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Federal judge in Seattle extends injunction on trans military ban

Will the trial include deposing VP Mike Pence?

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A U.S. Army sergeant flies the American flag from the back of a CH-47 Chinook helicopter over southern Kandahar province, Afghanistan. The pilots and crew chiefs fly American flags to present with certificates to service members as part of aviation tradition. (U.S. Army photo by Staff Sgt. Bryan Lewis)

The timing of US District Court Judge Marsha J. Pechman’s ruling on the ban against open transgender military service could not have been more poignant.

As the order circulated late Friday, April 13 among lawyers and plaintiffs in the OutServe-SLDN and Lambda Legal lawsuit against the Trump Administration, President Trump announced that he had ordered “precision strikes” in response to the chemical attack in a suburb of Damascus last weekend that killed at least 40 people.

It was the second military attack ordered without the consent of Congress and was contrary to Trump’s previous announcement of his intention to withdraw troops from Syria. Some pundits wondered if the strikes were a predictable, distracting response to the anger the president has expressed over the FBI’s ongoing investigation into his personal lawyer Michael Cohen.

Against this backdrop of war, an unpredictable commander-in-chief and a Defense Secretary who seems to be trying to appease him, the patriotic call of duty expressed by trans servicemembers in their lawsuits asking for the right to fight and die for their country seems even more courageous.

Pechman, ruling from her federal court in Seattle, Washington, seems to get that, delivering some precision strikes of her own. She ordered that her earlier preliminary injunction against the ban remain in effect. In that Dec. 11, 2017 ruling, she wrote “The Court finds that the policy prohibiting openly transgender individuals from serving in the military is likely unconstitutional,” adding that ban irreparably harms the state of Washington’s interest in “maintaining and enforcing its anti-discrimination laws, protecting its residents from discrimination, and ensuring that employment and advancement opportunities are not unlawfully restricted based on transgender status.”

In her April 13, 2018 decision, Pechman rejected the Justice Department’s argument that the “new” trans ban implementation policy derived from Sec. of Defense Mattis’ recommendations in late March was not a new policy at all since it violated the same constitutional protections. She said the OutServe-SLDN and Lambda Legal case could proceed to trial with Trump still a defendant. And, stunningly, Pechman wrote:

“The Court also rules that, because transgender people have long been subjected to systemic oppression and forced to live in silence, they are a protected class. Therefore, any attempt to exclude them from military service will be looked at with the highest level of care, and will be subject to the Court’s “strict scrutiny.” This means that before Defendants can implement the Ban, they must show that it was sincerely motivated by compelling interests, rather than by prejudice or stereotype, and that it is narrowly tailored to achieve those interests.”

“The entire decision, which is 31 pages, is choke full of great discussions that really indicate that this judge just gets it,” Peter E. Perkowski, Legal director for OutServe-SLDN, tells the Los Angeles Blade. “She understands the issues. She’s not falling for the government’s kind of shell game, if you will, of moving a whack-a-mole—keep changing the policy to try to get out of court. But she’s not falling for that. She’s definitely interested in reaching the merits of this case.”

The judge did not grant the all the LGBT legal groups’ requests. She denied permanent injunction and the request for a ruling on the merits without a trial.

“She said she’s not willing to do that now because she wants to hear specifically how the 2018 recommendations from Sec. Mattis and the panel of experts, as it’s been called—how much deference she needs to give to those results of that proceeding,” Perkowski says, “And whether she gives any deference at all or some or a lot – whether the ban, as it exists now, still has to meet constitutional revue, as she set forth in her decision.”

Going to trial means the legal groups would have a discovery process, which could finally reveal how, exactly the ban on transgender service members wound up as a Trump Tweet last year. Using very reliable sources, the LA Blade reported on Aug. 9, 2017 that the origin story lead from the Air Force Academy to religious Republican conservatives in the House — led by Rep. Duncan Hunter of California and Rep. Vicki Hartzler from Missouri — to evangelical lobbyist Tony Perkins of the Family Research Council, along with his colleagues Ken Blackwell and Lt. Gen. Jerry Boykin (ret), to Vice President Mike Pence, who agreed to help. Since then, others have reported similar accounts, including Slate’s Mark Joseph Stern and Think Progress’ Zack Ford. Meanwhile, Chris Johnson at the Washington Blade, reported on Thursday, April 12, that Army Secretary Mark Esper has had no problems with unit cohesion, which goes against a trans ban talking point.

Would OutServe-SLDN and Lambda Legal use the trial discovery process to get to the truth of how, who and why the ban was created?

Peter Perkowski is Legal Director for OutServe-SLDN, which assists the LGBT military community—including active-duty servicemembers, veterans, and Department of Defense civilians—and those living with HIV primarily with legal needs pertaining to equal access, equal treatment, and equal service.

Perkowski said he would not disclose trial strategy but added: “Yes, we are looking into all avenues to prove that this policy is not motivated by legitimate government objective but rather is motivated by bias— and that would include developing evidence that people like people in the [anti-LGBT] religious community had input into how this policy was made and how it was announced. That would be very critical evidence or at least powerful evidence about what deference the court would owe to the ban, for example and whether it survives constitutional review.”

Perkowski says he’s heard the same stories and rumors about what happened behind the scene but he can’t comment because he doesn’t know. “To the extent that we can develop that evidence as part of this trial, that would be very powerful evidence indicating that the government simply cannot meet its burden in justifying this policy under the constitutional standards. I think it would be useful to try to develop that evidence, as well. It would be great to find out who had their hands in the cookie jar, so to speak.”

Perkowski says there are different teams working on different aspects of the case. But, he says, “I’m sure everything is on table.”

When asked if that included deposing Pence, he says: “I’m not going to confirm any discovery effort we’re going to make.” But, he adds, it’s fair to suggest that Pence’s connection to the trans ban is something the teams will look at in the discovery process.

HERE”S THE RULING:

[pdf-embedder url=”http://www.losangelesblade.com/content/files/2018/04/04_13_LAB_Wash_court.pdf”]

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California

California’s LGBTQ+ population braces for wave of federal attacks on rights

Donald Trump’s reelection has prompted concern, fear

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This story is published in partnership with the Queer News Network, a collaboration among 11 LGBTQ+ newsrooms to cover down ballot elections across 10 states. Read more about them here.

Across California, Donald Trump’s decisive victory was seen as a cause for concern among organizers within the LGBTQ+ community. 

Trump’s campaign and the conservatives who aligned with him ran a vehemently anti-LGBTQ+ election, often depicting trans people as dangers to society and uplifted local candidates who elevated LGBTQ+ scapegoating as a reason for poor educational outcomes or moral depravity.

In the outskirts of Southern California, for example, far-right evangelicals have taken over school boards and passed anti-trans “parental rights” policies. Despite grassroots efforts to flip these boards, many of these districts failed to oust the Trump-aligned conservatives this election.   . 

“This election result hits home because it reaffirms the uphill battle our community has been facing — where simply living authentically and with dignity is under constant threat,” said Queen Chela Demuir, president and CEO of Unique Woman’s Coalition, an organization centered on uplifting the Black trans communities. “Our community is painfully aware of the danger this administration poses.” 

Demuir continued by saying that the Trump campaign ‘has shown a willingness to erode protections, make health care even less accessible, and strip away our rights.’ 

“My heart dropped to the floor,” said Bamby Salcedo, CEO of the TransLatin@ Coalition. “I just wanted to get out of my place and run and scream.” 

Salcedo says she’s worried about how Trump’s administration is going to further target trans communities, which have been used as “political pawns” by conservatives. 

“That has been the rhetoric of the conservative movement — diminish, devalue and potentially erase our existence,” Salcedo said. “This election made some people see the reality of our state.”

“This is not new to us as a community and as a people,” Salcedo continued. “Conservatives have been trying to erase our existence since the invasion of the colonizers.” 

Organizers at Queer News Network said the election results have only renewed their focus on pushing back harder against LGBTQ+ scapegoating— which is almost guaranteed to increase under a Trump administration.

Yuan Wang, the executive director of Lavender Phoenix, a queer Asian and Pacific Islander grassroots organization based in San Francisco, suggested not to focus on anxiety. 

Wang said she takes comfort in knowing that eventually even Trump’s supporters will see that his rhetoric isn’t the solution to their problems.

“Dehumanizing trans people isn’t going to make people safer,” said Wang. “Demonizing migrants isn’t going to make our economy stronger.”

Though, she said, “I feel afraid for the most vulnerable members of our community.” 

