National
The queer couple fighting for DEI — with math
‘My activism and my quantitative skills could be brought together’
When faced with questions of diversity, equity, and inclusion, detractors often respond with demands for evidence or complaints about cost.
Husbands Chad Topaz and Jude Higdon spend their time trying to find answers to those questions — on top of their other jobs as math professor, university administrator, and parents to a son and two dogs.
It started when Topaz, a mathematician, found himself as one of the only people in justice spaces able to quantify some of the issues facing marginalized communities. When community members pointed out that all the artists in the new wing of a local museum were white, Topaz then researched the diversity of artists at major museums. The study found that in 18 major U.S. museums, artists are 85% white and 87% male. On top of that research, Topaz determined more diversity existed in regions, time periods, and even museum permanent collections than was being displayed. “You’re taking a bad problem and making it worse through your curatorial decisions and practice,” says Topaz.
As it turned out, it also meant that Topaz was sometimes one of a few mathematicians with a concern for justice. When a colleague pointed out that there was only one woman on a 50-person mathematics editorial board—one of the highest professional achievements for an academic—Topaz set out to figure out if that was the exception or the trend. He looked at 435 journals, and it was indeed the trend.
These experiences were transformative. “My activism and sense of justice and my quantitative skills could be brought together,” said Topaz.
But finding projects was another story. Higdon, the administrator who Topaz praises as an “organizational genius,” was able to channel some of Topaz’s math-justice energy into collaborations with community partners. “I’m not afraid of tech nerds [and] mathematicians,” said Higdon, looking affectionately at his husband, “I know how to speak their language enough, but I also know how to build an organization and how to connect that work with other folks.”
So, following the success of early projects, the two co-founded the non-profit research institute QSIDE in 2017, which “uses data science to promote justice.” Citing Ida B. Wells’s famous quote, “the way to right wrongs is to turn the light of truth upon them,” Topaz says they believe that “data science can be a potent form of that light of truth.”
Since then, the team—which has grown beyond Higdon and Topaz—has published more than 15 peer-reviewed research articles, in addition to writing white papers and creating data tools.
One of their biggest projects bucks up against some of the biggest arguments against any work concerned with diversity, equity, and inclusion: that it’s too expensive. At least in one case, they have the numbers to prove otherwise.
QSIDE works with community partners who make programs to lower incarceration rates. People of color are more likely to be incarcerated. Community partners make programs for youth to “disrupt these cycles of incarceration and poverty,” says Higdon.
Regardless of how effective the programs are, state governments often opt not to fund them because of their cost. That cost analysis fails to acknowledge broader economic benefits from the programs—and losses from incarceration.
“We’ve built this econometric model that models out what’s the true cost of incarceration versus the cost of a program that can be used by community-based organizations,” says Higdon.
Topaz is also the author of a forthcoming book on the intersection of data and criminal justice, titled Counting on Justice. It explores the numbers behind inequality in the U.S. criminal justice system.
In the recent weeks, Higdon, Topaz, and QSIDE have been hit by the wave of anti-science and anti-DEI actions washing over the nation.
Higdon said that QSIDE lost a major corporate funder out of the blue, despite being assured they were set for renewal two days prior. “Is this because we have DEI in our name?” Higdon asked the grant manager, “and he kind of hemmed and hawed about it,” before saying no, but Higdon was not convinced.
Topaz, a career academic, has been watching the cuts to scientific agencies with horror. As a member of an advisory subcommittee at the National Science Foundation, Topaz had a mechanism to lodge an official complaint against the cuts, but the rest of the group balked, citing unspecific rules. When the group didn’t budge, Topaz publicly resigned.
“The director of the NSF is complying with illegal executive orders and not complying with stays that judges have put on those illegal actions,” Topaz said, “It seems to me like now is exactly the time we should be speaking out about these cuts.”
Topaz said the idea that any of these actions will promote better science or a meritocracy is a lie. “[It] is essentially segregation and keeping a vast pool of talent away from opportunities so that those opportunities can belong to white men. I won’t even use the word meritocracy to describe what they’re doing because that is a lie.”
With the widespread cuts to science funding, especially science concerned with DEI, the team is dedicated to doing the work. “We can weather this storm in a way that organizations that have a bigger infrastructure are not,” Higdon said. “We can stick to our principles despite the headwinds that we’re facing right now.”
