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“America’s Doctor:” Outlining issues with Dr. Oz’s pseudoscience

Newport Beach-based cardiologist Dr. Danielle Belardo says Oz is a symptom of broader & more systemic problems in American healthcare systems

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Mehmet Oz campaigning with former President Trump (Screenshot/YouTube NBC News)

NEWPORT BEACH, Ca – By now, most folks are probably familiar with the widely ridiculed video released by Mehmet Oz’s Senatorial campaign, which followed his journey through a supermarket’s produce section on a mission to find ingredients for a crudité platter (otherwise known as a vegetable tray).

Oz’s Democratic opponent in the Senate race, Pennsylvania Lieutenant Governor John Fetterman, was quick to join the online mockery over the viral video, which began with the celebrity doctor’s announcement that he was at “Wegners” (not a real place, though possibly a portmanteau of Wegmans and Redner’s, two actual grocery chains with stores in Pennsylvania.) 

In response, the Oz camp told Business Insider that had he “ever eaten a vegetable in his life,” perhaps Fetterman would not have suffered a stroke in May. That provoked a strong rebuke from Real Doctors Against Oz, a group of more than 100 Pennsylvania physicians who have vocally raised their objections to the candidate’s habit of promoting dangerous pseudoscience and dubious medical advice. 

But Oz’s peers in the scientific and medical community have been sounding the alarm about these concerns well before his campaign’s suggestion that a plate of crudité keeps the stroke away, as Newport Beach-based cardiologist Dr. Danielle Belardo told The Los Angeles Blade on Friday. 

Newport Beach-based cardiologist Dr. Danielle Belardo

Co-chair of the American Society for Preventive Cardiology Nutrition Committee, Dr. Belardo is an influential advocate for science-based medicine and accurate communication about health and nutrition, including through her podcast “Wellness: Fact vs. Fiction.” 

She told The Blade Oz is a symptom of broader and more systemic problems in the American healthcare system. And if elected, he would gain even more power and influence at a time in which the internet and social media have, by orders of magnitude, accelerated the spread of false information about science and medicine. 

“America’s Doctor” has already caused tremendous harm

Oz’s credentials are impeccable. It was not for no reason that Oz was once hailed by The New York Times as “one of the most accomplished cardiothoracic surgeons of his generation.” Triple board certified, he was vice-chair of Columbia University’s surgery department, the author of hundreds of peer-reviewed papers, and the recipient of several patents. Dr. Belardo pointed to his involvement in the creation of the MitraClip – a device used to treat leaky heart valves that effectively replaced the conventional treatment, a far riskier open-heart surgery. (A study by the New England Journal of Medicine found it could save millions of lives.) 

Oz’s subsequent “foray into pseudoscience,” Dr. Belardo said, “was quite a departure from his previous career.” 

After becoming a public figure through his appearances on “The Oprah Winfrey Show,” Oz won a national audience and a wildly popular daytime TV program. There, he embraced and promoted ideas about science and medicine that, in many cases, even a layperson would be capable of correctly identifying as pseudoscientific quackery. (The reasons why he chose this path are a mystery not worth exploring here. A lengthy 2013 New Yorker profile offers some answers, none that are particularly satisfying.) 

According to research in the British Medical Journal, which analyzed the overall quality of health claims made on “The Dr. Oz Show,” fewer than half of a sample of recommendations made on the program were supported by any credible evidence. 

Below is semi-complete accounting of the ways in which Oz abused his platform as “America’s Doctor” over 13 seasons from 2009 to 2022.

  • Oz claimed popular brands of apple juice contained dangerous levels of arsenic, which was not true and caused unnecessary alarm. The FDA called the segment “irresponsible and misleading” 
  • Oz promoted homoeopathy as an alternative to prescription drugs for the treatment of aches and pains, despite the overwhelming scientific and medical consensus that there is no evidence the practice works. Homeopathy is among the most widely debunked forms of alternative medicine, and safety concerns with homeopathic products have been flagged by the National Institutes of Health, the Federal Trade Commission, and the FDA
  • Oz discussed conversion therapy, treating arguments from proponents and opponents of the practice as equally legitimate, despite the position held by mainstream medical and psychiatric organizations that it’s ineffective and dangerous
  • Oz promoted iridology, all forms of which have been rejected by medical doctors as pseudoscience and quackery 
  • Oz told his viewers about a study that purported to show that genetically modified foods have damaging health impacts and can cause cancer. Almost as soon as it was published, researchers had discredited the study
  • Oz repeatedly promoted the use of colloidal silver supplements for a variety of maladies including colds, viruses, bacteria, and wounds, despite the absence of any evidence for its use in the treatment or prevention of any medical condition and the risk that it may cause a condition called argyria, which turns the skin blue-grey and is irreversible
  • Oz warned that women increase their risk of developing breast cancer by carrying cellphones in their bras, which is not supported by any scientific evidence and again caused unnecessary alarm
  • Oz told his audience that supplements containing green coffee extract is “magic” and a “miracle” for weight loss, despite the absence of reliable evidence of any health benefits. The segment was among the reasons Oz was called to testify before a Senate hearing on consumer protection, where he was roundly criticized by members of both parties including former Missouri Sen. Claire McCaskill, who told him: “The scientific community is almost monolithic against you in terms of the efficacy of the three products that you call ‘miracles,’” adding, “I don’t know why you need to say this stuff, because you know it’s not true”
  • Oz promoted the unproven use of hydroxychloroquine for treating covid, parroting – on his own show and in more than 25 appearances on Fox News – the claims about the drug made by then-President Donald Trump. (Oz stopped advocating for hydroxychloroquine only after a Veterans Affairs study showed covid patients were more likely to die when treated with it) 

Oz is not alone

Few American physicians can boast of professional accomplishments in science and medicine that rival Oz’s. None have attained his level of celebrity. But with respect to providers who peddle pseudoscience despite having the education and professional training to know better, or despite having ties to respected institutions like academic research hospitals, Oz is not unique.

