districts,” said the spokesperson. “Instead, they are concerned about non-U.S. citizens.”
Congress
EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker
Congressman’s correspondence was shared exclusively with the Blade
U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry Hernández Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.
Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Los Angeles Blade.
Garcia noted that Hernández, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.
Pro-bono lawyers representing Hernández during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.
Hernández’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.
Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting Hernández’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”
The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.
Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:
- What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
- What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
- How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
- What mechanisms exist to prevent and address potential misconduct?
- What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
- What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
- What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?
In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:
- Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. Hernández Romero as a member of the Tren de Aragua gang?
- What evidence, beyond Mr. Hernández Romero’s tattoos, was used to substantiate the claim of gang affiliation?
- Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
- What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
- What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?
Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for Hernández’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.”
Hernández’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.
Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”
Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding Hernández’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.
Hernández “was denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,” the governor wrote. “We are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”
Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing Hernández, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.
“Under the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if that’s the case,” she said. “In Andry’s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.”
“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,” Toczylowski said.
In March, a DHS spokesperson posted on X that Hernández’s “own social media indicates he is a member of Tren de Aragua,” though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity.
During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m gay. I’m a stylist.” — crying for his mother as he was slapped and his head was shaved.
Federal Government
USCIS announces it now only recognizes ‘two biological sexes’
Immigration agency announced it has implemented Trump executive order
U.S. Citizenship and Immigration Services on Wednesday announced it now only “recognizes two biological sexes, male and female.”
A press release notes this change to its policies is “consistent with” the “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” executive order that President Donald Trump signed shortly after he took office for the second time on Jan. 20.
“There are only two sexes — male and female,” said DHS spokesperson Tricia McLaughlin in a statement. “President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality.”
“Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being,” she added.
The press release notes USCIS “considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.”
“If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence,” it reads.
The USCIS Policy Manuel defines “secondary evidence” as “evidence that may demonstrate a fact is more likely than not true, but the evidence does not derive from a primary, authoritative source.”
“Records maintained by religious or faith-based organizations showing that a person was divorced at a certain time are an example of secondary evidence of the divorce,” it says.
USCIS in its press release notes it “will not deny benefits solely because the benefit requestor did not properly indicate his or her sex.”
“This is a cruel and unnecessary policy that puts transgender, nonbinary, and intersex immigrants in danger,” said Immigration Equality Law and Policy Director Bridget Crawford on Wednesday. “The U.S. government is now forcing people to carry identity documents that do not reflect who they are, opening them up to increased discrimination, harassment, and violence. This policy does not just impact individuals — it affects their ability to travel, work, access healthcare, and live their lives authentically.”
“By denying trans people the right to self-select their gender, the government is making it harder for them to exist safely and with dignity,” added Crawford. “This is not about ‘common sense’—it is about erasing an entire community from the legal landscape. Transgender, nonbinary, and intersex people have always existed, and they deserve to have their identities fully recognized and respected. We will continue to fight for the rights of our clients and for the reversal of this discriminatory policy.”
Trans Lifeline named best nonprofit by LA Blade readers: A lifeline of love in a time of crisis
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