News
Equality Act at an impasse, Trans kids in sports may be sticking point
All kids deserve the opportunity to play school sports with their friends


WASHINGTON – With the Equality Act remaining at an impasse in the U.S. Senate, one sticking point for potential supporters is whether or not the legislation will address the hot button issue of transgender kids participating in sports, as one prominent LGBTQ legal group says it will draw a red line on the issue in any negotiations on the bill.
Shannon Minter, legal director for the National Center for Lesbian Rights, said his organization “will certainly hold firm” on protecting transgender kids from all forms of school-based discrimination, including in sports, which he noted is already law in the aftermath of the U.S. Supreme Court’s decision last year in Bostock v. Clayton County.
“There seem to be a lot of misconceptions about this issue, so this may well turn out to be an area where more discussion will show there is little if any real disagreement.,” Minter said. “For example, current law already allows for reasonable regulations, such as those adopted by the NCAA, to ensure both inclusion and fairness in elite competition. Nothing in the Equality Act would change that.”
After the court ruling in Bostock, which found anti-LGBTQ discrimination is an illegal form of sex discrimination under the law, transgender legal advocates have argued — and won in court — the ban on sex discrimination in schools under Title IX of the Education Amendment of 1972 requires them to allow transgender students to compete consistent with their gender identity.
Moreover, U.S. government discrimination on the basis of sex is subject to heightened scrutiny under legal jurisprudence, which in theory after Bostock would apply to schools prohibiting transgender athletes from participating in sports.
Amid a wave of anti-LGBTQ legislation throughout the country targeting transgender kids in sports — most recently in Oklahoma, where the state House approved legislation essentially barring them from participation — legal advocates have already declared they will look to the courts for the legal protections afforded under Bostock to challenge any new laws.
Transgender advocates are pointing to the policy of the National Collegiate Athletic Association, which allows transgender athletes to participate consistent with their gender identity provided they meet certain sex-based characteristics, such as testosterone suppression treatment for transgender women to compete in women’s sports.
Although the NCAA had held out on commenting on anti-transgender state legislation, the organization last week issued a statement affirming its commitment to transgender athletes and hinting it would move events from states with those measures in place.
Other transgender groups echoed the sentiment that current law already protects transgender students and the NCAA’s policy could provide a model for schools writ-large, although they stopped short of saying they would draw the line on the issue in negotiations on the Equality Act.
Rodrigo Heng-Lehtinen, deputy executive director of the National Center for Transgender Equality, pointed to both existing law and the NCAA in response to an inquiry from the Blade on talks about the legislation.
“NCTE is committed to protecting transgender youth from discrimination in every aspect of education, including school sports,” Heng-Lehtinen said. “The Bostock decision also reinforces that anti-transgender discrimination is illegal. Notably, the NCAA already has policies to allow for transgender student-athletes to compete, and nothing in the Equality Act would change that.”
NCTE didn’t respond Wednesday to a follow-up inquiry on whether that means the transgender sports issue would be a red line in talks over the Equality Act.
Andy Marra, executive director of the New York-based Transgender Legal Defense & Education Fund, said in response to an inquiry the need for allowing transgender athletes to compete consistent with their gender identity will become apparent as talks continue.
“For a decade now, the NCAA has maintained an inclusive policy that allows for transgender athletes to participate fully in sports. We are confident that as we continue to clarify this issue, it will become clear that not only is discrimination against transgender students both harmful and wrong, it is also already illegal.”
If advocates hold firm on the issue of transgender athletes in sports, it may well mean the Equality Act will have no chance of winning the 60 votes needed to overcome a filibuster in the Senate.
A recent PBS Newshour poll found two-thirds of Americans oppose anti-transgender laws proposed in the states, including measures prohibiting students from participating in sports.
That opposition to anti-trans sports bills is seen across party lines, with 69 percent of Democrats, 66 percent of Republicans and 67 percent of independents saying they opposed the measures. However, Americans are most closely divided when it comes to the actual issue of transgender participation in sports.
“For grade school, 50 percent of people said transgender children should be allowed to play on teams that match their gender identity, while 44 percent said they should not. In middle school, the split was 49 percent for, and 47 percent against,” writes Matt Loffman, PBS NewsHour’s deputy senior politics producer. “In high school, 47 percent were for and 48 percent against. And in college, 49 percent were in favor and 45 percent opposed.”
Seeming to pick up on that hesitation, Sen. Susan Collins (R-Maine) — who had co-sponsored the Equality Act in the previous Congress, but not now — has articulated the sports issue as a point of contention she wanted to address as a condition for renewed support of the Equality Act. Collins was among the senators who voted for an amendment proposed as a part of Biden’s COVID relief package that would have zeroed out Title II funding for schools allowing transgender athletes to participate in sports.
Joining Republicans in voting for the amendment was Sen. Joe Manchin (D-W.Va.), who remains the lone Democratic hold out on the Equality Act as a Democratic insider says he’s facing a deluge of calls in opposition to the legislation. Some insiders are looking to Sen. Shelley Capito (R-W.Va.), an unlikely Republican who may be a surprise supporter of the Equality Act, to lock up support from Manchin.
Transgender advocates may have good reason to be concerned negotiators on the Equality Act may buckle on the transgender sports issue. After all, when the Blade asked Sen. Jeff Merkley (D-Ore.), the lead co-sponsor of the Equality Act, during an interview upon introduction of the bill in February whether he’d be willing to make accommodations for the issue, he hedged as opposed to ruling it out.
“In terms of the dialogue that is held between the two chambers and with the Republican colleagues, that dialogue will happen in close consultation with the civil rights groups that have enormous expertise and working to make sure that no modification or clarification is anything that undermines the opportunity of LGBTQ Americans to thrive in our society,” Merkley said.
Many key negotiators on the Equality Act are staying silent on the transgender sports issue as they continue to keep their cards close to their vest on talks. The Human Rights Campaign, for example, didn’t respond to the Blade’s request for comment for this article.
Merkley said in a statement to the Blade provided by his office in response to an inquiry for this article that he remains committed to transgender athletes in his efforts to pass the Equality Act.
“All kids deserve the opportunity to play school sports with their friends,” Merkley said. “That experience of forming camaraderie, being part of a team, and discovering something you love is so valuable, and no kid should be turned away. Every child deserves equal dignity, respect, and opportunity, and that’s why I’m working hard in the Senate to pass the Equality Act.”
Merkley said his focus is finding the 60 votes in the Senate needed to end a filibuster on the legislation and get the measure to the desk of President Biden, who campaigned on signing the legislation into law within his first 100 days in office.
“I am deeply committed to working on a bipartisan basis to find the necessary votes to pass this landmark law and replicate the bipartisan success of the 2013 Employment Non-Discrimination Act,” Merkley said. “Those conversations are ongoing. I am gathering feedback and working with colleagues on both sides of the aisle — and with civil rights organizations — to find a path forward that will bring senators together behind a vision of full equality for LGBTQ Americans.”
U.S. Federal Courts
Trump indicted in classified document mishandling case
The action comes after a more than yearlong investigation by a special counsel into whether Trump knowingly retained classified records