At every point in the interview, Topaz and Higdon emphasized that while they are excited about the power of math and data, they don’t view their contributions as more important than others. Each project has partners from “boots on the ground, community members or community-based organizations that can represent the voices of affected people,” alongside any other subject-matter experts they may need.
“We don’t think our technical skills are better in any way,” said Higdon. “They have superpowers. We have superpowers. Together, we have a Justice League.”
(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)
Texas
Texas Supreme Court rules judges can refuse to marry same-sex couples
Decision published on Oct. 24
Texas judges will now be permitted to refuse to officiate same-sex weddings based on their “sincerely held religious beliefs,” following a ruling issued Oct. 24 by the Texas Supreme Court.
The state’s highest court — composed entirely of Republican justices — determined that justices of the peace who decline to marry LGBTQ couples are not violating judicial impartiality rules and therefore cannot be sanctioned for doing so.
In its decision, the court approved an official comment to the Texas Code of Judicial Conduct clarifying that judges may opt out of performing weddings that conflict with their personal religious convictions. This clarification appears to directly conflict with existing provisions that prohibit judges from showing bias or prejudice toward individuals based on characteristics such as race, religion, or sexual orientation.
“It is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief,” the court’s comment states.
The original code explicitly bars judges from showing favoritism or discrimination, declaring that they must not “manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status.”
The case traces back to McLennan County Justice of the Peace Dianne Hensley, who was publicly reprimanded in 2019 after refusing to marry same-sex couples while continuing to perform ceremonies for heterosexual ones, the Texan reported.
The State Commission on Judicial Conduct found that her actions cast doubt on her ability to act impartially, but Hensley has spent the past six years challenging that reprimand in court, arguing that she was punished for adhering to her Christian beliefs.
In a statement responding to the Oct. 24 ruling, Texas House LGBTQ Caucus Chair Jessica González expressed disappointment with the decision.
“The Texas House LGBTQ Caucus is disappointed, but not surprised, to learn that the Texas Supreme Court is not willing to stand up for the rights of LGBTQIA+ Texans,” she said. “Our right to marriage should never depend on someone else’s religious beliefs. This change in the Judicial Conduct Code will only further erode civil rights in Texas.”
The Texas Supreme Court is also currently reviewing a related matter referred by the 5th U.S. Court of Appeals. That case involves another judge, Keith Umphress, who similarly refused to perform same-sex weddings for religious reasons. The 5th Circuit has asked the Texas justices to clarify whether the state’s judicial conduct code actually forbids judges from publicly declining to officiate same-sex weddings while continuing to perform ceremonies for straight couples — a question that could further define the boundaries between religious liberty and judicial impartiality in Texas.
National
White House moves to ban gender-affirming care for trans youth nationwide
Proposal reportedly to be released this month
The Trump-Vance administration is pushing to end all gender-affirming care for transgender youth, according to a new proposal from the Department of Health and Human Services.
Texts obtained by NPR show the proposed healthcare policy changes would prohibit federal Medicaid reimbursement for medical care provided to trans patients under 18, and would also prohibit reimbursement through the Children’s Health Insurance Program for patients under 19.
Another proposal found by NPR shows the administration is considering blocking all Medicaid and Medicare funding for any services at hospitals that provide pediatric gender-affirming care.
The proposals are set to be released in early November, according to NPR’s source from the Centers for Medicare and Medicaid Services, who spoke on the condition of anonymity for fear of retaliation.
Nearly all medical associations in the U.S. support gender-affirming care for trans youth and have emphasized its importance for the mental health of trans young people.
These actions are consistent with the goals of the Trump-Vance administration. Days after being sworn into office, Trump signed an executive order stating that the U.S. “will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another.” The administration also ended a federal suicide prevention lifeline specifically for transgender youth and canceled hundreds of millions of dollars in scientific research funding related to LGBTQ people.
The anti-trans rhetoric the administration is pushing has become a major focus of its operations.
Officials have even blamed part of the government shutdown on Democrats’ support for gender-affirming care — or, as the Department of Agriculture’s website refers to it, “gender mutilation procedures.”
There are currently 27 states that ban gender-affirming care for trans youth, according to data collected by the Human Rights Campaign. This widespread push to police trans healthcare comes despite the relatively small number of trans-identifying youth, only about 724,000 individuals, or 3.3 percent of the U.S. population, according to the Willams Institute.