Wang said this election is particularly heartbreaking for people who sit at intersecting identities such as queer immigrants, those who have been previously incarcerated, currently undocumented, or who have been impacted by the war in Gaza. Wang suggested that many of them have felt both targeted by Republicans and abandoned by the Democratic party.

Several progressive propositions also failed to pass. Though voters said yes to affirming same-sex marriage in the constitution, they also shot down more progressive propositions that aimed to fix soaring housing prices, outlawing prison-based slavery and a higher minimum wage — an issue that impact queer people, who experience higher rates of poverty and homelessness compared to their straight counterparts. 

These leaders also said that California is not immune to enacting conservative agendas, despite often being dubbed a “safe state.” 

“That perspective is dangerous because it breeds complacency,” Demuir said. “No one is completely safe as long as discriminatory policies are on the books.”

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Dems must not abandon trans people after Trump’s win: Kierra Johnson

LGBTQ advocates prepared for all outcomes ahead of election

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National LGBTQ Task Force Action Fund President Kierra Johnson speaks at the group's D.C. Board cocktail reception in September. (Blade file photo by Michael Key)

As Democrats look inward following Vice President Kamala Harris’s electoral defeat, the party must not abandon transgender people or cede the fight to expand rights and protections for the community, National LGBTQ Task Force Action Fund President Kierra Johnson told the Washington Blade.

President-elect Donald Trump’s campaign, and those run by other Republican candidates, spent tens of millions on anti-trans ads leading up to the election, a messaging strategy that has been credited with energizing the conservative base and ultimately defeating Democrats like U.S. Rep. Colin Allred (D-Texas), who ran for Ted Cruz’s (R-Texas) U.S. Senate seat.

Others doubt whether the issue had much, if any, impact on the elections, especially the presidential race — arguing that the results are better explained by headwinds like the post-pandemic disadvantage faced by incumbent leaders around the world, or by the realignment of the American electorate that decisively sent Trump back to the White House.

When she was at Howard University on Wednesday to watch Harris deliver her concession speech, Johnson said she was asked twice whether “the alignment around trans rights was a part of the problem” or whether Harris was doomed by her campaign’s failure to distance the vice president from President Joe Biden. Her response: “God, no.”

Broadly, she said, “it’s pointless to be in this space of, ‘what could the Harris campaign have done differently’ when we’re operating in this context” where authoritarianism and fascism have taken hold while sexism, racism, homophobia, transphobia, anti-immigrant bigotry, and other forms of prejudice are now expressed so openly.

Plus, Johnson added, the vice president “had, what, 107 days of a campaign? And she got that close — that’s pretty damn amazing.”

Challenging the theory that the anti-trans advertising was effective, she said, is (1) the success of so many LGBTQ candidates like Delaware State Sen. Sarah McBride, who made history with her election to become the first transgender member of Congress, and (2) the fact that Trump and his allies did not just leverage anti-trans messaging in their campaigns, but also leaned into other forms of bigotry, from fear mongering about immigrant communities to racist attacks focused on Harris’s biracial identity.

NBC News reported on Friday that hundreds of LGBTQ candidates were elected to public office across the U.S., and many races have not yet been called. According to the LGBTQ+ Victory Fund, the number of known LGBTQ people who ran this year, 1,017, marks a 1.1 percent increase from 2020, with more non-cisgender candidates running than ever before.

About 80 percent have been successful. Several, like McBride, have made history. For instance, Hawaii, Iowa, and Missouri will welcome the first transgender representatives to their state legislatures, Kim Coco Iwamoto, Aime Wichtendahl, and Wick Thomas.

“When I see this many trans people who were voted by the people into elected office, some who were reelected into office, I’m hard pressed to believe that that was the winning strategy,” Johnson said, pointing to wins by other trans candidates in Minnesota, Kentucky, New Jersey, and Illinois.

“The Trump campaign had a lot of bigotry, throughout the first campaign, continuing on till now, that was anti-Black, anti-immigrant, anti-woman, anti-queer, anti-trans,” she said, adding, “There’s an appetite for that kind of racist, bigoted way of doing and being. They did a whole lot of that. And, yeah, I think it spoke to a particular part of their base — and I don’t think that that was about us, what we did or didn’t do right.”

Dividing the Democratic coalition is a losing strategy

“It’s really easy for us to point our fingers at conservatives, right-of-center [folks] or Trumpers or Tea Partiers,” she said. “But it’s harder for us to admit and talk about racism” and other forms of discrimination and prejudice “that is existent and perpetuated in left, leftist parties and left communities and organizations that are doing social justice work.”

“When I hear people who identify as Democrats saying we need to distance ourselves from trans people and perpetuating this notion that that’s why we lost,” Johnson said, “that is transphobia among leftist political people” and evidence of the need to root out and combat it.

“We’ve got to start building our strategies with our whole community intact,” she said. “Not how we’re going to do this without trans people. Not how we’re going to do this without, you know, evangelical Black people. Not how we’re going to do this without people in the Midwest and the Rust Belt or the Bible Belt. Not how we’re going to do this without immigrants.”

Each of those approaches would alienate critical parts of the Democratic base, Johnson said.

Beyond the work of electing pro-equality candidates, she said the movement and the Democratic Party must “affirm the humanity of all of us and build strategies that put the most vulnerable at the center,” which “means we have to question how things have always been done” along with the systems that were not originally designed to accommodate the full diversity of people they serve.

“Part of it is about representation,” Johnson said, “the presence of non-binary, trans, queer people in the work, in ads, in media. But it’s also a power analysis” that involves, or requires, talking “about trans people not as a separate community of people, but part of the different communities we are in.”

For example, trans people are experiencing the struggle for affordable housing as much as anyone else, she said. “Regardless of the work that we’re doing — prison reform, voting rights, housing access — put our people at the center, trans people at the center, as yet another voice that is a part of that whole.”

The success of LGB and queer and trans candidates last week, and the protections for LGBTQ people and women’s reproductive freedoms in ballot measures that passed in states like New York, were important, Johnson said.

At the same time, “what I want people to understand,” she said, “is we’ve got to move beyond identity politics and representation and really think about how we are building power. So with these wins, how are we leveraging them for gained power in our communities? We’ve got to be working overtime to come up with the pathways and strategies to leverage that power toward progress for our whole community.”

LGBTQ movement ready for incoming administration

When asked to share a message for the LGBTQ community in the wake of the election, Johnson said “we’ve got to create space and time to feel and heal,” but “we also have to find our organizations, our community partners, our friend groups that we can actually dig in with to get the work done.”

“You have every reason to be mad, sad, confused, frustrated,” she said, “but do not be helpless.”

Johnson added, “Our communities have been resilient through decades, centuries. And that perspective is important. While we are in hard times, our ancestors and foreparents created a lot of progress, and now we’re called to do the same. We have a responsibility to do the same.”

“A lot of our peers didn’t make it to be freedom fighters,” she said, but “we have. Let’s step into that power.”

While LGBTQ advocacy groups, including the Task Force, are expected to lose their seats at the table once the Trump-Vance administration takes over in January, Johnson told the Blade, “That’s all good, because the power is actually in the people anyway.”

“Access to the White House, influence in the White House, is important,” she said, but “that’s never been the end-all-be-all. We know that power is built from the grassroots up, and so that just gives us more time to organize and strategize with our people on the ground.”

“Bring it,” Johnson added. “We’ve got powerful, powerful voices. Folks who are in Texas and in Michigan and Ohio, that that are ready. They’re ready to dig in, to keep this fight going — and to fight smarter, and in a broader, bigger coalition.”

“While we couldn’t have predicted exactly where we were going to be today, the Task Force and other organizations in the LGBTQ movement have been doing scenario planning for months,” she said, “so we’re not caught with our pants down. We’ve run scenarios, and we are already moving to implement different strategies in the communities that we’re working in.”

Johnson highlighted the Task Force’s flagship “Creating Change” conference in Las Vegas from Jan. 22 to 26, where the organization will be “bringing together legal minds to actually do, basically, office hours on-site,” allowing attendees the opportunity to consult attorneys with questions about their rights and protections under the next administration.

“It’s not about advocacy,” she said. “It’s about taking care of our people. I think you’re going to see more of that — in addition to the policy and advocacy work, more is going to be done to actually hold and support and protect our people.”

