News
Gay friend defends Trump’s pick for AG amid concerns from LGBT groups
‘He’s been a huge force in my life’
A longtime gay friend of William Barr, President Trump’s pick as the next U.S. attorney general, has come to the defense of the nominee amid concerns from LGBT groups he’d continue the anti-LGBT legal positions of the Trump Justice Department.
Paul Cappuccio, a former general counsel for Time Warner who’s raising children in a same-sex marriage, told the Washington Blade during an interview Friday he worked for Barr when Barr served as attorney general during the George H.W. Bush administration and said “there’s been no one who has been more supportive of my same-sex family than Bill Barr has, not only with my partner, with my children, for whom he’s ‘Uncle Bill.’ I know several people who are openly gay — who he has mentored — front and center,” Cappuccio said. “I was not open the entire time I knew him, but I was open a lot of the time I knew him.”
Cappuccio, who said he’s “thrilled” Barr may come back as attorney general, said the Trump nominee “feels extremely passionate” that “justice is about fairness for an individual, and people are entitled to be treated as individuals no matter what their political views, their race, their religion, their sexual orientation.”
“About that, he’s always been passionate, and I’ve seen it with a first-hand seat, including sitting next to him in the attorney general’s office for a couple years, so I feel quite comfortable and happy that Bill could be attorney general again,” Cappuccio said.
Cappuccio said Barr is “a person who is about enforcing the laws, not undermining them, not trying to remake them” and that he “accepts precedent,” which Cappuccio said bodes well for preserving the 2015 U.S. Supreme Court decision in favor of marriage equality nationwide.
“Do I think Bill Bar would have, if he was on the Supreme Court, would have voted to make same-sex marriage a constitutional right?” Cappuccio said. “I don’t know, but I know he would do nothing to undermine the decision, right? And that’s what matters because he’s going to be our nation’s chief law enforcement officer.”
Cappuccio added Barr is a “devout Catholic,” but is “a person who has never been one to judge anyone, and for whom — and this is how he measures himself — the equal fair treatment of an individual is the ultimate requirement and test and goal.”
“For what it’s worth, I have direct experience with him as a person and seen how he has not only treated LGBT people fairly, but mentored them,” Cappuccio said. “He’s been a huge force in my life. For example, I got to tell you, I wasn’t always open, and when he found out, he looked at me and said, ‘You feel like you couldn’t tell me? You couldn’t tell me you want to marry someone? I can’t believe that.’ And that was one of the sweetest things. ‘I want to meet this guy’ is what he said.”
Despite Cappuccio’s praise for Barr, who most recently served as a counsel for Kirkland & Ellis LLP, the Trump nominee once made anti-gay comments expressing concerns about greater tolerance for the “homosexual movement” in the United States than the religious community.
“It is no accident that the homosexual movement, at one or two percent of the population, gets treated with such solicitude while the Catholic population, which is over a quarter of the country, is given the back of the hand,” Barr once wrote. “How has that come to be?”
Barr expressed those views in a 1995 article for “The Catholic Lawyer,” a conservative Catholic publication for St. John’s University School of Law, in an article titled, “Legal Issues in a New Political Order.”
“We live in an increasingly militant, secular age,” Barr wrote. “We see an emerging philosophy that government is expected to play an ever greater role in addressing social problems in our society. It is also expected to override various private interests as it goes about this work. As part of this philosophy, we see a growing hostility toward religion, particularly Catholicism. This form of bigotry has always been fashionable in the United States.”
As evidence of the subordination of religious attitudes to the will of the government, Barr pointed to a D.C. Circuit Court of Appeals ruling in 1987 requiring Georgetown University to give an LGBT student group equal rights to the organizations on campus despite the school’s Catholic views. (Georgetown University has since embraced the school’s LGBT student body.)
“Another example was the effort to apply District of Columbia law to compel Georgetown University to treat homosexual activist groups like any other student group,” Barr wrote. “This kind of law dissolves any form of moral consensus in society. There can be no consensus based on moral views in the country, only enforced neutrality.”
(Other media outlets have reported the article is dated October 2017, but that publication is a reprint. The website for St. John’s University’s Law School indicates the article was first published in 1995.)
Barr’s views in that 23-year-old article suggest his tenure as attorney general will continue to uphold the precedence of “religious freedom” over LGBT rights. Prior to his termination, former U.S. Attorney General Jeff Sessions issued guidance outlining those views in a “religious freedom” memo as directed by Trump in an executive order last year. The Justice Department also participated in the Masterpiece Cakeshop case before the U.S. Supreme Court on the side of Jack Phillips, the Colorado baker who refused to make a wedding cake for a same-sex couple over religious objections.
Jon Davidson, chief counsel for the LGBT group Freedom for All Americans, said he was concerned that Barr’s comments in the 1995 article demonstrate he’ll continue the Justice Department on the same path as Sessions.