Dr. Belardo pointed to Mark Hyman of the renowned Cleveland Clinic, a trained MD who “promotes tons of misinformation about pseudoscience…selling things like detoxes and cleanses.” The American Council on Science and Health (ACSH) branded him the “Dr. Oz of nutrition” for peddling pseudoscientific “lies” about dietary health, once going as far as to compare the harms of processed foods to the Holocaust. Hyman practices “functional medicine,” which ACSH described as “a form of alternative medicine that encompasses a number of unproven and disproven methods and treatments.”

“Unlike politics, when it comes to science there is no ‘two sides,’” Dr. Belardo said. “Scientific evidence is a process of critically evaluating data in a systematic and rigorous way and interpreting that data,” she said. Unlike politics, it’s based on facts, not feelings.

Likewise, “There’s no such thing as ‘alternative medicine’ and ‘regular medicine’ – there’s just medicine,” Dr. Belardo said, adding: “If something that might be considered ‘alternative’ has enough robust scientific evidence, it would be included in medical care” – for instance, in the guidelines published and maintained by major medical organizations.

“Alternative medicine” covers a variety of practices, often with fuzzy definitions and unclear distinctions. Among many others, common terms include “complementary and alternative medicine,” “wellness,” “integrated” or “integrative medicine,” “holistic medicine,” and “natural” or “naturopathic medicine.” 

They are all pseudoscience – lacking biological plausibility, testability, reproducibility or repeatability, or evidence of their safety and efficacy (as gathered via clinical trials) – the very standards that, by contrast, are demanded of the diagnostic tools, pharmacological treatments, surgical procedures, and other forms of care offered in traditional medicine.

Sometimes, alternative medicine is provided as a supplement to traditional, evidence-based care, in which case it can be benign or even helpful – insofar as it may have a placebo effect or provide comfort to patients. In other cases, for a variety of reasons, people forego care from legitimate medical providers in favor of those practicing pseudoscience. 

Complicating matters is the fact that it can often be very hard to tell the difference, Dr. Belardo said: “Predatory pseudoscientific providers prioritize and take advantage of the people who don’t understand the scientific process.” They typically use scientific language that only those with formal medical training would be able to recognize as bogus – and even doctors can be misled. 

“Even though I’m a physician, I still can get duped and confused about scientific claims that are outside my specialty,” Dr. Belardo said. She added that some of the claims about “clean” beauty products – billed as less harmful to the skin and body because they are free from synthetic chemicals – looked facially plausible to her but did not hold up to scrutiny by “rigorously scientific dermatologists.”  

Practitioners with formal training in legitimate medicine like Hyman and Oz further “muddy the waters,” Dr. Belardo said, lending the veneer of legitimacy to pseudoscientific practices while sowing doubt and mistrust towards lifesaving evidence-based medicine.

Pseudoscience kills

The financial incentives for practicing pseudoscience are considerable. The providers and businesses associated with non-evidence based medical practice (like supplement companies) are making lots of money, Dr. Belardo said. The industry is also backed by a powerful lobby and faces far less regulation than traditional medicine. 

Many patients seeing pseudoscientific providers will pay out-of-pocket for products, supplements, treatments, and procedures that are often not covered by insurance and have not been proven safe, nor shown any therapeutic effect for the treatment of any disease or health condition. 

Other patients will suffer physical harms. Dr. Belardo said she has seen arrythmias, liver toxicity and failure, and bad interactions with prescribed heart medicines from patients because they were treated by an alternative provider who gave them underregulated herbal medications and supplements. 

That is hardly the full extent of the problem, however. “When we think about harms we’re not just talking about unregulated supplements – which can cause harms – but rather, something I see frequently, harms from misdiagnoses,” Dr. Belardo said. In such cases, the patient sees “an alternative provider and it delays the diagnosis of an underlying medical condition that requires guideline-directed medical therapy and treatment.”  

Dr. Belardo recounted a case where a gastroenterologist in her practice saw a patient who had been prescribed supplements for an iron deficiency, under the care of an alternative provider who did not perform a workup to determine the underlying cause of her condition. When Dr. Belardo’s colleague did a colonoscopy/upper endoscopy on the patient, per the diagnostic protocol, she discovered stage 4 colon cancer. “Had that been caught two years earlier, it would be a different scenario,” Dr. Belardo said. 

There are even more extreme examples of negligent and harmful practices by alternative providers. For example, a few years ago, a California patient died after a naturopathic doctor intravenously administered curcumin as a supposed treatment for eczema. The provider was previously among 34 defendants served with a lawsuit for their use or advertising of so-called “ozone therapies,” through which the toxic gas is injected into joints or into a patient’s rectum or vagina with a catheter. 