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Federal Government

House races could decide Department of Education’s future

Second Trump administration could target transgender students

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The Lyndon Baines Johnson Building, Washington D.C., headquarters of the U.S. Department of Education (Photo Credit: GSA/U.S. Dept. of Education)

The Associated Press reports that more than a dozen races for seats in the U.S. House of Representatives, including 10 for congressional districts in California, remain too close to call as of Tuesday — a full week after voters cast their ballots on Nov. 5.

Democrats hope that if they can flip the lower chamber, which is now governed by a narrow Republican majority, it might function as a bulwark against President-elect Donald Trump, his incoming administration, and the 53-47 majority in the U.S. Senate that his party secured last week.

If, on the other hand, the GOP retains control of the House, the Republican victory would clear a major roadblock that could otherwise have stymied a major plank of Trump’s education agenda: Plans to permanently shutter the U.S. Department of Education.

Congress ultimately scuttled the former president’s effort to do so during his first administration — though, technically, the proposal then was to merge the agency with the U.S. Department of Labor.

The Wall Street Journal notes that some Republicans, at the time and in the years since, have come out against plans to abolish the 44-year-old agency, in some cases even objecting to major funding cuts proposed by Trump that they understood were likely be unpopular.

However, if the second term plans for DOE as delineated in the Trump campaign’s Agenda47 and the Heritage Foundation’s Project 2025 governing blueprint become a major policy priority once the incoming administration takes over in January, reluctant Republican lawmakers will face tremendous pressure to get out of Trump’s way.

Federal government will remain in schools to advance anti-trans, anti-woke agenda

Among other responsibilities, DOE disburses and manages student loans, enforces the civil rights laws in public schools, and provides funding for students with disabilities. The agency’s programs, such as Title I, offer assistance for low-achieving or high-poverty K-12 schools, while Pell Grants help undergraduates who otherwise would not be able to pay for college.

It is unclear whether or how those functions will continue if the DOE is disbanded.

Trump’s aim, at least in large part, is to give states — rather than the federal government — the ultimate say over how their schools are run. At the same time, perhaps paradoxically, the other cornerstone of his education policy agenda is to issue proscriptive rules governing the content, curricula, and classroom discussion that will be permitted in the country’s public schools.

Specifically, this means “critical race theory, gender ideology or other inappropriate racial, sexual or political” topics or materials are forbidden. Reasonable people are likely to disagree about what is and is not “inappropriate,” and they may well have different, even disparate, definitions for terms like “gender ideology.”

When Florida and other states enacted similar anti-LGBTQ content and curricular restrictions in their public schools, critics warned the ambiguous language in the statute and the resulting confusion would lead to censorship, or perhaps self-censorship, especially for students and staff who, by virtue of their skin color or sexual orientation or gender identity, are more likely to be targeted with targeted or overzealous enforcement in the first place.

DOE plays major role investigating alleged civil rights violations in schools

According to the National Education Association, “federal civil rights laws prohibit school boards and other employers from discriminating against or harassing staff or students based on their sexual orientation or gender identity,” which “means, for example, that a school district may not prohibit only LGBTQ+ educators from answering students’ questions about their families, may not prohibit recognition and discussion in class only of LGBTQ+ families, and may not require that only LGBTQ+ students hide their sexual orientation or gender identity at school.”

However, the NEA warns, “some school districts, administrators, and the Florida Department of Education may nonetheless choose to do so until a court orders otherwise.”

If officials at a public high school allow heterosexual teachers to display family photos in their classrooms but warn the openly gay teacher that he must put his away or be terminated for violating restrictions on in-school discussion of sexual orientation and gender identity, the manner in which the policy was enforced against him would presumably run afoul of the federal civil rights laws, which prohibit discrimination on the basis of sexual orientation.

The teacher could assume the expense of hiring an attorney to pursue legal remedies, shouldering the burden and the risk that litigation that could drag on for months and conclude with a judgment in favor of his employer. Alternatively, until or unless Trump dissolves the agency, he could file a complaint with DOE’s Office of Civil Rights.

Alternatively, until or unless Trump dissolves the agency, the teacher could file a complaint with DOE. The agency’s Office of Civil Rights would evaluate the information he shared to determine whether there were sufficient grounds to open an investigation and, if so, would deploy “a variety of fact-finding techniques” that can include a review of documentary evidence submitted by both parties, interviews with key witnesses, and site visits.

After the investigation is complete, if a “preponderance of the evidence supports a conclusion that the recipient failed to comply with the law,” OCR will attempt to negotiate a resolution agreement. If the recipient refuses to resolve the matter in this manner, OCR can “suspend, terminate, or refuse to grant or continue federal financial assistance to the recipient, or may refer the case to the Department of Justice.”

According to the DOE’s website, the agency has 11,782 investigations that were open as of Tuesday, with complaints against institutions of all kinds operating in all 50 states, from rural elementary schools in the Deep South to prestigious medical schools, community colleges, and charter schools for students with developmental disabilities. Likewise, the six civil rights laws over which OCR has jurisdiction cover a wide range of conduct, from sexual harassment to discrimination, retaliation, and single-sex athletics scholarships.

Should Trump succeed in abolishing the department, it is not yet clear how those active investigations will be handled, nor how complaints about violations of civil rights law by educational institutions would be reported and investigated moving forward in the agency’s absence.

During his first administration, Trump passed proposed changes to Title IX of the Education Amendments of 1972, which retooled the process for reporting sexual assault on college campuses in ways that were widely seen as imbalanced in favor of the accused.

President Joe Biden in April issued new guidelines that featured “significant shifts in how institutions address sexual harassment, and assault allegations while expanding protections for LGBTQ+ and pregnant students,” the American Council on Education wrote. Specifically, the administration provided a “new definition of sexual harassment, extending jurisdiction to off-campus, and international incidents,” while “clarifying protections against discrimination based on sexual orientation, gender identity, pregnancy, and parenting status.”

The regulations sidestepped thornier questions, however, about how schools should approach issues at the intersection of gender identity and competitive sports, specifying only that they should avoid bans that would categorically prohibit transgender athletes from participating.

Shortly after the Biden administration’s guidelines were introduced, Trump vowed they would be “terminated” on his first day in office. He also pledged to enact anti-trans policies that appear to have been modeled after some of the most extreme of the roughly 1,600 anti-trans bills that conservative statehouses have proposed from 2021-2024.

Among other promises Trump made during the campaign were plans to enact a nationwide ban on trans student athletes competing in accordance with their gender identity, a federal law that would recognize only two genders, and the prosecution of health care providers who administer gender affirming care to patients younger than 18.

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Politics

HRC’s Brandon Wolf reflects on Trump’s victory, path ahead for LGBTQ movement

He joined the Blade for a conversation on Rated LGBT Radio

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Human Rights Campaign National Press Secretary Brandon Wolf (Washington Blade photo by Michael Key)

Human Rights Campaign National Press Secretary Brandon Wolf and Washington Blade White House reporter Christopher Kane spoke with Rated LGBT Radio on Thursday, following Donald Trump’s victory over Vice President Kamala Harris.

They covered subjects ranging from the impact of anti-trans advertising by the former president’s campaign and other Republican candidates in down-ballot races to the future of the Democratic Party and what lies ahead for organizations in the LGBTQ movement.

Prior to joining HRC, Wolf served as press secretary for Equality Florida. A survivor of the 2016 Pulse nightclub shooting in Orlando, he is recognized for his work in LGBTQ advocacy, public speaking and media appearances, and his critically acclaimed 2023 memoir “A Place for Us.

The conversation has been edited for length and clarity.

MODERATOR: What is the mood at HRC and what are leaders and staff saying?

BRANDON WOLF: Like millions of people, the folks at HRC are heartbroken. I know I can speak for myself in saying that I am most heartbroken for those who have had their humanity questioned for years by Donald Trump and the MAGA movement. I’m most heartbroken for those who have been in the crosshairs, who have seen their freedoms and rights stripped away in state after state, in places like Texas and Tennessee and Florida. I’m heartbroken for the families who have been terrorized by their political leaders for years because of the kind of environment that people like Donald Trump have created, and I’m heartbroken for all the people who aren’t sure what happens next, the people who’ve listened to Donald Trump’s words, who’ve seen the ads that he’s run, who’ve read through Project 2025 and are deeply concerned about what happens next for themselves and their families.