BEDMINSTER, NJ. – A federal grand jury has indicted former U.S. President Donald Trump on seven criminal counts in connection his mishandling of more than 100 classified documents.
In a series of posts to his ‘Truth Social’ account Thursday, Trump said that he has been indicted related to his mishandling of the classified documents taken to his estate at Mar-a-Lago after his term of office ended in January, 2021.
The unprecedented decision comes after a more than yearlong investigation by special counsel Jack Smith into whether Trump knowingly retained classified and top secret government records when he left office and then disregarded a subpoena to return all classified documents in his possession and whether he and his staff obstructed FBI efforts to ensure all documents had been returned.
A person familiar with the situation who was not authorized to discuss it publicly said Trump’s lawyers were contacted by prosecutors shortly before he announced on his Truth Social platform that he had been indicted the Associated Press reported.
In the first of a series of posts Trump wrote:
“Page 1: The corrupt Biden Administration has informed my attorneys that I have been Indicted, seemingly over the Boxes Hoax, even though Joe Biden has 1850 Boxes at the University of Delaware, additional Boxes in Chinatown, D.C., with even more Boxes at the University of Pennsylvania, and documents strewn all over his garage floor where he parks his Corvette, and which is “secured” by only a garage door that is paper thin, and open much of the time.“
“Page 2: I have been summoned to appear at the Federal Courthouse in Miami on Tuesday, at 3 PM. I never thought it possible that such a thing could happen to a former President of the United States, who received far more votes than any sitting President in the History of our Country, and is currently leading, by far, all Candidates, both Democrat and Republican, in Polls of the 2024 Presidential Election. I AM AN INNOCENT MAN!“
“Page 3: This is indeed a DARK DAY for the United States of America. We are a Country in serious and rapid Decline, but together we will Make America Great Again!”
The Justice Department didn’t respond to a request for a comment.
The AP also noted it remains unclear what the immediate and long-term political consequences will be for Trump. His first indictment spurred millions of dollars in contributions from angry supporters and didn’t damage Trump in the polls.
No matter what, the indictment — and the legal fight that follows — will throw Trump back into the spotlight, sucking attention away from the other candidates who are trying to build momentum in the 2024 presidential race, the Associated Press pointed out.
Missouri
Missouri Governor Parson signs anti-trans legislation
Parson told capital reporters that he signed the measures without a ceremony and in private because “the issue is divisive to some”

JEFFERSON CITY – Senate Bill 39, a law that bans transgender athletes, kindergarten through college, from participating in school-sanctioned team sports, and Senate Bill 49, a bill revoking access to gender-affirming healthcare for transgender minors and some adults, were signed by Republican Governor Mike Parson on Wednesday, June 7; Both measures will go into effect on August 28.
According to the Saint Louis Post-Dispatch, Parson told capital reporters that he signed the measures without a ceremony and in private because “the issue is divisive to some.”
Gov. Mike Parson signed legislation Wednesday adding Missouri to a list of states that ban gender-affirming health care for minors and prevent transgender girls and women from participating on female sports teams.https://t.co/R7aZPbSWBK
— St. Louis Post-Dispatch (@stltoday) June 8, 2023
Addressing SB49, Parson noted: “We support everyone’s right to his or her own pursuit of happiness; however, we must protect children from making life-altering decisions that they could come to regret in adulthood once they have physically and emotionally matured.”
Today, in an effort to protect the integrity of female sports and Missouri children from potentially harmful experimental surgeries and treatment, I have signed Senate Bill (SB) 39 and SB 49 into law. pic.twitter.com/NDbbkoq6gA
— Governor Mike Parson (@GovParsonMO) June 7, 2023
PROMO, Missouri’s LGBTQ+ public policy and advocacy organization, said in a statement:
“The final signature of the governor comes during the month-long Pride celebration across the country for the LGBTQ+ community, which recognizes the progress made in our community’s quest for equality, respect, and safety and the battles yet to come. These laws are not what Missourians want, and cities across our state have shown up to double down on protecting transgender youth and adults.”
The ACLU of Missouri issued the following statement:
“The anti-trans legislation Governor Parson penned into law will be devastating for trans people of all ages. While the government pushed this deceitful bill behind the guise of protecting children, buried within the law is a ban on health care for adults based on the amount of money they earn or whether they are incarcerated.
“As was true with the Attorney General’s failed attempt to limit care for all trans Missourians with his emergency rule, Senate Bill 49 ignores the evidence-based clinical recommendations of every major medical association. This law strips patients and parents of their rights and requires that decisions related to medical treatment that should be based on consent informed by medical professionals be dictated by the uninformed opinions of politicians.
“In alarming fashion, legislators took extraordinary efforts to target and prevent eight students statewide from playing sports in SB 39, while choosing to not solve issues that would benefit all Missouri students such as Missouri’s teacher shortage.
“These bills do nothing but harm transgender Missourians and their families while adding inequities to a system already ripe with discriminatory laws and practices. The ACLU of Missouri will continue to explore all options to fight these bans and to expand the rights of trans Missourians.”
Congress
Dina Titus introduces bill to require U.S. to promote LGBTQ+, intersex rights abroad
White House reconsidering aid to Uganda over Anti-Homosexuality Act