In 2020, a practice in Dallas was ordered to stop claiming that ozone therapy can cure covid, an example of a larger trend identified by Canada’s Institute for Research on Public Policy (IRPP), which wrote in 2020 that “Alternative medicine practitioners are leveraging the fear around coronavirus to sell products and procedures that are scientifically unproven.”

Oz and others practicing pseudoscience accelerate the spread of false information about science and medicine

The IRPP also linked alternative medicine to the proliferation of online misinformation about covid, with different “specialties” associated with different forms of “harmful noise”: Naturopaths have recommended useless supplements as preventative solutions as well as treatments, while homeopaths have endorsed a concoction later shown to cause liver damage. Aromatherapists and acupuncturists have stepped in to offer their services, which are comparatively benign but no more useful for the prevention or treatment of covid (or any other virus, for that matter).

When it comes to harmful, false messages about vaccines, practitioners of alternative medicine are among the worst offenders. A 2018 NIH study found that childhood vaccinations were less likely to be up to date among families that consulted a practitioner of alternative (“complementary”) medicine and more likely to be up to date among families that saw a general practitioner. 

These problems get worse as Americans become less literate in health science, more susceptible to conspiratorial thinking, and more distrustful of modern medicine and legitimate health institutions. As Carl Sagan wrote, “Pseudoscience is embraced, it might be argued, in exact proportion as real science is misunderstood.”

“Unfortunately, I see it frequently and all too often,” Dr. Belardo said. “And this is actually something that physicians are seeing across the U.S., and it’s no longer just a southern California trend. With the advent of social media, pseudoscience and disinformation is accessible through the internet,” where it spreads widely and quickly, presenting problems that the medical community has been slow to understand and address. 

“Medicine is an older system. Our medical societies are just catching up with social media. The pandemic was first time many physicians who are older and who are higher up in our field began to grapple with the amount of misinformation that is spread on social media,” Dr. Belardo said. Thankfully, “major organizations are starting to take a stand,” she said, noting the American Medical Association’s pledge to intervene when misinformation about covid is spread online and on social media platforms. 

Oz’s election to Congress, certainly, would not help matters. “Just looking at his history of endorsing pseudoscientific views and non-evidence-based medicine, he is not someone capable of helping to elevate social media to a place where people can find trusted scientific information,” Dr. Belardo said. 

Oz may have soiled his reputation among his peers, but he did not earn the moniker of “America’s Doctor” or build a devoted fanbase that propelled his TV show to win nine Daytime Emmy Awards over its 13 seasons for no reason. With Americans’ confidence in Congress reaching a new low of 7% this year, is the public likelier to trust Oz’s opinion less than another Senator’s when they differ on issues like the safety of vaccines or public policy solutions to mitigate a new strain of covid? 

Lest anyone think this would come into play only in the context of immunizations and infectious disease, consider that Oz, who is armed with far greater expertise in science and medicine than now exists in the entire Congressional GOP caucus, was “just asking questions” in that segment on his show about whether conversion therapy should be considered a legitimate “treatment” for homosexuality and gender dysphoria. (Dr. Belardo called Oz’s unscientific and anti-LGBTQ+ framing of the topic “nauseating.”) 

In the Senate, Oz would have a powerful regulatory role over alternative medicine 

What is the difference between a wellness influencer and physician practicing pseudoscientific alternative medicine? Well, it might depend on where they live. To the extent that any regulation may exist, rules governing the practice of non-mainstream medicine differ tremendously state-by-state. 

Complicating matters, distinctions among the various forms of alternative medicine are unclear and confusing – as are the occupational titles and educational and training requirements of those who practice in the space. 

The classification and regulation of naturopaths provides a representative example of how alternative medicine is treated differently across different jurisdictions in America. According to overwhelming evidence presented in peer reviewed journals, naturopathic providers recommend against evidence-based medical testing, pharmacological treatments, vaccinations, and surgery in favor of unscientific diagnoses and treatments without evidentiary support. Quacks, in other words, who practice charlatanism and promote therapies that are often ineffective, harmful, and unethical. 

Seventeen U.S. states allow naturopathic doctors to use the designations ND (“Naturopathic Doctor”) or NMD (“Naturopathic Medical Doctor”). Among these states, 12 allow for some health insurance coverage. In these states, the widely discredited alternative medical practice is given the appearance of legitimacy. 

Even more alarming, 12 states and U.S. jurisdictions allow naturopaths to prescribe prescription medications, while nine allow them to perform minor surgeries. South Carolina and Tennessee specifically prohibit the practice of naturopathy. 

It is not difficult to imagine that if elected to the Senate, Oz would use his legislative powers to loosen regulations of alternative medical providers and associated industries or otherwise treat these actors favorably. 

In the absence of clear regulatory solutions to the multifaceted problems presented by alternative medicine and the spread of misinformation and disinformation, Dr. Belardo stressed the role of self-regulation by doctors – and the importance of advocating for evidence-based medicine wherever possible.

She pointed to California State Sen. Richard Pan (D-6), a practicing pediatrician as “a wonderful example.” Dr. Pan wrote a bill, signed into law in 2019, that prohibits fake medical exemptions for vaccinations of minors. For this, he was targeted with smear campaigns and violence from anti-vaccine advocates. 

In an interview with the AMA, Dr. Pan said he urges physicians to tell “their patients that the COVID vaccine is safe and effective. It’s been thoroughly evaluated, administered to hundreds of millions of people.” And “If their patients have questions, they should encourage them to ask those questions and get accurate answers from either themselves or trusted sources, like the American Academy of Pediatrics or the Centers for Disease Control and Prevention.”