“While I am not aware of anything William Barr has done recently that explicitly indicates where he stands on discrimination against LGBTQ people, he made a number of disparaging comments in the 1990s about ‘homosexual activist groups’ and the ‘homosexual movement’ that are troubling,” Davidson said. “Those comments suggest that the Department of Justice under his stewardship is unlikely to alter course in any significantly positive way for LGBTQ people, as compared to the anti-LGBTQ positions advanced by the DOJ under Jeff Sessions.”
But Cappuccio dismissed concerns over views Barr expressed in the 1995 article, saying the underlying issue is “in truth a little more complicated than it gets portrayed, which is the right for religious people to hold their views versus the requirement that you can’t let them discriminate against people.”
“He’s not going to ever let people be discriminated against, OK?” Cappuccio said. “I think he was making in that article a broader point about that there’s a school of thought — and he identified like three schools of thought in that article — that taking a moral view, even by a religious institution, is kind of like illegitimate in a secular society, and he was raising that. I don’t think you can read that article and think he’s focusing on — I think he gave 100 examples of that issue.”
Cappuccio added he doesn’t “sweat” the views expressed in the article because of his long, first-hand friendship with Barr, which includes a close relationship with his family.
“When I heard he was thinking of going back to attorney general, my first reaction was ‘Does this mean he can’t babysit my daughter Mia anymore?” Cappuccio said. “But I’m telling you…and this is important to me, he’s a good guy on this issue and…this is not in any way, shape or form anyone you need to be worried about.”
Cappuccio said “frankly, my constitutional views would probably be there’s not a right” to same-sex marriage under the U.S. Constitution as decided in the Obergefell decision, even though he thinks it’s good policy, but added in terms of enforcing the law, including that ruling, Barr will be “nothing but a good thing for every individual, including gay individuals.”
Subordination of LGBT rights to religious freedom is just one component of the anti-LGBT policy that has come from the Justice Department during the Trump administration. Just two days after Sessions came into the job as attorney general, the Justice Department withdrew its appeal of a court order barring enforcement of Obama-era guidance requiring schools to allow transgender kids to use the restroom consistent with their gender identity. Weeks afterward, Sessions along with Education Secretary Betsy DeVos revoked the guidance altogether.
Under Sessions, the Justice Department similarly withdrew a lawsuit against North Carolina’s House Bill 2 when it was replaced with a compromise law signed by North Carolina Gov. Roy Cooper and let stand a court order against protections for transgender patients under Obamacare.
Sessions also issued a memo reversing former U.S. Attorney General Eric Holder’s position that anti-transgender discrimination in the workforce is unlawful under Title VII of the Civil Rights Act of 1964, which bars sex discrimination in employment. The Justice Department under Sessions also argued before the U.S. Second Circuit Court of Appeals that Title VII doesn’t cover anti-gay discrimination in employment and continues to defend Trump’s transgender military ban in court.
Cappuccio said he has “no idea” whether Barr will continue the Justice Department’s position against LGBT inclusion under federal laws barring sex discrimination and defense of the transgender military ban.
Sarah Kate Ellis, CEO of GLAAD, was out of the gate early with a statement objecting to Trump’s choice of attorney general, predicting the Trump administration’s efforts at “erasing” LGBT people will continue under Barr’s watch.
“William Barr, who has wrongfully suggested that LGBTQ people – not Trump and his destructive policies – have harmed the United States, is the latest in a long line of replacements who President Trump has appointed to his Cabinet who are just as anti-LGBTQ as their predecessors,” Ellis said. “If confirmed, there’s little doubt that William Barr would continue the Trump administration’s objective of erasing LGBTQ Americans from the fabric of this nation.”
During his tenure at the Justice Department under Bush, Barr also acted to keep in place an administrative ban on people with HIV from entering the United States. When the Department of Health & Human Services sought to change the rule, Barr led the Justice Department in blocking the change. According to a 1991 article in the The New York Times, Barr argued “it was completely impractical for an immigration examiner to make a sophisticated analysis of an alien’s infection and health insurance coverage to determine whether that person might become a public charge in 5 or 10 years.” (The HIV travel ban would later be codified in 1993 and not lifted until a bipartisan process spanning the George W. Bush and Obama administrations.)
Additionally, Barr is on record saying he supported the use of Guantanamo Bay to detain people with HIV from entering the United States, including Haitians seeking asylum in the country.
David Stacy, government affairs director of the Human Rights Campaign, referenced Barr’s anti-gay views and actions against people with HIV in a statement expressing concerns about the designated nominee.