WASHINGTON — U.S. Rep. Dina Titus (D-Nev.) on Thursday introduced a bill that would require the U.S. to promote LGBTQ+ and intersex rights abroad through its foreign policy.
The Human Rights Campaign, the Council for Global Equality, the National Center for Transgender Equality, ORAM (Organization for Refuge, Asylum and Migration), Outright International, Rainbow Railroad and the Trevor Project are among the organizations that support the Greater Leadership Overseas for the Benefit of Equality (GLOBE) Act. U.S. Sen. Edward Markey (D-Mass.) will introduce the bill in the U.S. Senate.
Titus on Tuesday told the Washington Blade during an exclusive interview the bill, among other things, would endorse the selective use of existing sanctions to punish those responsible for murders and other human rights abuses against LGBTQ+ and intersex people. She also said the measure would require the State Department to allow LGBTQ+ and intersex people to choose their gender marker on passports and other travel documents.
“It’s a way of putting into action our attempts to be a leader in the area of LGBTQ+ rights and to be a leader, not just at home, but around the world,” said Titus.
President Joe Biden in 2021 signed a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of the Biden-Harris administration’s overall foreign policy.
Jessica Stern has been the special U.S. envoy for the promotion of LGBTQ+ and intersex rights since 2021. She told the Blade in a previous interview the White House’s continued support of LGBTQ+ and intersex rights includes marriage equality in countries where activists say such a thing is possible through legislation or the judicial process.
The State Department last year began to offer passports with an “X” gender marker. The U.S. Agency for International Development and the President’s Emergency Plan for AIDS Relief has delivered millions of doses of antiretroviral drugs for Ukrainians with HIV/AIDS.
U.S. Ambassador to the U.N. Linda Thomas-Greenfield in March chaired a U.N. meeting that focused on the integration of LGBTQ+ and intersex rights into the U.N. Security Council’s work.
Biden, along with U.S. Sen. Ted Cruz (R-Texas) others, have condemned the signing of Uganda’s Anti-Homosexuality Act that contains a death penalty provision for “aggravated homosexuality.” The National Security Council has said it will “evaluate” the law’s implications in terms of U.S. aid to the country.
Titus is among the lawmakers who have previously introduced bills that are similar to the GLOBE Act.
She noted the Anti-Homosexuality Act when she spoke with the Blade. Titus also discussed Republican-led efforts to curtail LGBTQ+ rights in Florida and other states.
“It’s harder, certainly, to get Republicans on board, but I’m optimistic,” she said when asked if she expects any Republicans will co-sponsor his bill. “The more they hear from their constituents and the more they see the backlash to what some state legislatures are doing and the more they hear from members of their own families, I think that we may get some to join us in this.”
The White House
White House debuts new actions to protect the LGBTQ community
HUD will launch federal initiatives to combat LGBTQ youth homelessness and new regulations to “protect LGBTQ kids in foster care”

WASHINGTON – White House Domestic Policy Advisor Neera Tanden, during a call with reporters on Wednesday, announced a slate of new actions the administration will undertake to better protect the LGBTQ community.
These will focus on three major areas, she said: safety and security, issues for LGBTQ youth like mental health and housing insecurity, and combatting book bans.
President Joe Biden has “already developed a historic record of supporting the LGBTQ community,” Tanden said, noting that he and First Lady Dr. Jill Biden are also prepared to “host the largest Pride celebration in White House history” on Thursday evening.
At the same time, she said, LGBTQ Americans are now experiencing “a whole range of attacks” from “hateful, un-American legislation” to “a disturbing surge in violent threats.”
Administered by the U.S. Department of Homeland Security in partnership with the U.S. Department of Justice and U.S. Department of Health and Human Services, the administration’s “community safety partnership” will “work hand in hand with LGBTQ community organizations” to provide safety training and resources, Tanden said.
For example, she said, “and it’s so unfortunate to have to say this,” but the partnership will help LGBTQ community centers “prepare for the worst” – including “bomb threats, active shooters, and cybersecurity threats – while also protecting “healthcare providers who serve the community by working with doctors and medical associations.”
Actions for LGBTQ kids that Tanden previewed on Wednesday include HHS’s development of a behavioral health care advisory for transgender and gender diverse youth, to help ensure young people are given the best evidence-based care.
On Thursday, she said, the U.S. Department of Housing and Urban Development will launch federal initiatives to combat LGBTQ youth homelessness and new regulations to “protect LGBTQ kids in foster care.”
Finally, Tanden said, the U.S. Department of Education’s Office for Civil Rights “will appoint a new coordinator” to combat book bans, which disproportionately target, for exclusion, materials with LGBTQ characters or themes, or communities of color.
DoE’s coordinator will “offer trainings and resources to schools to help them understand that students have a right to learn free from discrimination, and that book bands may violate federal civil rights laws if they create a hostile environment for students,” Tanden said.
A senior administration official, responding to a question from the Washington Blade following Tanden’s remarks, elaborated on the scope of the community safety partnership.
Community organizations, they said, will include “health clinics, community centers, and organizations that are planning Pride celebrations, but it also includes small businesses like restaurants and bars that have been targeted because they’re run by LGBTQI+ Americans or because they host events that support that community.”
“We’ll be encouraging and reaching out directly to organizations that have been impacted by these violent threats to help make sure that they have the training and the resources they need to stay safe,” the official said.
They added that DHS and DoJ, in anticipation of the possibility that threats will increase in June, “have both been working proactively over many months leading up to Pride to communicate with state and local law enforcement about the threats that the community may face and to help local pride organizers get access to any federal safety resources they may need to help keep the community safe.”
Asked to explain how HHS’s healthcare focused initiatives will be reconciled with restrictions targeting medical interventions for trans youth in conservative states, the official noted ongoing efforts to fight back – including by federal rulemaking and litigated challenges of policies that violate Americans’ rights.
When it comes to the actions previewed by Tanden, the official said, “Almost half of LGBTQI+ youth say they seriously considered committing suicide in the past year, and that attacks on their rights have made their mental health worse. That’s a serious crisis that we want to take on and this advisory will help.”
Additionally, they said, “HHS is announcing that they’re going to release new guidance to states to help them use federal funds to offer dedicated mental health services to the LGBTQI+ community,” while “the Substance Abuse and Mental Health Services Administration, or SAMSA, is releasing $1.7 million in new federal funding for programs that support the health and mental health of LGBTQI+ youth by investing in programs that are focused on family affirmation.”
Responding to other questions about anti-LGBTQ legislation and the rising transphobic and anti-LGBTQ sentiment in America, the official offered some insight into the Biden-Harris administration’s positions on these matters more broadly.
“Part of our role here is to lift up the stories of transgender kids and their families to help the American people understand what is happening to families who, as the President says aren’t hurting anyone but are being hurt by these laws,” said the official.
“These aren’t just attacks on the rights of LGBTQI+{ Americans, they are part and parcel of a coordinated attack on our democracy,” they said. “We’re not just talking about laws that target transgender kids. These are really laws that get at the heart of our basic freedoms and values: the right to free expression, the right to make decisions about your own body, the right to parent and raise your children.”
The official added, “Opponents of LGBTQI+ Americans are leading a pretty significant campaign of disinformation,” which have included “the same types of hateful lies and stereotypes that have been used against our community really for decades and for generations.”
U.S. Military/Pentagon
Chairman of the Joint Chiefs defends cancellation of drag show
Milley pushed back on accusations that the military had “gone woke” during the interview, marking the 79th anniversary of the D-Day invasion