This is a really challenging time, and the obstacles we’re facing are incredibly difficult, but we’ve also been here before as a community. I think about our ancestors a lot. I think about when we were being beaten and brutally assaulted by police officers, we fought back at Stonewall, and birthed a movement when people were dying by the 1,000s of AIDS and leaders refused to acknowledge that pain and suffering. We fought back, we formed Act Up, and we brought ourselves to this moment in time where we have the opportunity to potentially end that epidemic in our lifetime. We have been in incredibly challenging circumstances before, and at every one of those moments, we’ve locked arms with each other. We’ve chosen to get through it together. We dared ourselves to imagine what’s possible when we finally overcome those hurdles, and at every one of those moments, we have been successful. We’ve made progress happen. So, I’m heartbroken by the results of the election, but I’m certainly not feeling broken today.

MODERATOR: What are you hearing from LGBTQ groups you’ve spoken with in terms of their reaction to the election?

CHRISTOPHER KANE: The remarks that we just heard from Brandon actually echo what I heard earlier from Kierra Johnson, who’s the president of the LGBTQ Task Force and Task Force Action Fund. She was saying how we have this rich history as a community of activism, and how brave our forebears have been and how many of our brothers and sisters lost their lives defending our rights.

Something that I think these advocacy groups will be thinking about is what the next administration might cost [them], in terms of their access to levers of power. To what extent is the Trump administration going to work with these groups? And that means kind of a change in strategy, because the focus becomes, you know, political organizing and a lot of the other work that’s so important that these groups are engaged in, right? You know, whether it’s going out into the field and helping people get, in our community, get exactly what they need, Whether it’s providing legal resources for folks, in light of what we’re going to see in terms of regulatory and legal changes over the next administration. So there’s just so much work to be done.

[Note: Johnson told the Blade that Task Force and the other movement groups had been “doing scenario planning for months” to prepare for all possible outcomes, and together are already “moving to implement different strategies in the communities that we’re working in.”]

MODERATOR: It seems the Trump campaign sought to divide the community between LGB people on one side and trans and nonbinary communities on the other. VP-elect J.D. Vance saying, for example, that the ‘normal gay guy’ vote would break in their favor.

WOLF: First, I’m loath to let J.D. Vance tell anybody what normal is supposed to be. But the truth is, the data does not bear out that they won any significant part of the LGBTQ+ community. Exit polls show that people in the community backed Harris over Donald Trump by a 70 point margin, 84 to 14. That margin is second only to Black women in support of Vice President Harris. So, the LGBTQ+ community continues to be a very reliable part of the Democratic coalition, and I think that is because of a couple of things: Number one, we understand what’s at stake. We understand what we have to lose in these elections. We understand what we’re up against in Donald Trump. And number two, in Kamala Harris and [her VP pick, Minnesota Gov.] Tim Walz, we had real champions for our community — career-long champions who were doing the work of equality even before that was, maybe, politically advantageous or easy for them to do. It was Kamala Harris who was performing some of the first same-sex marriages in California when the country was having a debate over whether or not we should be able to get married at all. It was Tim Walz who, in the late ’90s, as a football coach, was the sponsor of the Gay-Straight Alliance club at his high school.

So, I think you saw that drive turnout in the LGBTQ+ community. That number expands when you get into some of these highly competitive battleground states. In Arizona, equality voters, who are people who prioritize LGBTQ+ equality when deciding who to vote for, equality voters backed Democratic candidates by a 92 to seven margin. So, again, we’re talking about a community that understands what’s at stake, and really showed up in this election cycle.

The other thing I want to address is, you’re talking about the MAGA agenda of driving people apart from each other. This is the old playbook. This is the right-wing playbook that they use every single time. And it’s because the MAGA agenda is not one that is designed to bring people together. MAGA candidates and campaigns don’t have a vision for our country. They don’t fundamentally believe in a multi-racial, multi-generational democracy, and so the only thing they have to offer the American people is division, chaos and hate. They pit neighbors against each other. They turn one community against another. They dare us to build higher walls and taller fences, because so long as we’re fighting with each other, we won’t find the time or the resources to organize against them collectively. And so that is what they have to offer us, this agenda of chaos, division, and hate, and that is what they’ve been trying throughout the election cycle, instead of offering policy proposals to help people address the cost of housing or groceries, instead of offering offering real comprehensive conversations on immigration reform, for instance, they serve up hate and xenophobia and transphobia and general bigotry. So, I think we have to be wary of falling into that same trap.

We’re going to spend years dissecting the election and figuring out how to build a winning coalition moving forward, but I can tell you that scapegoating trans people in this moment is not going to help us build the path forward. I think at HRC, I can speak for us that you know our job is to be in community with those other organizations. We’ve already been having conversations throughout the election cycle with our progressive partners, people in the labor space, people in the immigrant rights space, people in the civil rights space, the voting rights space, certainly the reproductive freedom space and others. We have to keep those conversations going. We have to make sure that we’re building a plan and a strategy that organizes communities across issue areas, and ultimately, we’re going to have to be united. We have to be a united front in defense of democracy and freedom and our basic civil liberties.

KANE: As Brandon said, first of all, the exit polls show that this strategy of dividing communities didn’t work, and it should come as no surprise, because [Brandon is] exactly right — that’s not how to win. We’re much stronger together.

It’s only been, what, less than 48 hours, right, since the election was called? We still have to collect a lot of information, and there’s plenty of time for reflection and recrimination and everything else to figure out exactly what happened here. To the extent possible. But I think one thing worth probing is whether the spend by Republicans on anti-trans advertising had any effect. And I think that’s something that’s perhaps worth looking into and maybe examining what would be the best way to respond to those anti-trans commercials. Should the campaign have done more to address it directly? Should they have pivoted to an economic message and said, you know, Republicans want to focus on [going after trans people] at the expense of improving materially the lives of the American people? You know, there are a lot of directions you could take that, but I think it’s worth revisiting in the future when we have more information.

MODERATOR: At Equality Florida, you fought against the extreme anti-LGBTQ laws passed under Gov. Ron DeSantis (R). How should the community prepare for or respond to those policies if or when they are introduced at the federal level after Trump takes office?

WOLF: Project 2025 is horrifying, but it’s not all that surprising if you’ve been living its beta test for years, and people in places like Florida and Texas and Tennessee have indeed been living this beta test of Project 2025. I think the next steps come in phases in my mind. And I would say, we start with community. We have to take care of our people. I’ve been at several of these inflection points when bad legislation is passing and leaders are trafficking in dehumanizing language, and the first thing we do is is reach out to people and ask what they need. I know that that’s what we’re going to be doing at HRC. We’ve got some plans in place to be with community, gathering information, listening, hearing what folks need. We’ve already put out a number of mental health resources that people can get access to. So, in these really difficult moments, we have to start with community. I’ve been in some really dark moments in my life, and in those moments, I didn’t know that the next day was worth living for, but it was community that reminded me I had to get up and fight every single day. We’re going to need that community right now more than ever.

The second thing I would say is we have the same rights today as we did when polls closed on Tuesday. In fact, we have the same congressional makeup today as we did when polls close on Tuesday. And there’s work to be done so long as we have control over the White House [and] a pro-equality majority in the Senate. There are things that we can do. I know that we’re having conversations internally with the administration to see where we can safeguard and shore up people’s access to freedoms and rights. We’ve got to do that work during the lame duck session.

And finally, I think we have work to do once Donald Trump is inaugurated. We’re going to have to work with Congress to try to blunt some of the attacks that will come through the legislative branch. We’re going to have to work with governors and state legislatures to try to safeguard people’s freedoms and protections on the state level. And we’re going to have to work with our foundation, our educational programs, to change the culture, to humanize people. So often we can get lost in the political rancor. People become talking points. It’s our job to put human faces and stories behind the policies that we’re debating, and we’re going to have to do that — whether it’s, you know, in classrooms, talking to young people about the kind of future they want for themselves and their peers, or whether it’s workplaces, challenging companies to make their values more than just a dusty poster on a wall, but living, breathing values that make people’s lives fundamentally better. So, it’s going to take a whole of organization, a whole-of-community approach, to resist Donald Trump, but I don’t want us to skip past the part where we we take care of each other first for a second.

MODERATOR: Reactions to Delaware State Sen. Sarah McBride’s victory in her race for the state’s at-large seat in the U.S. House, which distinguishes her as the first transgender candidate elected to Congress?

WOLF: You’re spot on when you’re talking about the power that Sarah has, and I don’t want to lose that. You know, Tuesday was a rough night in the presidential, and certainly did not go the way we wanted it to in other races, but we can’t lose sight of the historic wins that we got either. Sarah McBride’s victory is groundbreaking for people. There are trans kids out there who are wondering whether or not this country loves them, who will look up and see Sarah McBride’s face on a television screen and believe that they can be whoever they want to be. That really matters. When we say representation matters, that’s what representation really looks like.