“The Trump-Pence White House and the Justice Department have been pursuing a policy agenda to undermine the legal rights of LGBTQ people since day one,” Stacy said. “From his views around HIV/AIDS during his tenure as attorney general to his more recent writing promoting extreme views around religious exemptions, William Barr looks ill suited to be our country’s top law enforcement officer. The Senate has a solemn responsibility to advise and consent on this important nomination and his troubling views on LGBTQ equality and the law must be thoroughly vetted.”
The Blade reached out to Barr for comment for this article on whether his views on LGBT rights have changed since the 1990s, but he referred Cappuccio to the Blade to speak on his behalf as a member of the LGBT community.
Jerri Ann Henry, executive director of Log Cabin Republicans, was vague in response to a request to comment on Barr.
“We are pleased to see President Trump take action to ensure the Justice Department has an experienced leader at the helm and we look forward to working with Attorney General nominee Barr in the future,” Henry said.
Editor’s note: International News Editor Michael K. Lavers will be on assignment in Israel through Oct. 9.
TEL AVIV, Israel — It has been quiet in Israel’s largest city since I arrived on Friday afternoon.
An Israeli airstrike in Beirut, the Lebanese capital, on Sept. 27 killed Hassan Nasrallah, the long-time leader of Hezbollah, an Iran-backed militant group. Iran on Oct. 1 launched upwards of 200 ballistic missiles at Israel.
Rosh Hashanah ended on Friday.
Monday will mark a year since Hamas launched its surprise attack against southern Israel from the Gaza Strip. The group, which the U.S. and Israel have designated a terrorist organization, claimed responsibility for an Oct. 1 attack at a Tel Aviv light rail station that left seven people dead and more than a dozen others injured.
The Hamas-controlled Gaza Health Ministry says Israeli forces have killed more than 41,000 people in the enclave since Oct. 7. Reuters on Friday reported the Lebanese Health Ministry said Israeli airstrikes in Beirut and elsewhere in the country over the last two weeks have killed more than 2,000 people.
An Israeli airstrike in the West Bank city of Tulkarem on Thursday killed 18 people in a Palestinian refugee camp.
The Israel Defense Forces and Shin Bet, the country’s security agency, said the airstrike killed Zahi Yaser Abd al-Razeq Oufi, a senior Hamas commander, and 11 other Hamas operatives. The Associated Press reported the airstrike also killed a family of four, including two young children.
The International Criminal Court in May announced it plans to issue arrest warrants for Israeli Prime Minister Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders — Yehya Sinwar, Mohammed Deif, and Ismail Haniyeh.
Karim Khan, the ICC’s chief prosecutor, said the five men have committed war crimes and crimes against humanity in Gaza and Israel. (A suspected Israeli airstrike on July 31 killed Haniyah while he was in the Iranian capital of Tehran to attend Iranian President Masoud Pezeshkian’s inauguration.)
Here are some things I have seen since I arrived in Tel Aviv.
• Banners that read “Bring Them Home Now!” in reference to the hostages who remain in Gaza are on overpasses and buildings throughout the city. Several people who were jogging along Tel Aviv’s seafront promenade on Saturday morning were wearing “Bring Them Home Now!” t-shirts.
• “FCK HMS” stickers are on streetlights across Tel Aviv.
• I could not access Al Jazeera’s website on Saturday. (The Israeli government in May banned the Qatar-based network from working in the country, and shut down its bureaus in East Jerusalem and Nazareth, a predominantly Arab city in northern Israel. A judge in June extended the ban for 45 days. Israeli soldiers on Sept. 22 raided Al Jazeera’s bureau in Ramallah, the Palestinian capital, and ordered its closure for 45 days.)
• Two men and a woman who were wearing nightclub wrist bands were sitting on beach chairs at Hilton Beach at around 8 a.m. on Saturday and talking about traveling to the Philippines and Thailand. A helicopter with what appeared to be two missiles attached to it flew south along the city’s seafront while swimmers, kayakers, and paddleboarders were in the water.
• A middle-aged man who was wearing an IDF uniform had a machine gun strapped across his body while he had dinner with his family at a restaurant on Friday night.
The situation in Gaza, in northern Israel, in Lebanon, and on the West Bank is obviously very different than in Tel Aviv.
The events of the last year have been horrific for LGBTQ communities in Israel, in Palestine, and throughout the region. The Los Angeles Blade remains committed to documenting this impact while on the ground in Israel.
California
Forfeitures against San Jose State over trans athlete on roster spark controversy, backlash
Boise State, University of Wyoming and Utah State joined Southern Utah in forfeiting against San Jose State this season.
Blaire Fleming is at the center of a national debate over transgender athletes joining gendered sports at the collegiate level, after her team won fourth match by account of forfeiture.
Fleming made headlines earlier this year as her former roommate and team co-captain, Brooke Slusser, filed a class-action lawsuit against her and the National Collegiate Athletics Association. Slusser took to the Independent Council on Women’s Sports to file the class action lawsuit along with other cisgender athletes.