NORMANDY, France – U.S. Army General Mark Milley, chairman of the U.S. Joint Chiefs of Staff, told CNN’s Oren Liebermann during an interview Monday that last week’s cancellation of a drag show at Nellis Air Force base in Nevada was “the absolute right thing to do.”
The top U.S. military officer said the decision came from U.S. Secretary of Defense Lloyd Austin, but added that he agreed with the move.
A Pentagon source familiar with the matter told the Washington Blade on Thursday that Milley informed Air Force Chief of Staff Gen. Charles Q. Brown, Jr. that it is not Pentagon policy to fund drag shows on bases and the show needed to be canceled or moved off base.
He echoed those comments during Monday’s interview, asserting that the performances “were never part of [Department of Defense] policy to begin with, and they’re certainly not funded by federal funds.”
“DoD resources should be used for mission-essential operations, not diverted toward initiatives that create cultural fissures within our service ranks,” anti-LGBTQ U.S. Rep. Matt Gaetz (R-Fla.) said in a May 23 letter to Milley and Austin.
“I find it completely unacceptable that DoD is using taxpayer dollars to fund DEI programs that are divisive in nature,” said Gaetz, referring to diversity, equity, and inclusion – programs typically administered by corporations that have increasingly become targets of conservative outrage.
Milley pushed back on accusations that the military had “gone woke” during the interview, which took place in Normandy, France, marking the 79th anniversary of the D-Day invasion into Nazi-occupied Europe on June 6 1944.
Related:
U.S. Federal Courts
Hate group attorneys ask federal appeals court to resurrect lawsuit
“They ran a race and lost, & they don’t like the rules” Christian activist lawyers ask to resurrect lawsuit over trans-inclusive policy

NEW YORK — A lawsuit filed by anti-transgender activists on behalf of four women sprinters that’s already been tossed out by two federal judges is once again getting a hearing on its potential path to the Supreme Court.
Attorneys from the Alliance Defending Freedom, a conservative Christian legal firm labeled an extremist hate group by the Southern Poverty Law Center, made oral arguments Tuesday before the full U.S. Second Circuit Court of Appeals in New York City.
They’re asking for the right to sue a Connecticut state agency and several high schools over a policy that allows trans student-athletes to compete with cisgender students according to their authentic gender identity.
The ADF represents four cisgender women who competed against trans athletes as runners in high school: 24-year-old Chelsea Mitchell and 20-year-old Selina Soule, as well as Alanna Smith and Ashley Nicolleti, who are both 19.
“All we need to decide today is whether they get into the courthouse door,” ADF lawyer John Bursch told the court, according to ABC News. The judges seemed unconvinced.
“It is a clear violation when a school or school district knowingly lets sexual discrimination proceed,” said Judge Denny Chin. “I don’t think we can say that here.”
An attorney for the state agency argued the athletes have not alleged any concrete or imminent harm.
“Nothing about track results would affect the plaintiffs’ life prospects,” said Peter Murphy, the lawyer for the Connecticut Interscholastic Athletic Conference, whose trans inclusive policy has stood for a decade.
“Is there an injury in fact that you see on this complaint by money damages, if money damages is available?” asked Judge Alison Nathan.
“No,” said Murphy. “The plaintiffs are alleging they ran a race and lost, and they don’t like the rules.”
The ADF lawsuit specifically names two transgender former student-athletes, Andraya Yearwood and Terry Miller, labeling them “biological males” — a term federal Judge Robert Chatigny ordered the ADF lawyers to avoid using when he was hearing the case in 2020. Chatigny ruled in 2021 that the ADF’s request for an injunction blocking the enforcement of the CIAC policy was “moot” because the athletes named as defendants were no longer high school students, and the plaintiffs did not identify any other transgender girls that were likely to compete against them the following season.
A judge on the Second Circuit affirmed Chatigny’s ruling in December, as the Los Angeles Blade reported, but in February, the full federal appeals court agreed to re-hear the ADF’s appeal.
The centerpiece of the ADF’s lawsuit is to claim Connecticut’s trans-inclusive policy violates Title IX, the law that prohibits educational institutions that receive federal funding from discriminating against students on the basis of sex. In April, the Biden administration unveiled a proposal to expand Title IX to include protections for transgender students and eliminate broad bans that prevent them from competing in school sports, such as the one passed by the Republican-controlled House of Representatives in April, but the proposal drew mixed reactions.
Title IX historically has been used to ensure equal funding and opportunities for all girls and women, given that their male counterparts still receive greater scholarships and athletic opportunities to this day. The ADF’s central goal, Jezebel reported last summer, is to turn Title IX into a weapon cisgender girls and women can use against those who are trans.
Even though Mitchell finished first, defeating Miller and another cisgender runner in 2020, the ADF argues that when Mitchell placed third behind Miller and Yearwood in 2019, that loss caused Mitchell “irreparable harm.”
Her lawyers claim that impacted Mitchell’s college acceptances and “employment opportunities.” Yet Mitchell and at least two of the other cis women plaintiffs received scholarships to run track in college and at least three are currently part of NCAA Division I track and field programs.
Miller and Yearwood were not offered athletic scholarships. “As a result of this whole process, they’re not competing in sports at all,” said American Civil Liberties Union attorney Joshua Block, who represents the trans women.
“The allegations in the complaint don’t come anywhere close to showing an actual denial of equal athletic opportunity,” Block successfully argued in September. “Plaintiffs’ complete athletic records show that they defeated Andraya and Terry on multiple occasions and amassed an impressive collection of first-place trophies in the process. The complaint is filled with hypotheticals of a dystopia where cisgender girls disappear from the victory podium but a complaint requires allegations of facts. The races were run under the rules that were in place at the time.”
In the one and only race in which Nicoletti competed against Miller, she finished dead last.
Since 2020, at least 21 states have enacted laws or policies that ban transgender athletes from playing on school sports teams with women and girls, according to the Movement Advancement Project.
Those are among the nearly 500 anti-LGBTQ+ bills passed and enacted across the country, including legislation or policies restricting gender-affirming care for minors, and now even trans adults in some states.
A recent landmark ruling by the U.S. Supreme Court may figure into whether the ADF ultimately wins the right to sue. In April, the justices rejected West Virginia’s emergency appeal of an appellate court’s decision to block the state from enforcing an anti-trans youth sports ban against a 12 year old trans girl, as the Los Angeles Blade reported.
Court observers said while that decision did not set a legal precedent such as in the Bostock case, it did signal that the High Court is not ready to quickly approve discrimination against trans Americans. The West Virginia case marked the first time the Supreme Court has weighed-in on matters involving the inclusion of trans youth in sports.
World
Global Pride events are focused on renewed demands for equality
“We feel that the rights of our community are sliding backwards and we acknowledge that the fight is far from over”