Dr. Belardo said other prominent figures in the medical community who have used their platforms to advocate for evidence-based science and medicine include Drs. Jennifer Gunter and Yoni Freedhoff. 

For laypeople, meanwhile, there are ways to filter out pseudoscience. Dr. Belardo said she advises her patients to find another provider if given a diagnosis or offered a treatment that contradicts with the scientific consensus of major medical organizations. These groups typically have resources and guidelines – unassailably reliable – that are written specifically for patients, she said.

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Congress

51 lawmakers sign letter to Rubio about Andry Hernández Romero

U.S. Rep. Robert Garcia (D-Calif.) spoke about gay Venezuelan asylum seeker

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

Forty nine members of Congress and two U.S. senators, all Democrats, signed a letter Monday to Secretary of State Marco Rubio demanding information about Andry Hernández Romero, a gay Venezuelan national who was deported to El Salvador and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT

“We are deeply concerned about the health and wellbeing of Mr. Hernández Romero, who left Venezuela after experiencing discriminatory treatment because of his sexual orientation and opposition to Venezuela’s authoritarian government,” the lawmakers wrote. They urged the State Department to facilitate his access to legal counsel and take steps to return him.

After passing a credible fear interview and while awaiting a court hearing in March, agents with U.S. Immigration and Customs Enforcement reportedly transported Hernández out of the U.S. without due process or providing evidence that he had committed any crime.

In the months since, pressure has been mounting. This past WorldPride weekend in Washington was kicked off with a rally in front of the U.S. Supreme Court and a fundraiser, both supporting Hernández and attended by high profile figures including members of Congress, like U.S. Rep. Mark Takano (D-Calif.)

U.S. Rep. Robert Garcia (D-Calif.) was among the four members who wrote to Rubio about Hernández in April. On Friday, he spoke with the Los Angeles Blade before he and his colleagues, many more of them this time, sent the second letter to Rubio.

“There’s a lot of obviously horrible things that are happening with the asylum process and visas and international students and just the whole of our value system as it relates to immigration,” he said, which “obviously, is under attack.”

“Andry’s case, I think, is very unique and different,” the congressman continued. “There is, right now, public support that is building. I think he has captured people’s attention. And it’s growing — this is a movement that is not slowing down. He’s going to be a focal point for Pride this year. I mean, I think people around the world are interested in the story.”

Garcia said he hopes the momentum will translate to progress on requests for proof of life, adding that he was optimistic after meeting with Hernández’s legal team earlier on Friday.

“I mean, the president, Kristi Noem, Marco Rubio — any of these folks could could ask to see if just he’s alive,” the congressman said, referring to the secretary of Homeland Security, whom he grilled during a hearing last month. ICE is housed under the DHS.

“People need to remember, the most important part of this that people need to remember, this isn’t just an immigration issue,” Garcia noted. “This is a due process issue. This is an asylum case. We gave him this appointment. The United States government told him to come to his appointment, and then we sent him to another country, not his own, and locked him up with no due process. That’s the issue.”

Garcia said that so far neither he nor his colleagues nor Hernández’s legal team were able to get “any answers from the administration, which is why we’re continuing to advocate, which is why we’re continuing to reach out to Secretary Rubio.”

“A lot more Democrats are now engaged on this issue,” he said. U.S. Sens. Adam Schiff and Alex Padilla, both from California, joined Monday’s letter. “The more that we can get folks to understand how critical this is, the better. The momentum matters here. And I think Pride does provide an opportunity to share his story.”

Asked what the next steps might be, Garcia said “we’re letting his legal team really take the lead on strategy,” noting that Hernández’s attorneys have “already engaged with the ACLU” and adding, “It’s very possible that the Supreme Court could take this on.”

In the meantime, the congressman said “part of our job is to make sure that that people don’t forget Andry and that there is awareness about him, and I think there’s a responsibility, particularly during WorldPride, and during Pride, all throughout the month — like, this is a story that people should know. People should know his name and and people should be aware of what’s going on.”

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Breaking News

Controversy brews in the City of Glendale over support of Pride event

Republican Mayor Ara Najarian pushes back on funding family-friendly Pride event

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GlendaleOUT poses for a photo. (Photo courtesy of glendaleOUT)

Over the last three weeks, glendaleOUT — a local LGBTQ group based in Glendale, California and city leadership have been at odds over securing financial support of a family-friendly Pride event set to happen on Saturday, June 7. As of Tuesday, Glendale’s city council voted 3-2 in favor of funding the event, ending a weeks-long argument over securing the funds.

The controversy began when the group highlighted how neighboring cities have visibly demonstrated support for Pride Month celebrations across the county, while the City of Glendale has yet to sponsor events with banners, city logos and financial sponsorship. 

Councilmember Dan Brotman proposed $5,000 in sponsorship funds, noting that the city has funded other cultural events with much larger amounts. 

Local leaders, but specifically Mayor Ara Najarian — who was just re-elected for a fifth term — are pushing back and opposing the proposal for funding. According to sources, Mayor Najarian openly opposed the proposal, stating a distant conflict of interest as the reason for the opposition. 

LGBTQ advocates have been quoted as saying this is a “bad-faith political tactic, not grounded in any real conflict of interest.” 