Many hospitals receive a large portion of their funding from Medicare, which would ultimately force them to stop providing this care in order to continue receiving federal dollars. That, Katie Keith, director of the Center for Health Policy and Law at Georgetown University, explained to NPR, would make it nearly impossible to access gender-affirming care — even at private hospitals and clinics.
“These rules would be a significant escalation in the Trump administration’s attack on access to transgender health care,” Keith said.
Ellen Kahn, senior vice president of equality programs at HRC, spoke out against the proposed policy changes, saying the decision to implement them would only hurt American families.
“This latest attempt to strip best-practice health care from trans young people would place parents and doctors in an impossible position in service of the far-right’s culture war on transgender people,” Kahn said in a statement. “Any proposed rule that would strip federal dollars from providers who dare to defy the administration’s political agenda by caring for trans youth would help no one, hurt countless families, and send a dangerous message that only the president himself — not doctors, not parents, not even you — can decide what health care you can access.”
U.S. Supreme Court
Federal judge strikes down Biden rule protecting transgender health care rights
Republican-led states sued over the 2024 regulations
A federal judge has ruled that federal anti-discrimination protections for transgender people in health care are unconstitutional, allowing legal discrimination in health care against trans individuals in the U.S.
Judge Louis Guirola, Jr., of the U.S. District Court for the Southern District of Mississippi sided with a coalition of 15 GOP-led states that sued over the rule, which broadened sex discrimination to include sexual orientation and gender identity in health care, the Hill reported.
The U.S. Department of Health and Human Services “exceeded its authority by implementing regulations redefining sex discrimination and prohibiting gender identity discrimination,” Guirola wrote.
The expanded definition of sex discrimination to include sexual orientation and gender identity was part of Section 1557 of the Affordable Care Act. The Biden-Harris administration implemented it to strengthen protections against health care discrimination for LGBTQ people. It previously prevented discrimination in health care services, insurance coverage, and program participation.
This is not the first time such protections have faced legal challenges. In 2016, the Obama-Biden administration advanced similar rules to prevent health care providers from denying services — particularly gender-affirming care — that they would otherwise offer to other patients.
During President Donald Trump’s first term, those protections were reversed when his administration redefined Title IX protections to apply only to race, color, national origin, “biological sex,” age, or disability — explicitly excluding trans people.
In 2024, the Biden-Harris administration reinstated these protections, only for them to be struck down by Republican-appointed Guirola.
Tennessee Attorney General Jonathan Skrmetti celebrated the ruling, saying in a statement, “This decision restores not just common sense but also constitutional limits on federal overreach, and I am proud of the team of excellent attorneys who fought this through to the finish.”
The decision comes as the U.S. Supreme Court recently heard arguments on banning so-called conversion therapy, and may soon take up a case involving the right to same-sex marriage.
Virginia
Conservative group’s anti-transgender ad targets Va. gubernatorial candidate
Restoration of America PAC attacks Va. gubernatorial candidate
A new ad paints Democratic Virginia gubernatorial candidate Abigail Spanberger “as extreme as it gets” because of her stance on transgender rights.
Restoration of America PAC, a collection of conservative groups, funded the 30-second spot. It claims that Spanberger supports allowing “boys to play girls sports and shower in girls locker rooms … naked,” “horrifying gender mutilation reversal,” and “irreversible sterilization of children.”
The ad then argues Spanberger “refuses to answer questions about this because she knows how evil it is.”
When asked if she would support a bill that would allow trans women to use bathrooms and to play on sports teams consistent with their gender identity, Spanberger told WSET in Roanoke last month that she would “support a bill that would put clear provisions in place that provide a lot of local ability for input.”
Spanberger is running against Lt. Gov. Winsome Earle-Sears, a Republican “morally opposed” to marriage equality, to succeed Republican Gov. Glenn Youngkin.
Equality Virginia Advocates, an organization that works alongside Equality Virginia, aims to advance equality for LGBTQ+ Virginians through advocacy and public policy. Executive Director Narissa Rahaman described the ad as “poorly recycled scapegoating” pulled from the “Trump 2024 playbook.”
“We need leaders focused on combating the everyday challenges facing Virginians across the commonwealth, not manufacturing culture war issues to encourage discrimination against our friends, families, and neighbors who happen to be transgender,” Rahaman said.