And when you’re talking about the story that Sarah tells just by walking the halls or or giving speeches from the floor, don’t forget that Sarah did not just win this race for Congress. She dominated in the primary field because of her record of service. She cleared that field very early on. Adnd then in the general election, she garnered the highest support among any other Democrat running in Delaware, except for one, the insurance commissioner. We’re going to have to dissect how that happened. But, you know, we’re talking about Sarah McBride getting more votes, you know, than folks running for governor and for Senate. So Sarah is a gravitational pull right now in Delaware politics, she is a groundbreaking win for the community, and it matters that she got there by being an incredibly talented champion for her constituents.

And so, to answer your question, yes, we have to tell the story of why Sarah McBride’s race is historic, why her serving is groundbreaking. And we have to tell the story of how Sarah got there, that she got there by doing really good, hard, work. By connecting with her constituents. By delivering results for people every single day. That’s what it looks like to be successful. And when we tell those full, rich stories of all that people are, that’s when we see them as human, right?

I think we can do such a better job in the media and in digital social media spaces [of] telling the rich fullness of people’s lives. I want to hear the stories of the trans business owners. The trans parents. I want to hear the story of the trans woman who just graduated from law school. I want to hear those rich, full stories, and that’s how we chart a new path.

KANE: I agree with everything Brandon said. You know, I’ll add that when I interviewed President Biden at the end of September, one of the things we talked about was Sarah McBride. And he said something, I wish I had the exact words in front of me, but it was something like, ‘Sarah’s going to be, I pray to God, a member of Congress.’ And I think he understood and understands and was communicating just the unbelievable power of having a transgender woman serving in the United States Congress, and everything that that means.

And it’s not, of course, just that she’s elected and is serving there, but it’s the work that she’s going to be doing when she gets there. And, you know, Sarah is the real deal. She’s so widely respected and for her work, I mean, as a state senator in Delaware, she was very effective in securing a bill that provided paid family leave for people in Delaware. So, she’s just been very effective, and, again, very widely respected.

MODERATOR: The Trump-Vance administration will bring an influx of insiders — lobbyists, staffers, attorneys, advisers — to Washington. When contending with new policies concerning LGBTQ rights, how critical will it be to work with those folks, and what does that look like?

KANE: I just had a conversation with a senior employee at a federal government agency, and I was asking her about what the transition process looks like. I’ve never covered a presidential transition, but the process is more or less consistent and tends to work in the same way each time. You have folks that are eager to make their ins and make inroads at various agencies, and they have their eye on various jobs.

And then there’s a lot of, I think especially with this crowd, frankly, a lot of people knifing each other. There are warring factions. Also so that’s something that we need to understand, like within the Republican Party and even within Trump’s closest group of aides, there was conflict. A lot of conflict. So, ultimately, yes, of course, like it comes down to the people that are really effectuating these policies and and also the question, of course, of how effective they can be, especially where there’s a lot of dysfunction. And I think we can probably expect to see — as much as we’ve been promised that this administration is going to be a lot smoother, and he knows what he’s doing this time — I think based on the reporting about how his campaign went, that we can expect a lot of dysfunction.

WOLF: I will cosign that and say, you know, one of the things that people warned about Trump’s Project 2025 plan all along was this idea of purging the federal government and replacing dedicated career public servants with Trump acolytes. And what that would mean for those levers of power, right? You think about people like Stephen Miller and Steve Bannon and the devastating impact they had the first time, you can just imagine a federal, you know, government full of people like Stephen Miller and Steve Bannon, with very few people there to act as a check and a balance.

Your second point is so important to me, Chris, which is about dysfunction. When you put unqualified, incompetent people in important positions, then systems and structures break down, right? You’re talking about putting Elon Musk in charge of anything — I’m not sure he knows how government works, and it concerns me that he would be overseeing large government agencies that have complicated functions that impact people’s daily lives. You’re talking about some of these other people that just have no background in public administration. They don’t know how these agencies are supposed to function, and you’re putting them in positions because they’re a pal or they’re a yes man. That’s incredibly dangerous, that the federal government plays a critical role in people’s everyday lives, and putting incompetent people in these positions could do real damage.

KANE: And it’s even hard when they put people in there that are really competent, because — this is part of the conversation I was having earlier today — it’s even hard for the most qualified people, because it is such a short timeframe to learn everything about the way the institution is run, whether it’s the Justice Department, State Department, or whatever. [New appointees and officials have to learn] everything from where the bathrooms are and how many employees are there to, you know, what are the active investigations that the outgoing administration is going to put in your hands? So you can imagine that having somebody in there that doesn’t know what they’re doing. I mean, you can imagine, right?

MODERATOR: How are LGBTQ movement organizations looking at the threat posed by Trump’s appointment of more judges on the federal bench?

WOLF: We’ve seen the devastating impact, not just on the Supreme Court level, but across the judiciary of Trump stacking the court system with his acolytes and, again, sometimes it is incompetence. We saw that with the judge down in Florida, where she just didn’t really know the basic functions of the job, and clearly had been put there to help influence cases in a direction that someone like Donald Trump might like.

And then, you know, you look at some things that are maybe more sinister, which is this bench of candidates that organizations like the Heritage Foundation and the Alliance Defending Freedom have groomed for these positions to use their roles as judges to reshape the United States of America legally and culturally. We saw the impact of that, obviously, most infamously with the Dobbs v. Jackson decision that overturned Roe v Wade. There, you had these candidates who had been hand picked and groomed through the system, through the right wing system, who got up there, lied to the Senate committee, said that Roe v Wade was decided precedent, that there would be no reason to go back on that kind of precedent. Yet [they were confirmed and seated] and immediately [went] after Roe v Wade protections and precedent.

We’re in a very precarious position with a President Donald Trump and a Senate majority who could further stack the judiciary. And then you look at the threat on the Supreme Court. There’s a very real possibility that he could, you know, harass one or two justices into leaving and replace them with 40-year-old candidates that have been groomed and hand picked and cement a conservative majority on the Supreme Court for a very long time to come. So I think that’s why people named, in the beginning, the threat that Trump posed to the courts. That’s why it was a part of people’s pitch during the election cycle. And we’re up against some real challenges with him nominating judges.

KANE: I’m nodding in agreement. Kevin Jennings, the CEO of Lambda Legal, made the point recently that if she serves as long as Ruth Bader Ginsburg did, [Trump-appointed] Justice Amy Coney Barrett would leave the court in, I think he said, 2049. We’re talking like generational impact in terms of the rightward shift of the judiciary that we’re going to see in the next administration.

The [incoming] Trump administration is expected to be able to appoint, I believe, roughly as many judges as the Biden administration did, and as many as the [first] Trump administration did. I believe the first Trump administration also perhaps set a record — or, if not, came close — in the number of judges on the federal bench that they appointed. So we’re about to see massive, massive changes throughout the country. And, you know, it really matters who these judges are. They’re deciding things that affect our everyday lives for people across the United States.

WOLF: I don’t want to get ahead of our legal team on what potential litigation tactics might look like, but I will say they know the law really well. They’re very savvy about understanding the ways in which discriminatory policies violate the law. They’re really good at helping to tell that story in courtrooms across the country, and every case is very different. So it is likely that there will be a lot of strategizing in the months and years to come.

MODERATOR: Over the past few years, a number of Democratic governors have made refuge for trans people who live in other (redder) states that have anti-trans laws and healthcare restrictions on the books. This week, many of those same governors pledged to resist a number of the incoming administration’s proposed policies. Where does that leave LGBTQ folks?

WOLF: We can’t deny that that’s happening to people, that they have been forced from their homes. I know plenty of people that I love and care about a lot who have made the really difficult decision to leave their homes. There was a trans woman that I used to work with in Florida who. through tears, called me one day and said, ‘if you see a GoFundMe on my Facebook page, it’s so that I can save enough to rent a U-Haul, put all my stuff in it, and I’ll just drive until I find somewhere that’s safer.’ Those kinds of stories are heartbreaking, and they’re already happening around this country. Trans people are made into refugees in their own states.

And I also think we can’t lose sight of the fact that some people just can’t do that, right? It’s too complicated for them to move. Maybe they’re taking care of a family member, or they have kids that are enrolled in school, or they can’t afford it. Maybe they’re in a home that their families had for generations, and they don’t want to leave it behind. People deserve to be treated with dignity and respect they deserve to have their humanity respected in their home. That’s what I get so passionate about, is that people should not be forced — in order to get the basics, the fundamental freedoms that they deserve simply on the basis of being a human being.