WASHINGTON – Activists around the world are using Pride events to renew their demands for full equality.
This year’s Pride month coincides with the debate over marriage equality in Aruba.
The Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba that has jurisdiction over three constituent countries (Aruba, Curaçao and Sint Maarten) and three special municipalities (Bonaire, Sint Eustatius and Saba) within the Netherlands late last year ruled Aruba and Curaçao must extend marriage rights to same-sex couples.
Gay Aruban Sen. Miguel Mansur on Wednesday told the Washington Blade that he and activists on the island are “pushing to have” the marriage equality debate this month, but opponents in the Aruban Parliament have been trying to delay. Mansur further stressed this year’s Pride month events are an important way to counter those who oppose marriage equality and other LGBTQ rights.
“It’s especially important for representation because of the same-sex marriage law there was an onslaught of attacks by certain religious groups, an association of churches,” said Mansur. “Representation and visibility are more important than ever.”
Upwards of 30,000 people participated in the Jerusalem Pride and Tolerance Parade on June 2. Former Israeli Prime Minister Yair Lapid, who now leads the country’s opposition, is among those who sharply criticized members of the current government over their opposition to LGBTQ rights.
“Outside are standing, like every year, the wretched thugs of Lahava movement, demonstrating against us,” said Lapid. “Only this year these people are no longer just a ridiculous bunch of dark extremists — they are part of the government. Bezalel Smotrich, (Internal Security Minister) Itamar Ben-Gvir [and] Avi Maoz, are trying to push us all back into the closet, to the dark closet of their foreknowledge.

(Photo courtesy of WDG)
Thai MP Pita Limjaroenrat, who is the frontrunner to become the country’s next prime minister, is among those who participated in Bangkok’s Pride parade that took place on June 4. Limjaroenrat told reporters that his government will support marriage equality and a transgender rights law once it forms.
“Love is love and love must win,” said Limjaroenrat in a Facebook post.
Hundreds of people on June 4 participated in a Pride march in the Sri Lankan capital of Colombo.
Rosanna Flamer-Caldera, executive director of Equal Ground, a Sri Lankan advocacy group, on Wednesday noted to the Blade that her organization will hold a queer film festival and other events throughout Pride month. Activists in Jaffna, a city in northern Sri Lanka, are also planning to hold a Pride march.
These events will take place roughly four months after the Sri Lankan government announced it supports a bill that would decriminalize consensual same-sex sexual relations in the country.
“We are really proud of the work that we have done around bringing Pride to Sri Lanka,” said Flamer-Caldera. “It was an alien concept 19 years ago when we first started. We have started a movement in Sri Lanka around Pride.”

(Image courtesy of Rosanna Flamer-Caldera)
São Paulo’s annual Pride parade, which is among the world’s biggest, will take place on the city’s Paulista Avenue on June 11.
São Paulo LGBT+ Parade Vice President Renato Viterbo notes participants and organizers seek to “draw the attention of government officials to what public policies should be for all citizens, regardless of their sexual orientation.” The Movement for Homosexual Integration and Liberation, the Chilean advocacy that organizes the annual Pride parade in Santiago, the country’s capital, says it plans to use the June 24 event as a way to demand President Gabriel Boric’s government to strengthen the country’s anti-discrimination law and to create what it describes as “an anti-discrimination institutionality.”
Ugandan President Yoweri Museveni on May 29 signed his country’s Anti-Homosexuality Act with a death penalty provision for “aggravated homosexuality.” This year’s Pride events are also taking place against the backdrop of the war in Ukraine.
Anna Sharyhina, co-founder of the Sphere Women’s Association, a group that promotes LGBTQ and intersex rights in Ukraine, last September led a Pride march in a subway station in Kharkiv, the country’s second-largest city that is less than 30 miles from the Russian border in eastern Ukraine.

(Photo courtesy of Sphere Women’s Association)
The Liverpool City Region Pride Foundation and Kyiv Pride on July 29 will hold a joint Pride event in the English city of Liverpool.
“Liverpool and Ukraine remain united by love,” tweeted Pride in Liverpool on June 1. “This year Liverpool will showcase Kyiv and Ukraine’s LGBT+ spirit as our annual March with Pride is held jointly with Kyiv Pride.”
Liverpool and Ukraine remain united by love 💙💛
— Pride In Liverpool (@PrideInLpool) June 1, 2023
‼ Some BIG NEWS today and we're going to Shout It Loud ‼ This year Liverpool will showcase Kyiv and Ukraine's LGBT+ spirit as our annual March with Pride is held jointly with @KyivPride. 🇺🇦 🏳️🌈 🏳️⚧️❤️ pic.twitter.com/YbEVuTKKVy
The Baltic Pride March will take place in the Estonian capital of Tallinn on June 10. Reykjavík Pride will take place in the Icelandic capital from Aug. 8-13.
The importance of Reykjavík Pride is tremendous, and has always been tremendous, for both the queer community and the society around us. This is where we come together, fight for acceptance and celebrate our successes,” Reykjavík Pride Managing Director Inga Auðbjörg K. Straumland told the Blade. “However, the backlash is hitting us, like it’s hitting our siblings across the globe. We feel that the rights of our community are sliding backwards and we acknowledge that the fight is far from over.”
“This year it’s therefore very important that we come together, ready to continue to fight for our rights; especially for the rights of those that are most marginalized within our community,” added Straumland. “We do that by uniting. By talking, dancing, shouting, demanding, singing and painting the whole city in rainbow colors; showing the rest of the world that we’re going nowhere.”