The next potential vote is expected to happen today at a city council meeting. Organizers say that the Pride event will happen regardless, but that they still hope to shed light on the patterns of sexual orientation-based discrimination in the city council. 

For more information about the free community Pride event, visit glendaleOUT’s website.

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California

LA County officially kicks off Pride Month with blessing from The Sisters of Perpetual Indulgence

‘This needs to be done, because once again, our county and our nation houses people who want us gone, who wish us harm’

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The LA County Board of Supervisors and the LA County LGBTQ+ Committee gathered on Tuesday, June 3, to officially kick off Pride Month across the county with a blessing from The Sisters of Perpetual Indulgence, who purified the space with their sacred chicken, then led everyone in blessing the Progress Pride flag before raising it at the Kenneth Hall of Administration. 

“By raising this flag, the emblem of our souls and of our souls, of our love, of our survival, and of the gifts we offer to every Angeleno in this county — you all declare and you declare to everyone both here and abroad, that we are your people and you affirm that this is our home too,” said Sister Unity. “This needs to be done, because once again, our county and our nation houses people who want us gone, who wish us harm.” 

LA County Supervisors and other community leaders gathered on Tuesday at the Kenneth Hall of Administration to raise the Progress Pride flag in honor of Pride Month. (Photo credit to Diandra Jay)

Supervisors Janice Hanh, Holly J. Mitchell, Lindsey P. Hovarth and Hilda L. Solis spoke on the importance of representation in the face of discrimination, homophobia and transphobia. 

Supervisor Hahn mentioned in her speech that her father, Kenneth Frederick Hahn designed the LA County flag and it was clear to her that he believed that a flag was more than just a piece of fabric. 

“My dad, the original Supervisor Hanh, designed the LA County flag and he understood that a flag is not just fabric. A flag is a symbol. It’s a visual representation of who we are, what we value and what we stand for.” 

Two years ago, Supervisor Hahn started the tradition to raise the flag alongside the one her father designed and then it was Supervisor Horvath who suggested that the Pride flag be flown on all county facilities across Los Angeles. 

“Now, in every corner of our vast county — from our lifeguard stations on our beaches, to every library, fire station — and may I add: all eight county buildings in the city of Downey. Wherever there is a county facility, the Progress Pride flag will send a clear, powerful message to our LGBTQ residents: ‘your county government unequivocally and unapologetically has your back.’”

The comment about the city of Downey is in regards to a controversial Pride flag ban that was enacted last year. 

Supervisor Hahn then introduced LA County Assessor Jeff Prang, one of the longest-serving, out, elected officials in the state of California. Due to his long history in government and as a member of the LGBTQ community, Assessor Prang helped launch the LA County LGBTQ Elected Officials Association with over 50 active members from all levels of government. 

“We are in a moment of crisis in the nation. Across the country, an extremist movement is working to dismantle LGBTQ rights — from banning books to criminalizing gender-affirming care, to silencing drag performers, to targeting our youth and families with cruelty disguised as policy,” said Assessor Prang. “These are not isolated incidents, this is a campaign of fear and repression.” 

Héctor Trinidad-Plascencia, the Chair of LGBTQ+ Commission, encouraged attendees who are not from the queer and trans communities, to remove the blockages that keep them from being in solidarity with queer and trans people. 

“With your solidarity, we are creating a different world together starting in our county home and for the nation to follow,” they said.

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White House

DOJ launches investigation into Calif. trans student-athlete policy

State AG vows to defend Golden State laws

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Justice Department (Bigstock photo)

One day after President Donald Trump threatened to strip California of “large scale federal funding” over its policy on transgender student-athletes, his Justice Department announced it is investigating the state for potentially violating Title IX.

“The investigation is to determine whether California, its senior legal, educational, and athletic organizations, and the school district are engaging in a pattern or practice of discrimination on the basis of sex,” the DOJ said in a statement. 

The DOJ said it notified State Attorney General Rob Bonta, State Superintendent of Public Instruction Tony Thurmond, the Jurupa Unified School District, and the California Interscholastic Federation of its investigation. 

AB Hernandez, 16, is an out trans female student-athlete at Jurupa Valley High School who qualified for this weekend’s state track and field championship. As the Los Angeles Blade reported earlier this week, the CIF announced a change in the rules at the finals to accommodate girls who were displaced by Hernandez, including giving medals to cisgender competitors who earn a podium spot should Hernandez place ahead of them.

“We remain committed to defending and upholding California laws and all additional laws which ensure the rights of students, including transgender students, to be free from discrimination and harassment,” said Bonta in a statement. “We will continue to closely monitor the Trump administration’s actions in this space.”

As KTLA reported, California is one of 22 states that allow trans student-athletes to participate in sports consistent with their gender identity. Former Gov. Jerry Brown signed that policy into law in 2013.

The DOJ announced it is also now supporting a federal lawsuit targeting Bonta and the state Department of Education, claiming that California law and CIF policy discriminate against cisgender girls by allowing trans female athletes to compete according to their gender identity. 

The lawsuit was filed by a conservative law group, Advocates for Faith and Freedom, representing the families of two girls at Martin Luther King High School in Riverside. Their suit claims the school’s cross-country team dropped one athlete from her varsity spot in favor of a trans athlete and that school administrators compared their “Save Girls Sports” T-shirts to swastikas.

Officials in Washington also weighed-in, referring to trans girls and women as “males.” 