They claim that allowing Fleming and other transfemme athletes compete in women’s sports is in violation of Title IX, which does not permit trans athletes to compete against biological women, or use women’s restrooms.
The move to forfeit on account of a trans athlete, sparked controversy and driving the three other universities to forfeit in the recent weeks.
San Jose State responded to the latest forfeiture by stating that outing Fleming would have violated school policy.
The NCAA stated that it will “continue to promote Title IX, make unprecedented investments in women’s sports and ensure fair competition for all student-athletes in all NCAA championships.”
The controversy gained more traction as cisgender, far-right, voices joined the conversation.
Riley Gaines, a former competitive swimmer who came in fifth place in a 200-yard NCAA freestyle championship – tying with trans athlete Lia Thomas – took to X to speak on the issue and openly express her transphobia.
In the post, Gaines repeatedly misgenders Fleming, also adding that it is ‘unfair and dangerous,’ to allow transfemme athletes to compete in women’s sports.
Gaines is one of many far-right athletes who have either tied or lost a match to a trans athlete, then made it their mission to cast trans athletes out of women’s sports.
Equality California’s Executive Director released a statement regarding the issue.
“Equality California stands with San Jose State University and appreciates their strong support for their student athletes. All students deserve a safe and inclusive environment where they can thrive without fear or anxiety while being themselves,” said executive director Tony Hoang.
The San Jose State women’s volleyball team is scheduled to go against San Diego State on Oct 10.
Los Angeles Blade will continue to cover the issue as the story develops.
National
Lesbian software developer seeks to preserve lost LGBTQ history
HistoryIT helps create digital archives that are genuinely accessible
Up until the early 2010s, if you searched “Babe Ruth” in the Baseball Hall of Fame, nothing would pop up. To find information on the greatest baseball player of all time, you would have to search “Ruth, George Herman.”
That is the way online archival systems were set up and there was a clear problem with it. Kristen Gwinn-Becker was uniquely able to solve it. “I’m a super tech geek, history geek,” she says, “I love any opportunity to create this aha moment with people through history.”
Gwinn-Becker is the founder and CEO of HistoryIT, a company that helps organizations create digital archives that are genuinely accessible. “I believe history is incredibly important, but I also think it’s in danger,” she says. “Less than 2% of our historical materials are digital and even less of that is truly accessible.”
Gwinn-Becker’s love for history is personal. As a lesbian, growing up, she sought out evidence of herself across time. “I was interested in stories, interested in people whose lives mirrored mine to help me understand who I was.”
“[My identity] influences my love of history and my strong belief in history is important,” she says.
Despite always loving history, Gwinn-Becker found herself living and working in San Francisco during the early dot com boom and bust in the ‘90s. “It was an exciting time,” she recounts, “if you were intellectually curious, you could just jump right in.”
Being there was almost happenstance, Gwinn-Becker explained: “I was 20 years old and wanted to live in San Francisco.” Quickly, she fell in love with “all of the incredible new tools.” She was working with non-profits that encouraged her to take classes and apply the new skills. “I was really into software, web, and database development.”
But history eventually pulled her back. “Tech was fun, but I didn’t want to be a developer,” she says. Something was missing. When the opportunity to get a Ph.D. in history from George Washington University presented itself, “I got to work on the Eleanor Roosevelt papers, who I was and remain quite passionate about.”
Gwinn-Becker’s research on Eleanor Roosevelt planted the seeds of digital preservation. “Eleanor Roosevelt doesn’t have a single archive. FDR has lots but the first ladies don’t,” she says. Gwinn-Becker wondered what else was missing from the archive — and what would be missing from the archive if we didn’t start preserving it now.
Those questions eventually led Gwinn-Becker to found HistoryIT in 2011. Since then, the company has created digital archives for organizations ranging from museums and universities to sororities, fraternities, and community organizations.
This process is not easy. “Digital preservation is more than scanning,” says Gwinn-Becker. “Most commercial scanners’ intent is to create a digital copy, not an exact replica.”
To digitally preserve something, Gwinn-Becker’s team must take a photo with overhead cameras. “There is an international standard,” she says, “you create an archival TIFF.”
“It’s the biggest possible file we can create now. That’s how you future-proof.”
Despite the common belief that the internet is forever, JPEGs saved to social media or websites are a poor archive. “It’s more expensive for us to do projects in the 2000 to 2016 period than to do 19th-century projects,” explains Gwinn-Becker, since finding adequate files for preservation can be tricky. “The images themselves are deteriorated because they’re compressed so much,” she says.
Her clients are finding that having a strong digital archive is useful outside of the noble goal of protecting history. “It’s a unique trove of content,” says Gwinn-Becker. One client saw a 790% increase in donations after incorporating the digital archive into fundraising efforts. “It’s important to have content quickly and easily,” says Gwinn-Becker, whose team also works with clients on digital strategy for their archive.