(Photo courtesy of Inga Straumland/Reykjavík Pride)
Brody Levesque and WDG, the Blade’s media partner in Israel, contributed to this story.
National
Drag bans & Anti-LGBTQ laws loom over Pride celebrations
Anti-LGBTQ and anti-drag laws that Republican governors have signed have prompted Pride organizers to reconsider or even cancel their events

WASHINGTON – Anti-LGBTQ and anti-drag laws that Republican governors have signed have prompted Pride organizers to reconsider or even cancel their events this year.
The Bozanich Photography Collaborative, which organizes St. Cloud Pride in Florida, in its statement that announced the cancellation of its June 10 event noted the state “has recently passed a number of laws that target the LGBTQIA+ community” and they have “created a climate of fear and hostility for LGBTQIA+ people.”
Florida Gov. Ron DeSantis on May 17 — the International Day Against Homophobia, Biphobia and Transphobia — signed bills that ban gender-affirming health care for minors, restrict pronoun usage in schools and require public buildings and other facilities’ restrooms and locker rooms to have “separate facilities for men and women based on biological sex.” DeSantis on that day also signed House Bill 1438, which “protects children from explicitly adult performances in all venues — including drag shows and strip clubs” and “imposes fines and license suspension for hotels and restaurants that admit a child into an adult performance.”
The Republican presidential candidate last year filed a complaint against a Miami restaurant after LibsofTikTok broadcast a video of children attending a drag show.
The DeSantis administration this year has sought to revoke the liquor license of the Hyatt Regency Miami and filed a complaint against the Orlando Philharmonic Plaza Foundation after children attended drag shows at the respective locations.
Tampa Pride on May 18 announced the cancellation of its “Pride on the River” event. Organizers of Pridefest in Port St. Lucie only allowed those who were at least 21 years old to attend their annual event that took place in April.
Hamburger Mary’s in Orlando has sued DeSantis over HB 1438.

(Washington Blade photo by Yariel Valdés González)
The annual Stonewall Pride Parade and Street Festival is scheduled to take place in Wilton Manors on June 17.
Stonewall Pride CEO Jeffrey Sterling on Monday during a telephone interview with the Washington Blade pointed out Wilton Drive, the road on which the parade and festival will take place, is a state road.
He said performers and vendors will have to abide by a series of rules that include no nudity, no lewd conduct and no vulgarity or overtly sexual language. Sterling admitted HB 1438 and the other anti-LGBTQ bills that DeSantis signed “indirectly” prompted Stonewall Pride to implement them, but he stressed they do not apply to those who attend the parade and festival.
Sterling denied reports that suggest drag queens will not be allowed to perform.
“We need to be proud of the beauty of our culture while keeping in mind who we are entertaining,” he said. “Our standards should be that which we would use around our own children or our families’ nieces or nephews. We are performing for all ages, so the youngest in the audience should dictate the minimum standards we should adhere to.”
Miami Beach Pride took place on April 16, less than a week after Equality Florida and the Florida Immigrant Coalition issued a travel advisory for the state. The event took place before DeSantis signed HB 1438 and the three other anti-LGBTQ laws.

(Screenshot from video courtesy of Yariel Valdés González)
The third annual PensaPride will take place in Pensacola in Florida’s Panhandle on June 24.
Sydney Robinson, who is a member of PensaPride’s board of directors, during a June 1 telephone interview with the Blade noted the all-day festival is a sober event and “family-friendly, open to all ages.”
She noted drag queens typically perform at PensaPride, but organizers are “still sort of grappling to try and do something or if we want to avoid it altogether because of the new law.” Robinson was nevertheless adamant that Pride events should continue to take place in Florida, despite DeSantis and the anti-drag bill he signed.
“I’m really disappointed with any Pride events that cancel for that reason because I think there is a way to have a vibrant Pride event that doesn’t have drag,” she said. “If you really want to follow the law, if that’s your main concern, you could easily do a wonderful Pride event and just not have that element involved.”
“On the other end it’s like well Pride is a protest,” added Robinson. “That was the basis of Pride from the start.”

(Photo courtesy of Olivia Ashcraft/PensaPride)
‘We’re more motivated than ever’
Montana Gov. Greg Gianforte on May 22 signed a bill that bans drag story hours in public schools and libraries and restricts “sexually oriented performances” on public property. (His nonbinary child urged him to veto anti-LGBTQ bills that reached his desk during this year’s legislative session.)
Missoula Pride will take place from June 16-18.
“We’re more motivated than ever to put on just one big hell of a Pride festival,” Andy Nelson, executive director of the Western Montana LGBTQ+ Community Center, which organizes Missoula Pride, told the Blade on June 2 during a telephone interview. “This legislative session here in Montana has been devastating and we just need to come together as a community more than ever.”
Nelson noted the bill that Gianforte signed is specific to public libraries and schools. Nelson said drag queens will perform at Missoula Pride as they normally do.
“As far as drag performers performing at our street party in downtown Missoula, we’re good to go,” Nelson told the Blade. “And so we’re going to have a bunch of queens up there, like usual, doing their thing. They’ll be in the parade and we’re still going to have multiple drag events throughout the weekend.”

(Photo courtesy of Lo Hunter Photography)
A document the Department of Homeland Security shared with law enforcement and government agencies on May 11 notes anti-LGBTQ threats are increasing and are linked to “drag-themed events, gender-affirming care and LGBTQIA+ curricula in schools.” The document also warns of the potential increase in attacks against health care providers and businesses that specifically cater to LGBTQ people.
Police in Coeur d’Alene, Idaho last June arrested 31 armed white nationalists who were protesting a Pride event
“We were definitely on edge,” said Nelson, who noted Coeur d’Alene is less than three hours from Missoula and the arrests took place days after Missoula Pride. “What happened there is not out of the question, that it could happen here as well.”