“Title IX exists to protect women and girls in education,” said Assistant U.S. Attorney General for Civil Rights Harmeet K. Dhillon. “It is perverse to allow males to compete against girls, invade their private spaces, and take their trophies.”

“The law is clear: Discrimination on the basis of sex is illegal and immoral,” said U.S. Attorney Bill Essayli. “My office and the rest of the Department of Justice will work tirelessly to protect girls’ sports and stop anyone — public officials included — from violating women’s civil rights.”

According to Gov. Gavin Newsom’s office, out of the 5.8 million students in California’s K-12 public school system, the number of active trans student-athletes is estimated to be in the single digits.

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Congress

Garcia confronts Noem over gay asylum seeker ‘forcibly removed’ to El Salvador

Andry Hernández Romero is makeup artist from Venezuela

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

California Congressman Robert Garcia on Wednesday asked Homeland Security Secretary Kristi Noem about the well-being of a gay asylum seeker from Venezuela who the U.S. “forcibly removed” to El Salvador.

The gay Democrat during a House Homeland Security Committee hearing asked Noem whether Andry Hernández Romero is “alive” and whether “we can check and do a wellness check on him.”

“This individual is in El Salvador, and the appeal would be best made to the president and to the government of El Salvador,” Noem told Garcia.

The Trump-Vance administration in March “forcibly removed” Hernández, who asked for asylum because of persecution he suffered due to his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”

Alvaro M. Huerta, director of litigation and advocacy for the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Hernández, said officials with U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection claimed their client is a Tren de Aragua member because of his tattoos.

The Washington Blade on April 17 reported Hernández was sent to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

Garcia, along with U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) last month met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital. The lawmakers did not visit CECOT, but Garcia told the Blade that the embassy agreed to ask the Salvadoran government to “see how (Hernández) is doing and to make sure he’s alive.”

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California Politics

Zbur continues fight for LGBTQ rights amid Trump attacks

He continues to cement a pro-equality legacy in state legislature

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Lindsay Melanie

Assemblymember Rick Chavez Zbur (D-51), 68, grew up in a rural farming community
surrounded by animals and land in Rio Grande Valley, New Mexico — ultimately becoming the first person in his rural community to attend an Ivy League university. 

Since then, he has continued to build his reputation as an advocate and as a
political leader in environmental justice and LGBTQ rights. 

Most recently, Zbur introduced Assembly Bill 309, which would support
California’s strategy to prevent the spread of HIV and viral hepatitis by preserving existing laws that increase access to sterile syringes at no added cost to the state. 

“Extensive research and data collection has repeatedly proven that increased access to sterile syringes significantly lowers rates of transmission and saves lives
without increasing rates of drug use,” said Zbur when presenting AB 309. 

He added that the average estimated cost for lifetime medical costs related to HIV treatment for one person is $326,500. “Syringe access not only saves lives, but it also saves individuals and the state from the steep cost of treatment,” he continued. 

As a gay man in the peak of the AIDS crisis, Zbur saw some of his own close friends become ill, motivating him to become an AIDS activist at a time when the federal government was failing to provide resources to the community that needed them the most. 

“Since I’ve been in the Assembly, I’ve always had a number of bills every year that focus on uplifting the LGBTQ community, as well as getting to zero, in terms of HIV — zero transmissions, zero deaths, zero stigma.”

Prior to this bill and a few others, Zbur also introduced AB 5, which he says was a culmination of eight years worth of work, from the time he started working for Equality California (EQCA), the state’s largest nonprofit organization dedicated toward advocating for LGBTQ civil rights.

AB 5, which was passed and is now known as the Safe and Supportive Schools
Act, is meant to improve the conditions for LGBTQ students in schools. 

“I think this bill has the most impact for LGBTQ youth and it’s the one I’m proudest of because it requires that every teacher in California schools has LGBTQ cultural competency training, to make sure that our schools are safe and supportive.”  Zbur, a longtime advocate for the LGBTQ community, has a long history of activism. 

In the early 1980s, Zbur campaigned for the fight against HIV/AIDS, helped found the Children Affected by AIDS Foundation and alongside the Los Angeles LGBT Center, organized fundraisers for Bill Clinton while he was governor of Arkansas, and Barbara Boxer, who was then running for U.S. Senate. 

“I think part of me coming out more publicly was due to the HIV epidemic and
the fact that I had friends that were getting sick,” he said. “I had a long-term boyfriend
back then and we started to get politically active, really trying to make sure that the
government was doing something about the HIV epidemic.”

He says that this is when he decided he was going to get Barbara Boxer elected, because she was the only Senate candidate during that time who was even mentioning the LGBTQ community. 

In 1996, Zbur ran for the United States House of Representatives in California’s 38th congressional district against Republican incumbent Steve Horn. He became the first openly gay non-incumbent congressional primary candidate to win an election when he won the Democratic primary election on March 26, 1996. 

During many years following that win, Zbur jumped into another pool of justice
fighting for environmental issues and then in 2014, joined Equality California as
executive director. Under his leadership, EQCA quadrupled in size, passed groundbreaking legislation to advance LGBTQ equality measures and sued the Trump-Pence administration twice, blocking attacks against the transgender community of California. 