One of Gwinn-Becker’s favorite parts of her job is finding what she calls “hidden histories.”
“We [LGBTQ people] are represented everywhere. We’re represented in sports, in religious history, in every kind of movement, not only our movement. I’m passionate about bringing those stories out.”
Sometimes queer stories are found in unexpected places, says Gwinn-Becker. “We work with sororities and fraternities. There are a hell of a lot of our stories there.”
Part of digital preservation is also making sure that history being created in the moment is not lost to future generations. HistoryIT works with NFL teams, for example. One of their clients is the Panthers, who hired Justine Lindsay, the first transgender cheerleader in the NFL. Gwinn-Becker was excited to be able to preserve information about Lindsay in the digital record. “It’s making history in the process of preserving it,” says Gwinn-Becker.
Preserving queer history, either through “hidden histories” or LGBTQ-specific archives, is vital says Gwinn-Becker. “Think about whose history gets marginalized, whose history gets moved to the sidelines, whose history gets just erased,” she prompts. “In a time of fake news, we need to point to evidence in the past. Queer people have existed since there were humans, but their stories are hidden,” Gwinn-Becker says.
Meanwhile, Gwinn-Becker accidentally finds herself as part of queer history too. Listed as one of Inc. Magazine’s Top 250 Female Founders of 2024, she is surrounded by names like Christina Aguilera, Selena Gomez, and Natalie Portman.
One name stuck out. “Never in my life did I think I’d be on the same list – other than the obvious one – with Billie Jean King. That’s pretty exciting,” she said.
But she can’t focus on the win for too long. “When I go to sleep at night, I think ‘there’s so much history, and we have to transfer it to the digital,’” she says, “We have a very small period in which to do that in a meaningful way.”
(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)
Israel
Blade returns to Israel to cover Oct. 7 anniversary
Middle East on the brink of a regional war
International News Editor Michael K. Lavers will be on assignment in Israel through Oct. 9.
Lavers will be in the country on Oct. 7, a year after Hamas launched its surprise attack against Israel, and will cover how the country’s LGBTQ community has coped with that horrible day and its ongoing aftermath. Lavers will also cover how the war in the Gaza Strip has impacted LGBTQ Palestinians — in both Gaza and the West Bank and among the Palestinian diaspora in the U.S.
Lavers arrived in Israel three days after Iran launched upwards of 200 ballistic missiles at the country.
An Israeli airstrike in Beirut, the Lebanese capital, on Sept. 27 killed Hassan Nasrallah, the long-time leader of Hezbollah, an Iran-backed militant group.
Hezbollah since last October has launched rockets into northern Israel. The Israeli military earlier this week began a ground incursion into southern Lebanon.
“The horrific events of Oct. 7 and their aftermath have impacted LGBTQ people in Israel, in the Gaza Strip, in the West Bank, in Lebanon, and elsewhere throughout the Middle East and around the world,” said Lavers. “It is critically important for the Washington Blade to document the situation on the ground, and to show how the horrific events of the last year have impacted LGBTQ communities throughout the region.”
“We are committed to objective coverage of the situation in the Middle East and to highlighting the plight of LGBTQ Palestinians and Israelis caught up in the war,” said Blade editor Kevin Naff. “The generous support of our readers enables this coverage so please consider making a donation at bladefoundation.org to ensure the Blade’s 55-year record of award-winning journalism continues.”
Peru
Victory Institute to honor Peruvian congresswoman at D.C. conference
Susel Paredes is first lesbian woman elected to country’s Congress
The LGBTQ+ Victory Institute will honor Peruvian Congresswoman Susel Paredes at its annual International LGBTQ+ Leaders Conference that will take place in D.C. in December.
Paredes, a long-time activist who in 2021 became the first lesbian woman elected to the South American country’s Congress, will receive the 2024 LGBTQ+ Victory Institute Global Trailblazer Award.
Paredes and her wife, Gracia Aljovín, married in Miami in 2016. The two women sued the Peruvian government after the country’s Constitutional Court denied their request to register their marriage.
“It is a true honor and a recognition that I deeply value,” said Paredes in a post to her X account after she learned the Victory Institute will honor her in D.C.
Victory Institute Executive Director Elliot Imse described Paredes as “a true champion through her activism and political engagement for decades.”
“Her historic election to the Congress of Peru is just one of many testaments to her status as a true trailblazer who is exceptionally deserving of this honor,” added Imse.
Community Services - PSA
LGBTQ+ voter education town hall held tonight in Los Angeles
Unique Women’s Coalition, Equality California and FLUX host discussion on upcoming election.
The Unique Women’s Coalition, Equality California and FLUX, a national division of the AIDS Healthcare Foundation, will host their second annual voter education town hall today at the Connie Norman Transgender Empowerment Center in Los Angeles from 7PM to 9PM tonight.