(Photo courtesy of Lo Hunter Photography)
Nelson noted a small group of neo-Nazis with AR-15s in March protested an International Trans Day of Visibility event that took place at Missoula’s courthouse. He said a private security team and members of the Missoula Police Department will be on hand during Pride.
“We’re definitely keeping safety and security top of mind,” said Nelson.
Tennessee Gov. Bill Lee on March 2 signed Senate Bill 2, which imposes fines and even jail time for “male or female impersonators who provide entertainment that appeals to a prurient interest” on public property or where children are present.
Friends of George’s, a Memphis-based LGBTQ theater company, challenged SB 2 in federal court.
U.S. District Court Judge Thomas L. Parker of the U.S. District Court for the Western District of Tennessee on June 2 declared SB 2, which is also known as the Adult Entertainment Act, unconstitutional. The same federal judge temporarily blocked the law hours before it was to have taken effect.
Tennessee Equality Project Executive Director Chris Sanders on Monday noted to the Blade that Pride events took place in Memphis, Cookeville and in other cities across the state over the past weekend.
Sanders said drag queens performed in a public park during Columbia Pride that took place on Sunday. He noted some Pride celebrations “probably did make some contingency plans or change the way their celebration went on, but many continued to have drag as part of their celebrations.”
Sanders told the Blade that activists in Tennessee remain “extremely stressed, particularly about the anti-trans laws.”
The American Civil Liberties Union has filed a lawsuit against the state law that bans gender-affirming care for anyone who is under 18 years old. Sanders noted that statute “continues to hang over everything,” but Parker’s ruling was something to celebrate.
“People got a bit of relief, obviously, because of the drag ruling and people are very excited about that,” said Sanders.
Texas anti-drag bill has ‘broad and vague wording’
Texas Gov. Greg Abbott on June 2 signed a law that bans gender-affirming health care for minors in his state. Senate Bill 12 — which would “regulate sexually oriented performances” and “those performances on the premises of a commercial enterprise, on public property, or in the presence of an individual younger than 18 years of age” — is currently awaiting the Republican governor’s signature.
Nick Harpster, the public relations and advocacy coordinator of Lubbock Pride, on June 1 noted to the Blade during a telephone interview that SB 12 would take effect after his city’s Pride events if Abbott were to sign it into law.
He said SB 12 has “such a broad and vague wording and it’s left up to so much interpretation,” and questioned how it may specficially impact the Dallas Cowboy cheerleaders. Harpster said Texas lawmakers have definitely targeted drag queens with SB 12 and another bill that sought to defund public libraries that host drag queen story hours.
“That’s been the goal from the get go,” said Harpster.
Harpster said Lubbock Pride “may have to do some things differently” next year if Abbott signs SB 12. In the meantime, drag performances and drag story times are among the events that will take place during this year’s Lubbock Pride that will take place on June 10.

(Image courtesy Topher Covarrubio of NeverEnding Memories Photography)
Dawn Ennis, Christopher Kane, Michael Key and Brody Levesque contributed to this story.
Politics
Chris Christie, Mike Pence officially enter 2024 presidential race
“Worst Vice President for LGBTQ People In Modern History,” the HRC chronicled a list of Pence’s anti-LGBTQ actions

WASHINGTON – During a town hall event Tuesday in New Hampshire and in a launch video released Wednesday morning, former New Jersey Gov. Chris Christie (R) and former Vice President Mike Pence (R) entered the 2024 presidential race.
For years, both were staunch allies of the current Republican frontrunner, former President Donald Trump, breaking with him only after the Jan. 6 attack on the U.S. Capitol, which came after Pence’s refusal to overturn the 2020 election results and prompted Christie to declare Trump unfit for a second term.
Echoing other critical comments he has made in recent months, the former governor’s announcement Tuesday directly took aim at Trump, “a lonely, self-consumed, self-serving mirror hog” who “is not a leader.”
For his part, Pence neither mentioned Trump by name nor included any photos or video footage of the former president in his announcement video, acknowledging him only indirectly by asserting that “different times call for different leadership.”
Christie, Pence, and Trump will also be squaring off against several other Republican candidates in the GOP presidential primary: former South Carolina Gov. Nikki Haley, who also served in the Trump administration, U.S. Sen. Tim Scott (S.C.), former Arkansas Gov. Asa Hutchinson, entrepreneur Vivek Ramaswamy, talk radio host Larry Elder, and Florida Gov. Ron DeSantis.
An evangelical born-again Christian, Pence has opposed LGBTQ rights stridently and consistently throughout his career in politics as a member of the U.S. House of Representatives, as governor of Indiana, and then as vice president.
Declaring him the “Worst Vice President for LGBTQ People In Modern History,” the Human Rights Campaign chronicled a list of Pence’s anti-LGBTQ actions and statements over the years, including his endorsement of conversion therapy and opposition to hate crime laws for their inclusion of violence motivated by animus toward the victim’s sexual orientation or gender identity.
In February, a group formed by Pence and financed by his supporters ran ads in Iowa to rally conservative opposition to pro-trans policies in schools.
By contrast, Christie has a far more moderate record with respect to LGBTQ matters. “If someone is born that way, it’s very difficult to say then that that’s a sin,” he said in 2013, while signing New Jersey’s ban on conversion therapy.
The GLAAD Accountability Project, however, notes Christie’s veto of a bill in 2014 that would have allowed trans people in the state to change the gender designation listed on their birth certificates. The group also highlighted his veto of a marriage equality bill in 2012.
Politics
Unprecedented times for companies facing anti-LGBTQ backlash
The controversy illustrates the unpredictability and arbitrariness of online flare-ups often driven partially or entirely by misinformation