It’s going to be our job to, one. help to expand protections [for trans people that were passed in some blue states]. Minnesota is a great example. Under Governor Walz’s leadership, they’ve become a refuge for people who are seeking health care access. It’s going to be our job to help support those states and expand their footprint to give people as many options as possible, and it’s going to be our job to help get resources and support to people who are in states where they are facing the highest hurdles.

MODERATOR: Trump has promised to disband the U.S. Department of Education. He and his allies support anti-LGBTQ curriculum restrictions, book bans, etc. What are your concerns with the incoming administration’s approach to education?

WOLF: Project 2025 is a 900+-page manifesto of terrifying things, and this might be one of the most terrifying among them, which is the complete dismantling of our public education system. Just for reference for folks, as a society, we’ve decided that education K through 12 is a right, and that everyone should be able to have access to it, because it helps us build a better society together, that young people deserve to be able to go to school to get an education so they can go out and be the thriving adults they deserve to be.

The MAGA agenda stands in opposition to that idea that everyone should have access to education in that way, and it is in part because education poses a threat to the MAGA agenda. The more people know about who we are as a country and who we’ve been, the more they ask questions about who we want to be in the future. The more access they have to different kinds of communities and different lived experiences. The more compassionate they are to those lived experiences.

And MAGA can’t have that. Their agenda, again, is built on division and chaos and hate, and so they work to dismantle the education system. They work to influence young people by destroying their access to one of their most fundamental rights in this country. Dismantling the Department of Education would be disastrous for people, and I want people to maybe consider what it would mean for folks in everyday life. Schools are not just a place to learn, they’re a place where young people are for long periods of the day. Everything that they interact with while they’re at school impacts who they grow up to be. And families rely on schools to keep their kids safe, to make sure their kids are treated with dignity and respect, to make sure they get a good education. So disrupting the education system in this country would be absolutely devastating for families all over the place, and especially so for LGBTQ+ young people, many of whom don’t have a safe space outside of the classroom where they spend so many hours of the day.

MODERATOR: What is your advice for LGBTQ people, including young queer and trans people, who are worried?

KANE: As a journalist, I am poorly positioned to answer such a question, especially relative to someone in the advocacy or political organizing space, or someone with experience in social work and mental health. It’s not an easy question. I would encourage folks to look out for their personal welfare and the welfare of their families and friends, to lean on other people, and to avail themselves of the resources provided by LGBTQ movement groups like HRC.

WOLF: Especially for trans and non binary folks, things feel really daunting, for good reason. As someone who’s been on the front lines in Florida before and has seen these things firsthand, the first thing I would recommend is feel all the feelings. I have routines on days where I’m feeling all the feelings. Everybody has their routine, but you have to allow yourself to feel it. Sometimes the temptation is to bury yourself in work or to become numb to it, or try to tell yourself that your feelings aren’t valid or that you’re overreacting, but you have to feel all the feelings.

And the second thing is what Chris said, which is to lean on people around you. As I mentioned, I’ve been through some pretty dark times in my own journey, and on the days where I wasn’t sure that tomorrow was worth waking up for, it was the little things. It was somebody offering a shoulder to cry on. It was the woman at Publix who offered a hug even though she didn’t know what I was going through. It was the woman at the bank who offered me a tissue when I couldn’t stop crying. It was the person at a vigil who wrapped their arms around me and told me that I was loved exactly as I am. It was that sense of community that reminded me that every day is worth getting up and fighting for. We’re going to need that community in this moment. So feel all the feels. And then, as Chris said, lean into each other, do everything you can to care for each other. We’ve been through dark times. We’re in dark times again. And we’ve gotten through them before, but only together.

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California Politics

Mark Gonzalez triumphs: A new era begins for Assembly District 54

Gonzalez will now represent neighborhoods in Montebello, Commerce, East L.A., Boyle Heights, Chinatown and Koreatown

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Photo Courtesy of Courtney Lindberg for Mark Gonzalez's campaign.

LGBTQ+ Democratic candidate Mark Gonzalez wins Assembly District 54 seat against John Yi and succeeding Assemblymember Miguel Santiago (D-Los Angeles), who did not seek reelection for the position. 

Both first-time candidates ran to represent one of the poorest districts in the state, with Gonzalez securing over 12,000 votes over Democrat John Yi, who ran against Gonzalez. 

“Running to represent AD54 and earning the votes of those in our community, has been the honor of a lifetime,” said Gonzalez in an X post following the announcement of his win. “I remain committed to serving its people and our state as its next Assemblymember. 

His opponent Yi, is the Executive Director of Los Angeles Walks, a pedestrian advocacy group and self-titled Local Nonprofit Leader. Yi is also a Democrat who championed a single-payer healthcare system that would insure all residents of California and previously advocated for the expansion of Medi-Cal benefits for all Californians, regardless of immigration status. 

Gonzalez raised nearly ten times more than his opponent, who has had a history in nonprofit leadership and multiracial coalitions to promote health and justice-centered policies. 

While running for Assembly, Gonzalez championed raising wages for working families, tackling LA’s homelessness and affordability crisis, and a guarantee for healthcare to all. 

Gonzalez is an Assembly staffer who has served the area for over a decade, former Chair of the Los Angeles Democratic Party and Equality California Institute Board member. He worked for former Assembly Speaker John Pérez and served most recently as District Director for the current Assembly member, Miguel Santiago. 

“This win is a testament to his dedication to the community and his vision for a more inclusive and equitable Los Angeles,” said Equality California’s executive director, Tony Houang. “We look forward to seeing the positive change he will bring to the Assembly and our state. On behalf of Equality California, we are excited to partner with him to continue the fight for equality and justice for all.” 

As a former Chair of the L.A. County Democratic Party, Gonzalez championed change to make community college free, protect air and water quality, make housing affordable and safeguard abortion rights. 

He grew up as the son of a single mother who relied on Section 8 to provide housing for them. He is a renter, organizer and activist who knows that the system as it is now, is not working towards the progress, safety or well-being of the marginalized and low-income communities of this district. 

“I look forward to working with my colleagues in Sacramento to advance bold, common-sense policies that will make a meaningful impact on individuals and families across the state.” 

Gonzalez will now represent District 54, will be responsible for neighborhoods in Montebello, Commerce, East L.A., Boyle Heights, Chinatown and Koreatown. 

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United Nations

Elise Stefanik nominated to become next UN ambassador

N.Y. Republican voted for Respect for Marriage Act in 2022

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U.S. Rep. Elise Stefanik (R-N.Y.) speaks at the Republican National Convention in Milwaukee on July 16, 2024. (Washington Blade photo by Michael Key)

President-elect Donald Trump on Monday announced he will nominate U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N.

“Elise is an incredibly strong, tough, and smart America First fighter,” Trump said in a statement that announced the nomination.

Stefanik, 40, has represented New York’s 21st Congressional District since 2015. She has chaired the House Republican Conference since 2021.

Stefanik in 2019 voted for the Equality Act, but she opposed it in 2021. Stefanik in 2022 is among the dozens of Republicans who voted for the Respect for Marriage Act that President Joe Biden signed.

Stefanik, among other things, has also been outspoken against anti-Semitism on college campuses. She would succeed U.S. Ambassador to the U.N. Linda Thomas-Greenfield if the U.S. Senate confirms her.

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World

Out in the World: LGBTQ+ news from Asia, Europe, and the Middle East

Spanish government wants constitution to protect marriage equality, abortion rights

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(Los Angeles Blade graphic)

JAPAN

A coalition of 19 prefectures and more than 150 municipalities has created a Partnership System Municipal Cooperation Network, in which all member governments agree to recognize each other’s same-sex partnership registries. The new system should help same-sex couples ensure their partnerships remain valid if they move or maintain multiple residences.

Because same-sex marriage is not currently legal in Japan, 30 of Japan’s 47 prefectures and more than 400 municipalities have established “partnership oath systems,” in which same-sex couple can register their relationships to help them access local services that are restricted to couples, such as housing, insurance, and medical decision-making. However, these registries are not legally binding and confer no direct rights on the couples. 

Prior to the establishment of the PSMCN, couples who had registered in one municipality or prefecture could face difficulty having their relationship recognized in a different location. About one quarter of Japan lives in a place that does not recognize same-sex couples of any kind. 