The organizations will present and discuss ballot propositions and measures that will appear on the November ballot and that affect the LGBTQ+ community in this part of the town hall series titled ‘The Issues.’
“The trans and nonbinary community is taking its seat at the table, and we are taking the time and space to be informed and prepare the voter base,” said Queen Victoria Ortega, international president of FLUX.
The town hall will feature conversations through a Q&A followed by a reception for program participants, organizational partners and LGBTQ+ city and county officials.
There will later be a third town hall before the election and The Connie Norman Transgender Empowerment Center will also become a voting location for anyone who feels like they need a safe space to vote, regardless of what voting district they are a part of.
“Our community is really asking for a place to talk about what all of this actually means because although we live in a blue sphere, housing and other forms of discrimination are still a very real threat,” said Scottie Jeanette Madden, director of advocacy at The Connie Norman Transgender Empowerment Center.
District of Columbia
Trans employee awarded $930,000 in lawsuit against D.C. McDonald’s
Jury finds franchise failed to stop harassment, retaliation by staff
A D.C. Superior Court jury on Aug. 15 ordered a company that owned and operated a McDonald’s restaurant franchise in Northwest Washington to pay $930,000 in damages to a transgender employee who charged in a lawsuit that she was subjected to discrimination, harassment, and retaliation because of her gender identity in violation of the D.C. Human Rights Act.
The lawsuit, which was filed in January 2021 by attorneys representing Diana Portillo Medrano, says Medrano was first hired to work at the McDonald’s at 5948 Georgia Ave., N.W. in 2011 as a customer service representative and was recognized and promoted for good work until she began to transition as a trans woman two years later.
It says she was fired in 2016 after she filed a discrimination complaint with the D.C. Office of Human Rights on grounds that she did not have legal authorization to work in the U.S. as an immigrant from El Salvador. One of her attorneys, Jonathan Puth, said the jury agreed with the lawsuit’s allegation that the reason given for the firing was a “pretext” and the real reason was retaliation for her discrimination complaint.
Puth said evidence was presented during the eight-day civil trial that the McDonald’s had knowingly hired other immigrant employees who did not have legal authorization to work and never held that against them.
“Despite a successful five-year career with McDonald’s marked by raises, promotions, and awards and absence of discipline, Plaintiff Diana Medrano’s supervisors and co-workers subjected her to a barrage of taunts, laughter, ridicule, and harassment because she is a transgender woman,” the lawsuit states.
“Managers and supervisors routinely referred to her as male despite her expressed request that they respect her gender identity as female, encouraging co-workers to harass her relentlessly in like fashion,” it says. “When she complained to her managers, they claimed Ithat the harassment was justified because she hadn’t legally changed her name,” the lawsuit’s complaint continues.
“After she formalized and elevated her complaints, Defendants fired her on pretextual grounds. Defendants discriminated against Ms. Medrano because of her gender identity and retaliated against her in violation of the District of Columbia Human Rights Act,” the lawsuit complaint states.
The lawsuit names as defendants International Golden Foods LLC and MCI Golden Foods LLC, two companies based in Burke, Va. that it says were owned and operated by Luis Gavignano, who is also named as a defendant in the lawsuit. The lawsuit says the two companies held the franchise rights to own and operate the McDonald’s where Medrano worked.
The Washington Blade’s attempts to reach a spokesperson for the two companies and for Gavignano as well as two of the attorneys that represented them in contesting the lawsuit through email and phone messages were unsuccessful.
In a nine-page written answer to the lawsuit filed Feb. 12, 2021, on behalf of International Golden Foods, which is referred to as IGF, attorneys Amy M. Heerink and Kelvin Newsome dispute the allegations that Medrano was targeted for discrimination and harassment because of her gender identity.
The written answer to the complaint highlights the company’s claim that Medrano was fired because she didn’t have legal authority to work in the U.S. It refers to the company’s personnel official, Carla Vega, who informed Medrano that she could no longer work for the McDonald’s outlet.
“IGF admits that Ms. Vega informed Plaintiff that her employment had to be terminated due to Plaintiff’s voluntary and unprompted statement during the investigation that she was not authorized to work in the United States,” the written answer to the lawsuit states. “IGF admits that Plaintiff’s employment was terminated based on her ineligibility to work in the United States,” it says.
“The jury clearly found that IGF continually used unauthorized employees, hired and employed unauthorized workers knowingly,” Puth, Madrano’s attorney, told the Blade. “And they never fired anyone for that reason at any of their stores except for Diana,” Puth said.
“And so, the jury found that the reason given was a pretext for retaliation,” he said. “That was what was motivating them. They were motivated to retaliate against her because she kept complaining about discrimination.”