WASHINGTON – The precipitous rise of anti-LGBTQ sentiment in America has increasingly put corporate allies in the crosshairs of fraught culture war battles, creating unprecedented challenges for firms as they navigate business decisions during Pride month.
Concerns follow recent cases in which Target Corp. and Anheuser-Busch InBev suffered financial and reputational damage – first, when their outreach to LGBTQ customers provoked backlash, and again when the companies backed down in response to their anti-LGBTQ critics.
How should firms approach Pride month promotions in a climate where even the most minor or anodyne move can inspire right-wing calls for boycotts, or even threats of violence? What obligations do companies have to their LGBTQ customers, many of whom have long objected to brands’ tendency to offer performative demonstrations of support for the community to boost their sales in June?
Three experts spoke to the Washington Blade to address these and other questions.
Andrew Isen is founder and president of WinMark Concepts, a firm that provides marketing services targeting LGBTQ audiences and customers, primarily for large publicly traded companies. Todd Evans is president and CEO of Rivendell Media, a firm that coordinates and manages advertising and marketing campaigns that are run in LGBTQ media. And Jack Mackinnon is senior director of cultural insights at Collage Group, a consumer research firm whose customers include many of the world’s biggest and best-known brands.
False claims on social media that an item in Target’s seasonal Pride collection – a “tuck-friendly” swimsuit – was offered in children’s sizes led to in-store confrontations that prompted the retailer to respond by moving merchandise to the back of stores and off the floor in some rural southern locations.
The controversy illustrates the unpredictability and arbitrariness of online flare-ups targeting individual companies, often driven partially or entirely by misinformation, the sources agreed.
“We are literally jumping from crisis to crisis to crisis,” Isen said, adding “we are in uncharted territory” where companies are “unable to foretell on an hourly basis what will blow up on social media,” and responding effectively is made more difficult when the claims at issue are “patently untrue.”
As a result, “there is a real reticence to move forward” on outreach to the LGBTQ community “until things work themselves out,” Isen said. Companies are now struggling with balancing their obligations to LGBTQ customers and their corporate shareholders, he said.
Evans said part of the problem is proportionality. Pressures from a small and vocal contingent of anti-LGBTQ consumers are amplified by unregulated social media platforms, he noted.
For example, he said, “One Million Moms,” a division of the American Family Association that is known for demanding boycotts against companies that have embraced the LGBTQ community, only has a few thousand Twitter followers.
Isen and Evans said that while brands have long been attacked for publicly embracing the LGBTQ community, the controversy over Bud Light’s social media spot featuring transgender influencer Dylan Mulvaney marked a tipping point because of the resulting harm to parent company Anheuser-Busch’s bottom line.
Negative ramifications would have been thwarted, Isen said, had the company not reacted with a defensive posture by issuing a statement that “we never intended to be part of a discussion that divides people.”
“There’s no PR professional that would have recommended” Anheuser-Busch respond in the way that it did, agreed Evans.
To the extent that firms can anticipate when they may encounter anti-LGBTQ backlash, the sources agreed it is generally directed at the transgender community and anything involving minors – as seen in the rise in attacks against all-ages drag performances, for instance, and legislation targeting the rights of trans Americans, especially youth.
Evans said transphobia is part of a broader reactionary moment in American politics that presents a threat to the entire LGBTQ community and “anybody else who is different.” Isen noted the political climate has been defined by a right-wing crusade against “wokeness” led by the likes of Florida’s Republican Gov. and 2024 presidential contender Ron DeSantis.
Mackinnon, however, said the anti-trans backlash is distinct. “Other LGBTQ+ issues like gay marriage are not very controversial” from a marketing and advertising perspective, but there has been a shift in recent years as “people starting to think about transgender issues on a higher level,” he said.
Misinformation can be weaponized and exploited to a greater extent when it concerns gender issues about which many Americans are still unfamiliar, Mackinnon said.
As they approach any business decision concerning advertising or outreach to the LGBTQ community, the sources agreed the Bud Light dustup may offer important lessons for companies moving forward into Pride month and beyond.
When the beermaker approached Mulvaney, “the decision to engage her was done for business reasons,” Isen said, as the company saw a valuable opportunity to tap into a broader market of young potential customers. The influencer “has a demographic following that fit perfectly into a market expansion opportunity for the brand that was in double digit decline.”
The company’s response, he said, was a problem because Anheuser-Busch seemed to characterize its work with Mulvaney as, instead, a cultural outreach effort – which rang insincere and “alienated the entire LGBTQ community, bar owners in the trade, and consumers.”
“Had they stood firm and said, ‘we made a calculated business decision to engage this social influencer as we have thousands of other social influencers,’ it would have been a different story,” Isen said.
Anheuser-Busch’s major miscalculation was failing to build a relationship with its LGBTQ customers who might otherwise be inclined to forgive the company’s decision to back down to pressure from anti-trans extremists “with its delayed response and then a really unthoughtful response,” Evans said. Engendering goodwill with the community is crucial, he said.
“This is a brand that was not necessarily known for [LGBTQ] outreach in their marketing,” Mackinnon said, “so when they partnered – in a very small way, by the way – and dabbled in a partnership with [Mulvaney], that caught some people by surprise, potentially, and they put themselves in an awkward position to explain what it was that they were doing.”
As a result, he said, for many people Anheuser-Busch’s business decision to work with Mulvaney seemed insincere or opportunistic.
Mackinnon said consumer research indicates that young people, especially, are inclined to research individual companies to assess the extent to which their support for inclusivity is sincere and baked into their corporate governance, rather than performative and motivated entirely by profit chasing.
As an example, Mackinnon pointed to cases where, following the murder of George Floyd, firms expressed their support for the Black Lives Matter movement, only to face criticism when customers discovered the lack of diversity in their boards of directors.
“Brands should be thinking about not [just] what should my campaign be for this June, but where do we want to be in terms of building trust six months from now, a year from now, five years from now,” Mackinnon said.
“Most of that work is quiet and under the surface and behind the scenes, and it is essential for building a platform and a framework and a foundation to have any other effective types of campaigns,” he said.
Part of this strategy should also include clear and consistent messaging on online platforms, which Mackinnon said can act as an effective bulwark against the spread of misinformation targeting companies.
“A brand that is investing in transgender, LGBTQ+ consumers,” he said, must “be ready to know how to explain [those investments] and how to combat that misinformation” with quick, simple responses provided in real time.
Used properly, Mackinnon said, social media can be an effective tool for firms to build trust – allowing for opportunities to engage in discussions and storytelling in a conversational fashion not afforded by other forms of corporate communication.
The ascendency of transphobia and anti-LGBTQ sentiment comes as Americans’ faith in institutions – politics, traditional media, scientific and medical expertise – continues to plummet.
These conditions have primed consumers to “look to brands to speak to these issues,” Mackinnon said, “not to, like, heal the world, but to operate as influencers on the issues that are front-of-mind for people.”
Companies might, then, see not just a set of challenges but also valuable opportunities for LGBTQ outreach during Pride month. Acting thoughtfully, these firms might maximize their market caps for the month of June without alienating their LGBTQ customers while also, potentially, helping to facilitate a world in which more Americans might be down to have a beer with a trans neighbor or bring their kids to a drag performance.
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