Meanwhile, several cases seeking to establish a right to same-sex marriage continue to wind their way through the courts. 

Five out of six lower courts that heard equal marriage cases have issued rulings that the ban on same-sex marriage is unconstitutional, as have both upper courts that have heard cases. This week, the Osaka High Court is set to hear an appeal of the lower court’s decision that the ban is constitutional. The Fukuoka High Court will hear an equal marriage case in December. All of these cases will likely eventually be heard by the Supreme Court. 

Most of the leading figures in Japan’s long-ruling Liberal Democratic Party have been deeply conservative on sexuality issues, which has stalled hope for progress on same-sex marriage at the legislative level. But last month’s snap elections returned a minority parliament in which a bare majority of legislatures have expressed support for same-sex marriage.

SPAIN

The governing Socialist Party announced it wants to amend the constitution to protect same-sex marriage and abortion rights, amid the rise of far right parties that have stated their goal of rolling back LGBTQ+ rights in Spain and across Europe.

The proposal is laid out in the party’s plan for the current national congress which was distributed to its provincial counterparts for debate this month. The document aims to include “the social achievements of the last decade” into the constitution, an effort which the document itself acknowledges may be “impossible,” but which the party wants to achieve.

Among other proposals are protections for social housing and setting a floor for the minimum wage at 60 percent of the average wage.

Spain has seen its far-right Vox Party grow rapidly over the last decade winning seats in parliament and local and regional councils. In regional governments where Vox has formed coalition governments with the more mainstream conservative People’s Party, it has already rolled back LGBTQ+ rights progress. 

In the Madrid region, where PP and Vox govern together, they rolled back laws banning anti-LGBTQ+ discrimination and so-called conversion therapy, and ending recognition of transgender people, though the law was later stopped by the Constitutional Court.

It’s unlikely that the PSOE will be able to amend the constitution as that would require a three-fifths majority of both houses of parliament to pass, and PSOE only holds a minority of seats in both houses.

UNITED KINGDOM

The Conservative Party has elected as its new leader Kemi Badenoch, a legislator with a long history of espousing anti-trans and anti-LGBTQ+ viewpoints. Badenoch also makes history as the first Black woman to lead a major political party in the UK.

Badenoch was first elected to parliament in 2017 and previously served as the Minister for Women and Equalities in the Rishi Sunak government. She was confirmed as Conservative Party leader on Nov. 2, following an election among party members in which she won 56.5 percent of the vote. 

In office, she frequently railed against trans rights and met with the anti-trans group LGB Alliance. She called for the abolition of gender-neutral toilets and was caught on a leaked recording referring to trans women as “men.” 

This year, she supported her party’s platform of amending the Equalities Act to ensure that the ban on “sex” discrimination only applied to biological sex, thus allowing discrimination against trans people. 

She successfully killed a planned ban on conversion therapy by pushing the government to study it further and consider not banning conversion therapy aimed at trans people. 

She also used her office to push the Financial Conduct Authority to remove trans-inclusive workplace policies, and railed against “diversity, equity and inclusion” initiatives that she claimed “divide, rather than unify.”

In 2019, she abstained on the bill that extended same-sex marriage rights to Northern Ireland — then the only part of the UK where it wasn’t yet legal.

UNITED ARAB EMIRATES

The World Surf League has named Abu Dhabi, the capital of the United Arab Emirates as a stop of its 2025 Championship Tour and Longboard Tour, drawing protests from surfers and surf organizations over the potential for harm to LGBTQ+ athletes who attend a competition in a country where homosexuality is illegal. 

The World Surf League is the governing body for professional surfers, and it sanctions competitions and events around the world. The 2025 Tour features 12 stops, including events in Brazil, Fiji, Tahiti, South Africa, El Salvador, Australia, and the U.S. 

It’s the second stop, at Surf Abu Dhabi, UAE from Feb. 14-16 that’s raised eyebrows among surf athletes and fans.

Homosexuality and cross-dressing are illegal under both the Federal Crime and Punishment Law of UAE and the Abu Dhabi Penal Code, with a minimum sentence of six months and up to 14 years in prison.

Yvette Curtis, who runs the UK-based inclusive surf club Wave Wahines, has started a petition on Change.org calling on the World Surf League to drop the Abu Dhabi dates from the tour.

“The WSL have chosen to support a government that criminalizes LGBTQIA+ people and discriminates against women, and in doing so are choosing to place their athletes, support teams, and spectators at risk,” the petition states.

“By removing Abu Dhabi from its event calendar, the World Surf League would make a powerful statement: Human rights and the safety of its athletes and employees are paramount. Ignoring this issue would tacitly endorse discriminatory practices and betray the inclusive values at the heart of Olympic sports. Only through decisive action can we ensure that everyone, regardless of sexual orientation or gender identity, has an equal opportunity to compete in professional surfing.”

Curtis says the issue is personal to her, as the mother of a trans surfer.

“As a mother of three, the safety of my children is my utmost priority. My eldest child, who has bravely embraced their true self, is transgender. They also have a passion for surfing, but existing regulations in certain regions rob them of this joy and access to the waves. Abu Dhabi, named as a stop in World Surf League’s event calendar, presents a stark reality. My child, due to their identity, would be breaking laws by merely existing in such an environment,” she says. 

The petition, which has already drawn more than 1,600 signatures, has been endorsed by surf clubs all over the world, 

The controversy around the Abu Dhabi tour stop mirrors similar controversy over hosting the 2022 World Cup in Doha, Qatar, and the 2014 Winter Olympics in Sochi, Russia, both countries with dismal records on LGBTQ+ rights.  

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Los Angeles

Ysabel Jurado claims victory: A new era for Los Angeles City Council District 14

The LGBTQ+ candidate maintained steady lead over incumbent Kevin De León, eventually declaring victory

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LGBTQ+ political maverick, Ysabel Jurado is L.A. City Council's newest Councilmember to represent CD-14. (Photo Credit Ysabel Jurado)

Ysabel Jurado, the Highland Park resident and tenants rights’ attorney, is now Councilmember of Council District 14 after a battle for the hot seat against incumbent Kevin De León. 

“Today, I am humbled to officially declare victory in the race for Los Angeles City Council District 14. This win is not mine—it belongs to our community,” said Jurado shortly after the win was announced. 

Jurado makes history as the first Filipino American to serve on the Council and has expanded LGBTQ+ and women’s representation too. 

In her celebratory statement after Thursday’s win, she stated that De León used Trump-like tactics and she is glad the city did not play into it. 

“Trumpism has no place in CD-14and we proved that by resoundingly rejecting the divisive tactics deployed by our opponent–tactics adopted directly from the Trump playbook,” said Jurado. “Like Trump, our opponent thumbed his nose at the law—from his racist gerrymandering scandal that likely violated the Voting Rights Act– to the current open investigation into his campaign for money laundering.”

Jurado is the new hope for a city that has been marred by racial and phobic remarks by those previously and still in positions of power. 

Other news outlets are reporting that this marks another fallen Latino leader after the leaked L.A. City Council audio recording went viral in 2021 and led to the resignation of Los Angeles City Council president Nury Martínez. 

De León’s goal during his term was to retain and expand Latin American political power. 

With De León out, that leaves Latin Americans taking up only four out of the Council’s 15 seats, in a city that has a majority Latin American population.  The city’s biggest Mexican American communities like Boyle Heights and El Sereno will not have a Latin American leader for the first time in nearly 40 years. 

During De León’s campaign, he urged voters that if Jurado were to be elected, it would come at the expense of Latin American voices. 

Last month, Eastside voters received a text message from De León’s campaign saying: ‘Forty years of Latino political power is under threat.’

Jurado secured her victory after placing first in the March primary, with support from Latin American politicians like Councilmember Hugo Soto-Martínez, L.A. Unified School District trustee Rocio Rivas, L.A. County Supervisor Hilda Solis and Councilmember Eunisses Hernandez, who replaced incumbent Gil Cedillo after he was also caught on audio making racist and defamatory remarks. 

“These are heavy times, but Ysabel Jurado’s win is an incredible cause for hope,” said Hernandez in a congratulatory post on Instagram. “She has proven again and again that our city has not just the capacity to dream of a better future for ourselves, but that we demand it.”

De León tapped into the pathos of Eastside residents during his campaign, resorting to political tactics that attacked Jurado directly, rather than tackling the key issues at hand.