Puth noted that Medrano initially filed her complaint with the D.C. Office of Human Rights and was represented at that time by an attorney with Whitman-Walker Health’s legal clinic. He said Whitman-Walker later referred her to his law firm, Correia & Puth, after determining the case could not be resolved at the Office of Human Rights.
The jury’s verdict of $930,000 in damages included $700,000 in punitive damages and $230,000 in damages for the emotional distress Medrano suffered due to the discrimination and harassment to which she was subjected.
A statement released by the law firm representing her says the action by the jury is believed to be the first jury verdict in a transgender employment discrimination case under the D.C. Human Rights Act.
Attorney Puth and his law firm partner, attorney Andrew Adelman, were the attorneys of record representing Medrano in her lawsuit.
“When you are sure of what you have experienced, no matter how much time passes, the truth will come to light,” Medrano said in the statement released by her attorneys. “Our truth is our best weapon to achieve justice,” she said. “It is truth, justice, and faith in God that have helped me get here.”
In his law firm’s statement, Puth called the jury’s verdict a vindication of Medrano’s 11-year battle for her legal rights.
“Diana is our hero,” he said. “She stood up for her rights in the face of terrible harassment and kept fighting even after she was fired for doing so. This verdict puts other employers on notice that tolerating harassment of transgender employees is both unlawful and costly.”
Puth said earlier this year Medrano was approved for U.S. political asylum based on discrimination and harassment she faced in El Salvador. He said she is currently working full-time as a counselor for Empoderate, an LGBTQ health organization providing services for the Latina/Latino community that is affiliated with the D.C.-based La Clinica del Pueblo.
Mexico
Claudia Sheinbaum sworn in as Mexico’s first female president
Former Mexico City mayor pledged to continue supporting LGBTQ rights
Mexican President Claudia Sheinbaum on Tuesday took office.
Sheinbaum, Mexico City’s former mayor who is a member of former President Andrés Manuel López Obrador’s leftist Morena party, on June 2 defeated Xóchitl Gálvez of the opposition National Action Party and Jorge Álvarez Máynez of the Citizens’ Movement.
Sheinbaum, who is also a scientist, is Mexico’s first female and first Jewish president.
First lady Jill Biden, Health and Human Services Secretary Xavier Becerra, Homeland Security Secretary Alejandro Mayorkas, U.S. Small Business Administration Administrator Isabel Guzman, and U.S. Rep. Nanette Barragán (D-Calif.) are among the American officials who attended Sheinbaum’s inauguration.
“Mexico and the United States are strong partners and close neighbors and we share deep political, economic, and cultural ties,” said President Joe Biden in a statement in which he congratulated Sheinbaum on her inauguration. “The United States is committed to continuing to work with Mexico to deliver the democratic, prosperous, and secure future that the people of our two countries deserve.”
Sheinbaum before the election released a policy paper that reiterated her support for LGBTQ rights in Mexico. The platform, among other things, reiterated “absolute respect for diverse gender identities” and pledged to create “public policies to (end impunity) and to eradicate hate crimes and violence against LGBTIQ+ communities because of gender and sexual orientation.”
News
What does Prop 3 mean for same-sex marriage in California?
Proposition 3 would add a constitutional amendment that states all people have a right to marry regardless of sex or race.
In practice, Prop 3 would not change who can marry, it would only change the language of the California Constitution that still only acknowledges marriage between a man and a woman.
Approving the change of language would cement the legacy of progress that has allowed same-sex and interracial couples to marry.
In the Hollingsworth v. Perry Supreme Court case from 2010, United States District Court Judge Vaughn Walker ruled that Prop 8 was unconstitutional after a two-week trial. He then issued an order prohibiting the state and local officials named in the lawsuit, from enforcing the proposition – referred to as an injunction.
Following that move, the proponents of Prop 8 challenged the decision by filing an appeal to the Ninth Circuit Court of Appeals.
The Ninth Circuit agreed with the district court, standing by the notion of its unconstitutionality, though they stated a different reason for their position on the issue. The proponents of Prop 8 then filed a petition to review the Ninth Circuit and the district court’s rulings.
In 2013, the U.S Supreme Court ruled that the proponents of Prop 8 ‘lacked standing to appeal to the district court’s ruling that Proposition 8 was unconstitutional.’
Instead of deciding whether Prop 8 was constitutional or not, the U.S Supreme Court decided only that the appeal from the district court’s ruling was ‘improper,’ and invalidated the Ninth Circuit’s ruling.
Judge Walker’s district court ruling that states Prop 8 is unconstitutional and the injunction he set, are the only rulings that remain intact from that ordeal. On June 28 2013, same-sex couples were able to resume the right to marry.
It wasn’t until 2015, that the Supreme Court ruled that same-sex marriage was legal in all 50 states.
Proposition 3 would add a constitutional amendment that states all people have a right to marry regardless of sex or race.