In 2022, Zbur was elected to the California State Assembly to represent the 51st
Assembly District, a position he currently serves. He was appointed in July 2023 by
Assembly Speaker Robert Rivas to serve as the Democratic Caucus Chair of the California Assembly, one of the Speaker’s key leadership positions. During that time, he also led the advancement in civil rights and social justice for the many other marginalized communities within the LGBTQ umbrella, such as communities of color, communities of faith, immigrants women and people living with HIV. 

Zbur says that his work is never over. 

“We’re facing greater risks that are greater than I think we’ve faced in recent
years coming out of the [first] Trump administration. The targeting of transgender and
gender non-conforming people is an even greater part of his hostility toward our
community,” he said. “It’s very real, and we see that it’s not just rhetoric. He’s taking real
steps to try to shut down the healthcare that LGBTQ people and transgender people
need.”

Zbur says that he and the other members of the LGBTQ Caucus in Sacramento
are constantly thinking of those decisions and their repercussions. 

“I have another bill that is focused on helping transgender people get the
government documents they need, so they can protect themselves from the Trump
administration and so that they can travel easily to get medical care.” 

Zbur says that his own coming out story was positive, but he grew up in a time
where he did not know anyone who was out about their identity. He went through many
trials and tribulations to end up in a space where he was finally accepted. 

“For me, coming to terms with the fact that I was LGBTQ, was something that
took a number of years,” said Zbur. “The world was just a very different place back then
and the risks were high, coming out.” 

When he started his career as a lawyer, he became a partner in a law firm called
Latham and Walkins, where there was not a single person who was out. 

“I eventually came out when I was a fourth or fifth year associate and I became
the first out lawyer in the firm’s history, though there were other gay lawyers at the firm.”
Now, at 68, Zbur says that his only regret is that he lived in the closet for too long.

“When I look back at the things I regret, it’s that I lived in the closet for as long as
I did,” he said. “That is a very limiting thing that I think doesn’t allow your soul or your
spirit to flourish.”

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California Politics

Governor Newsom supports bill to put LGBTQ helpline number on student ID’s

AB 727 would put the number for The Trevor Project on the back of students ID cards

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Gov. Gavin Newsom expressed support for LGBTQ suicide hotline measures for K-12 students in direct response to recent reports that Secretary of Health and Human Services Robert F. Kennedy Jr’s., plans to cut funding for the national nonprofit that provides the resource to LGBTQ people.

“Cutting off kids’ access to help is indefensible. While the Trump administration walks away from its responsibility, California will continue to expand access to life-saving resources, because the life of every child — straight, gay, trans — is worth fighting for,” said Gov. Newsom. 

Assembly Bill 727, introduced by Assemblymember Mark González, would aim to facilitate pupil and student safety by requiring schools and institutions to have the telephone number and text line for a specified LGBTQ suicide hotline provided by The Trevor Project, that is available 24 hours per day, 7 days per week. 

Existing law that will be enforced July 1, 2025, requires a public or private school that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards to have printed on the identification cards the number for the 988 Suicide and Crisis Lifeline. 

This bill would additionally require the list of K-12 public schools and institutions to provide support to youth and their families who have been subjected to school-based discrimination, harassment, intimidation or bullying on the basis of gender identity, sexual orientation or gender expression. 

Conservative organizations like the California Family Council are pushing back on this bill, stating that this bill is “forcing LGBTQ advocacy on every student ID — no exemptions for religious schools,” and saying it “undermines families.” 

A national 2024 survey by The Trevor Project on mental health of LGBTQ young people, reports that 1 in 10 young LGBTQ-indetifying people in the United States attempted suicide in 2023. Over a third of LGBTQ young people seriously considered suicide within the past year and that figure was even higher for trans and nonbinary-identifying youth, with that figure being  46%. 

The survey also found that half of LGBTQ youth who wanted mental health resources and care could not get them. Over 50% of survey respondents answered “a lot” when asked about how often recent politics negatively impact their well-being. 

The Trevor Project is one of the nonprofit organizations that is currently at high-risk for losing their funding under Trump’s budget cuts. 

The phone number to call for help is 1-866-488-7386 and the number to text for help is 678-678, or you can send them a message at the site link.

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Congress

Democratic lawmakers travel to El Salvador, demand information about gay Venezuelan asylum seeker

Congressman Robert Garcia led delegation

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

California Congressman Robert Garcia on Tuesday said the U.S. Embassy in El Salvador has agreed to ask the Salvadoran government about the well-being of a gay asylum seeker from Venezuela who remains incarcerated in the Central American country.

The Trump-Vance administration last month “forcibly removed” Andry Hernández Romero, a stylist who asked for asylum because of persecution he suffered because of his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”

Garcia told the Los Angeles Blade that he and three other lawmakers — U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) — met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital.

“His lawyers haven’t heard from him since he was abducted during his asylum process,” said Garcia.

The gay California Democrat noted the embassy agreed to ask the Salvadoran government to “see how he (Hernández) is doing and to make sure he’s alive.”

“That’s important,” said Garcia. “They’ve agreed to that … we’re hopeful that we get some word, and that will be very comforting to his family and of course to his legal team.”

The U.S. Embassy in El Salvador in 2023. (Photo courtesy of the U.S. Embassy of El Salvador’s Facebook page)

Garcia, Frost, Dexter, and Ansari traveled to El Salvador days after House Oversight and Government Reform Committee Chair James Comer (R-Ky.) and House Homeland Security Committee Chair Mark Green (R-Tenn.) denied their request to use committee funds for their trip.