“Like Trump, he relied upon fear mongering, red-baiting, misogyny, and racial dog-whistling in an effort to divide us. But unlike Trump, his tactics failed.” 

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World

Trump election sparks concern among activists around the world

Brazilian organization: Grassroots advocacy crucial to defending LGBTQ+ rights

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A poster in Santiago, Chile, in 2017 mocked then-President Donald Trump. Activists around the world with whom the Washington Blade has spoken this week expressed concern over a second Trump administration and its impact on LGBTQ+ rights around the world. (Washington Blade photo by Michael K. Lavers)

LGBTQ+ activists and advocacy groups around the world have expressed concern over President-elect Donald Trump’s election.

“I worry that Trump’s win means no protection for global LGBTQ+ human rights,” Sexual Minorities Uganda Executive Director Frank Mugisha told the Washington Blade.

Mugisha added Trump “won’t or step in to support us” when “we are under attack with extreme anti-gay legislations.” (The Biden-Harris administration last year imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. after President Yoweri Museveni signed the Anti-Homosexuality Act.)

Esteban Paulón, a long-time LGBTQ+ activist in Argentina who won a seat in the country’s Congress in 2022, echoed this concern and Mugisha.

“My first reaction (to Trump’s election) is concern over how it is going to impact (LGBTQ+) rights in the international sphere,” Paulón told the Blade.

Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of his administration’s overall foreign policy. The White House in the same year named Jessica Stern, who was previously the executive director of Outright International, as the next special U.S. envoy for the promotion of LGBTQ+ and intersex rights abroad.

Then-State Department spokesperson Ned Price during a 2021 interview with the Blade noted the decriminalization of consensual same-sex sexual relations was one of the Biden-Harris administration’s priorities in its efforts to promote LGBTQ+ and intersex rights abroad. Stern in 2022 told the Blade that support of marriage equality in countries where activists say such a thing is possible through legislation or the judicial process is “among a wider set of priorities.”

Trump during his first administration tapped then-U.S. Ambassador to Germany Richard Grenell to lead an initiative that encouraged countries to decriminalize consensual same-sex sexual relations. Activists with whom the Blade has previously spoken questioned whether this effort had any tangible results.

Axios on Thursday reported Grenell is Trump’s top candidate to succeed Secretary of State Antony Blinken.

Bru Pereira and Gui Mohallem are co-directors of VoteLGBT, a Brazilian organization established in 2014 with a mission to increase LGBTQ+ representation their country’s politics.

Pereira and Mohallem in a statement they sent to the Blade on Wednesday said the U.S. election outcomes, “especially as they reflect a divided political landscape, underscore an international trend we are observing — a growing divide between progressive movements and the resurgence of conservative, often authoritarian, political forces.”

Former Brazilian President Jair Bolsonaro was in office from 2018-2022. He faced sharp criticism because of his rhetoric against LGBTQ+ Brazilians, women, people of African and Indigenous descent and other groups. Thousands of Bolsonaro supporters on Jan. 8, 2023, stormed the Brazilian Congress, presidential palace, and Supreme Court.

President Luiz Inácio Lula da Silva took office a week earlier.

Pereira and Mohallem in their statement said they are “witnessing how grassroots efforts, particularly from marginalized communities, are crucial in defending LGBTQ+ rights under right-wing governments.”

“For us, advancing and protecting LGBTQ+ rights in such a context involves fostering local leadership, as well as strengthening community resilience and alliances,” they said. “It’s about creating spaces where voices traditionally sidelined — especially those of trans, Black, and Indigenous LGBTQ+ individuals — can lead democratic change. Here, we see our role not just in advocacy but in shaping an intersectional approach to political transformation, one that insists on the inclusion and visibility of diverse identities.”

“Ultimately, we believe that the democratic health of any nation depends on its most vulnerable communities being empowered to speak up and lead,” added Pereira and Mohallem. “We’re committed to supporting this journey, even in times of political setbacks, through community solidarity and international collaboration.”

Astraea Lesbian Foundation for Justice Executive Director Joy Chia in an email to supporters on Wednesday largely echoed Pereira and Mohallem.

“As a funder of LGBTQI+ communities in all regions of the world, the Astraea Foundation is keenly aware of the far-reaching impacts that this election will have and has already had,” wrote Chia. “I also recognize that political repression is not new to LGBTQI+ activists and our communities. This isn’t our first time working in hostility and chaos, and we are ready to resist.”

“The Astraea Foundation will continue to work alongside grantees to build power and create sustainable change so that our communities can thrive. We will continue to push liberation forward, support our grantee partners, and hold true to our intersectional feminist values at every turn,” added Chia. “The work we do every day is vital, and this difficult moment only strengthens our resolve to keep the fight moving forward.”

Outright International Executive Director Maria Sjödin in an email to their group’s supporters said the U.S. election results “have raised deep concerns for many of us who care about fundamental human rights, freedoms, and democratic norms for LGBTIQ people and everyone else around the world.”

“As Outright International unites with you, our global community, we know that this outcome impacts not only the U.S. but also the global momentum toward justice and equality. Nationalism, authoritarianism, white supremacy, xenophobia, anti-queer, and anti-transness have been on stark display throughout the election campaign,” they wrote. “Such narratives risk eroding years of progress and scapegoat marginalized communities. Resulting policies could deny gender recognition, defund LGBTIQ-supportive programs internationally, and be a threat to international cooperation and multilateralism.” 

Sjödin added “moments like this also reveal the strength of our global solidarity.”

“The spirit of connection that fuels our shared movements is needed now more than ever,” they said. “From Argentina to Poland, Uganda to Ukraine, LGBTIQ communities are rising to this challenge. Together, we can and must resist discriminatory forces and protect and continue to advance the progress made. This isn’t just about policies — it’s about our lives and those of our global community.”

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Mali

Mali on the verge of criminalizing homosexuality

Country’s Traditional National Council has drafted a new penal code

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(Photo by Rawf8/Bigstock)

Mali’s Transitional National Council on Oct. 31 adopted a draft penal code that would criminalize acts of homosexuality.

Minister Mamoudou Kassogué after the TNC meeting said any person who advocates or engages in same-sex relations will be prosecuted.

“There are provisions in our laws that prohibit homosexuality in Mali,” he said. “Anyone engaging in this practice, promoting or apologizing for it, will be prosecuted. We will not accept that our customs and values ​​are violated by people from elsewhere.”

Nginda Nganga, an African LGBTQ+ rights activist, said the Malian government should not be concerned about other people’s sexual orientation.

“LGBTQI+ people have always existed, and they always will. It’s a human rights issue, and honestly, I have never understood why some are so concerned about others’ personal choices and private lives,” said Nganga. “It’s strange.”

Eugene Djoko, another African rights activist, said deterring and monitoring one’s sexual orientation will not solve the country’s problems.

“According to the minister, anyone who practices, promotes or glorifies homosexuality will be prosecuted, however, restraining personal liberties is not how you will fix the country’s problems,” said Djoko.

Amnesty International in its 2023/2024 report said violence and discrimination against people based on descent remained prevalent in Mali. The report highlighted several killings based on this type of discrimination.

Although Mali does not recognize same-sex marriages, the country’s constitution and penal code does not criminalize consensual same-sex sexual relations or LGBTQ+ identity. The TNC’s Oct. 31 vote, however, will change the situation for the country’s LGBTQ+ community, even though President Assimi Goïta has not approved them.

The LGBTQ+ community before the Oct. 31 vote already faced a lot of stigma, especially from fellow Malians.

Mali is largely an Islamic country, and Sharia law does not tolerate same-sex sexual relations. The majority of Malians view homosexuality as a Western import.

People in some regions who are found to be part of the LGBTQ+ community can face punishments that range from so-called conversion therapy to amputation, flogging, and even death. Many LGBTQ+ Malians and those who advocate on their behalf remain in the closet or work behind closed doors. Some have opted to leave Mali and seek refuge in countries that protect LGBTQ+ rights.

The actual ramifications of Kassogué’s statements as they relate to consensual same-sex sexual relations or LGBTQ+ advocacy in the country remain unclear.

Arrests of LGBTQ+ people or activists on the basis of sexual orientation are rare, but Malian society tends to handle them under the guise of religious and cultural beliefs as opposed to a law enforcement issue. Law enforcement officials cite acts of indecency when they arrest those who identify as LGBTQ+ or activists.

Goïta, for his part, has yet to explicitly make any public comment on LGBTQ+-specific issues. He has, however, often spoke about his support for Islamic and African values.

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