If rejected, there would be no change to the ability for new couples to marry or reversal in the legitimacy of current marriages, but it would put same-sex marriage in possible danger for being challanged by the Supreme Court in future cases similar to Hollingsworth v. Perry.
Proposition 3 enshrines same-sex marriage in the Constitution to match what the federal courts have said about who can marry, meaning that same-sex and interracial couples are federally protected and Prop 3 would simply back that up in California.
If approved, there would be no change in revenues or costs to state and local governments.
Prop 3 would replace the definitions of marriage set forth by the Defense of Marriage Act of 1996, which states that defines marriage as ‘between one man and one woman, or husband and wife, and spouse as only a person of the opposite sex who is a husband or wife.’
DOMA further goes on to say that ‘no state, territory or possession of the United States or Indian tribe, shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship.’
In September, The Public Policy Institute of California found in a poll of 1,605 adults, that 68% of likely voters would vote yes on Prop 3. The poll found that a strong majority of Democrats and independents support the proposition.
The poll also found that majorities across demographic groups in California support the proposition and that the support increases with higher educational attainment and income, while support decreases among those age 45 and older and remains stronger in those aged 18 to 44.
Supporters of the proposition include Sierra Pacific Synod of The Evangelical Lutheran Church in America, the Dolores Huerta Foundation and Equality California.
National
LGBTQ groups mark National Hispanic Heritage Month
GLAAD screened ‘Dímelo’ at Sept. 20 event in Los Angeles
Advocacy groups across the country are marking National Hispanic Heritage Month.
The Creative Artists Agency in Los Angeles on Sept. 20 hosted a comedy night that featured Danielle Perez, Gabe González, Lorena Russ, and Roz Hernandez. The event, which GLAAD organized, also included a screening of “Dímelo,” a digital series the organization produced with LatiNation that features interviews with Latino comedians.
A press release notes Damian Terriquez, Mimi Davila, Salina EsTitties, and Tony Rodriguez attended the event. GLAAD in a post on its website on Sept. 25 highlighted Essa Noche and other Latino drag queens.
“The art of drag has always been a vibrant expression of resistance, creativity, and identity, particularly within marginalized communities,” reads the post. “Latine drag artists not only embody the resilience and power of their heritage but also elevate queer voices in spaces where their visibility is often limited.”
EsTitties on Sept. 29 hosted Queerceañera, “an inclusive take on the coming-of-age quinceañera tradition throughout Latin America and the United States” the Los Angeles LGBT Center organized.
Celebrate Orgullo, which describes itself as the “first Hispanic and Indigenous LGBTQ+ festival in Greater Miami and Miami Beach,” will take place from Oct. 4-14. Unity Coalition|Coalición Unida, is organizing the events.
“The festival invites you to experience a warm and welcoming ‘wave’ of pride that celebrates what makes us unique while uniting us in a shared spirit of inclusion,” reads a press release.
GLSEN has posted to its website a list of resources for undocumented students.
“Especially in this political climate, it’s important not only to affirm LGBTQ Latinx identities with positive representation but also to ensure that students know how they’re protected, especially those who are among the most marginalized,” says GLSEN.
National Hispanic Heritage Month is from Sept. 15-Oct. 15.
Fenway Health in Boston on its website notes National Hispanic Heritage Month “honors and celebrates the vibrant histories, cultures, languages, traditions, values, and contributions of people whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America.”
Hispanic Heritage Week began in 1968. It became National Hispanic Heritage Month in 1988.
Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua mark their respective Independence Days on Sept. 15. Mexico’s Independence Day is on Sept. 16, and Chile’s Independence Day is on Sept. 18. Día de la Raza is Oct. 12.
“Here at Fenway Health, we are grateful every day for the many Latino/a/é staff members, clients, patients, volunteers, and supporters that are part of our community,” said Fenway Health. Their contributions and perspectives help drive Fenway’s mission: To advocate for and deliver innovative, equitable, accessible health care, supportive services, and transformative research and education and to center LGBTQIA+ people, BIPOC (Black, Indigenous, and other people of color) individuals, and other underserved communities to enable our local, national, and global neighbors to flourish.”
President Joe Biden in his National Hispanic Heritage Month proclamation made a similar point.
“In our country, Latino leaders are striving for the American Dream and helping those around them reach it too,” he said. “From those who have been here for generations to those who have recently arrived, Latinos have pushed our great American experiment forward.”
The proclamation also acknowledges Homeland Security Secretary Alejandro Mayorkas, Education Secretary Miguel Cardona, Health and Human Services Secretary Xavier Becerra, Small Business Administration Administrator Isabel Guzman, and other Latino members of his administration.
“I am proud to work with incredible Latino leaders, who are dedicated to bettering our nation every day,” said Biden.
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