“We went anyways,” said Garcia. “We’re not going to be intimidated by that.”

Salvadoran President Nayib Bukele on April 14 met with Trump at the White House. U.S. Sen. Chris Van Hollen (D-Md.) three days later sat down with Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador on March 15.

Abrego was sent to the country’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. The Trump-Vance administration continues to defy a U.S. Supreme Court ruling that ordered it to “facilitate” Abrego’s return to the U.S.

Garcia, Frost, Dexter, and Ansari in a letter they sent a letter to Duncan and Secretary of State Marco Rubio on Monday demanded “access to” Hernández, who they note “may be imprisoned at” CECOT. A State Department spokesperson referred the Blade to the Salvadoran government in response to questions about “detainees” in the country.

Garcia said the majority of those in CECOT who the White House deported to El Salvador do not have criminal records.

“They can say what they want, but if they’re not presenting evidence, if a judge isn’t sending people, and these people have their due process, I just don’t understand how we have a country without due process,” he told the Blade. “It’s just the bedrock of our democracy.”

President Donald Trump greets Salvadoran President Nayib Bukele at the White House on April 14, 2025. (Public domain photo)

Garcia said he and Frost, Dexter, and Ansari spoke with embassy staff, Salvadoran journalists and human rights activists and “anyone else who would listen” about Hernández. The California Democrat noted he and his colleagues also highlighted Abrego’s case.

“He (Hernández) was accepted for his asylum claim,” said Garcia. “He (Hernández) signed up for the asylum process on an app that we created for this very purpose, and then you get snatched up and taken to a foreign prison. It is unacceptable and inhumane and cruel and so it’s important that we elevate his story and his case.”

The Blade asked Garcia why the Trump-Vance administration is deporting people to El Salvador without due process.

“I honestly believe that he (Trump) is a master of dehumanizing people, and he wants to continue his horrendous campaign to dehumanize migrants and scare the American public and lie to the American public,” said Garcia.

The State Department spokesperson in response to the Blade’s request for comment referenced spokesperson Tammy Bruce’s comments about Van Hollen’s trip to El Salvador.

“These Congressional representatives would be better off focused on their own districts,” said the spokesperson. “Instead, they are concerned about non-U.S. citizens.”

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Congress

EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker

Congressman’s correspondence was shared exclusively with the Blade

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry Hernández Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.

Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Los Angeles Blade.

Garcia noted that Hernández, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.

Pro-bono lawyers representing Hernández during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.

Hernández’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.

Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting Hernández’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”

The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.

Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:

  • What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
  • What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
  • How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
  • What mechanisms exist to prevent and address potential misconduct?
  • What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
  • What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
  • What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:

  • Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. Hernández Romero as a member of the Tren de Aragua gang?
  • What evidence, beyond Mr. Hernández Romero’s tattoos, was used to substantiate the claim of gang affiliation?
  • Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
  • What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
  • What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for Hernández’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.” 

Hernández’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.

Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”

Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding Hernández’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.

Hernández “was denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,” the governor wrote. “We are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”

Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing Hernández, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.

“Under the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if that’s the case,” she said. “In Andry’s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.”

“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,” Toczylowski said.

In March, a DHS spokesperson posted on X that Hernández’s “own social media indicates he is a member of Tren de Aragua,” though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity.  

During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m gay. I’m a stylist.” — crying for his mother as he was slapped and his head was shaved.

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Federal Government

USCIS announces it now only recognizes ‘two biological sexes’

Immigration agency announced it has implemented Trump executive order

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An American flag flies in front of a privately-run U.S. Immigration and Customs Enforcement detention center in the Southeast U.S. on July 31, 2020. U.S. Citizenship and Immigration Services has announced it now only recognizes "two biological genders, male and female." (Washington Blade photo by Yariel Valdés González)

U.S. Citizenship and Immigration Services on Wednesday announced it now only “recognizes two biological sexes, male and female.”

A press release notes this change to its policies is “consistent with” the “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” executive order that President Donald Trump signed shortly after he took office for the second time on Jan. 20.

“There are only two sexes — male and female,” said DHS spokesperson Tricia McLaughlin in a statement. “President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality.”

“Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being,” she added.

The press release notes USCIS “considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.”

“If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence,” it reads.

The USCIS Policy Manuel defines “secondary evidence” as “evidence that may demonstrate a fact is more likely than not true, but the evidence does not derive from a primary, authoritative source.”

“Records maintained by religious or faith-based organizations showing that a person was divorced at a certain time are an example of secondary evidence of the divorce,” it says.

USCIS in its press release notes it “will not deny benefits solely because the benefit requestor did not properly indicate his or her sex.”

“This is a cruel and unnecessary policy that puts transgender, nonbinary, and intersex immigrants in danger,” said Immigration Equality Law and Policy Director Bridget Crawford on Wednesday. “The U.S. government is now forcing people to carry identity documents that do not reflect who they are, opening them up to increased discrimination, harassment, and violence. This policy does not just impact individuals — it affects their ability to travel, work, access healthcare, and live their lives authentically.”  

“By denying trans people the right to self-select their gender, the government is making it harder for them to exist safely and with dignity,” added Crawford. “This is not about ‘common sense’—it is about erasing an entire community from the legal landscape. Transgender, nonbinary, and intersex people have always existed, and they deserve to have their identities fully recognized and respected. We will continue to fight for the rights of our clients and for the reversal of this discriminatory policy.” 

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