Rahaman added Equality Virginia PAC’s recent data shows 71 percent of the Earle-Sears campaign’s digital ad spending has been dedicated to ads against trans youth.
Earle-Sears has previously aired ads that claim Spanberger is for “they/them, not us,” echoing messaging the Trump-Vance campaign used to target former Vice President Kamala Harris in the 2024 presidential race.
“The Virginia GOP is wasting millions villainizing a small part of the population while ignoring the real issues facing Virginians: unaffordable housing, rampant inflation, and federal job cuts,” Rahaman said.
Laurel Powell, communications director at the Human Rights Campaign, noted conservative groups have spent more than $230,000 on anti-trans ads in Virginia. She described the anti-trans advertisements as “dangerous, blatant lies created to exploit misinformation about the trans community.”
“Republicans are desperately trying to distract from their ongoing failure on issues facing Virginians — like the Republican-led government shutdown, the fallout from the disastrous tariff wars, and thousands of people being booted from their jobs to feed Donald Trump’s lust for political vengeance,” Powell said. “While they make life harder and more dangerous for transgender people, all Virginians are being robbed of the leadership they need and deserve.”
A Christian Newport University poll notes Virginia’s likely voters are focused on threats to democracy, inflation or cost of living, healthcare, and immigration as key issues for the upcoming election. The poll found likely voters said Spanberger would do a better job than Earle-Sears in handling trans-specific policy by 13 points.
Spanberger cosponsored and voted for the Equality Act three times, which would ban discrimination on the basis of sex, gender identity, sexual orientation in federal law. Earle-Sears, for her part, has previously misgendered state Sen. Danica Roem (D-Manassas) — the first openly trans statewide lawmaker in Virginia — during a floor debate and has made inaccurate claims about trans people at school board meetings.
Spanberger currently leads Earle-Sears by a 47.5-45.1 percent margin, according to a poll from Trafalgar Group, although the lead is within the poll’s 2.9 percent margin of error. Election Day is on Nov. 4.
National
Trans rights activist Miss Major Griffin-Gracy dies at 78
Revisiting Blade’s 2024 interview with legendary voice for equality
Miss Major Griffin-Gracy, a nationally acclaimed organizer and activist for transgender people, the LGBTQ community, sex workers, and incarcerated people, died Oct. 13 at her home in Little Rock, Ark.
Her passing was announced by the Little Rock-based Griffin-Gracy Educational Retreat and Historical Center, also known as House of gg, a transgender support and services center she founded in 2019.
“Miss Major – known as ‘Mama’ to many – was a Black, trans activist who fought for more than 50 years for trans, gender nonconforming, and the LGB community, especially for Black trans women, trans women of color and those who have survived incarceration and police brutality,” the statement announcing her passing says.
“Major’s fierce commitment and intersectional approach to justice brought her to care directly for people with HIV/AIDS in New York in the early 1980s and later to drive San Francisco’s first mobile needle exchange,” the statement says.
It adds, “House of gg was born out of her dream to build a center that would empower, heal and be a safe haven for Black trans people and movement leaders in the Southern U.S. – a space for our community to take a break, swim, enjoy good food, laugh, listen to music, watch movies, and recharge for the ongoing fight for our lives.”
A Wikipedia write up on Griffin-Gracy says she was born and raised in Chicago and came out as trans in the late 1950s. It says her parents were not accepting of her gender identity, prompting her to leave home at a young age and work for a while as a showgirl at the Jewel Box Revue theater in Chicago before moving to New York.
In a 2014 interview with the Bay Area Reporter, she said that after moving to New York in the 1960s she became a regular patron of the Stonewall Inn gay bar, at which trans women were known to gather. She said she was there at the time of the 1969 police raid that triggered the Stonewall rebellion when patrons fought police in the historic action credited with starting the modern-day LGBTQ rights movement.
Griffin-Gracy began work in community services, including services for trans women, after moving to San Diego in 1978, according to the Wikipedia write-up, and later performed home health care work during the early years of the AIDS epidemic in the 1980s.
It says she moved to San Francisco in the 1990s and worked with multiple HIV/AIDS organizations, including the Tenderloin AIDS Resource Center. In 2004, she began work at the San Francisco-based Transgender Gender Variant Intersex Justice Project (TGIJP) and later became executive director of the organization. The organization provides support services for trans, gender variant, and intersex people in prisons.
Shortly before traveling to Chicago in 2024 to attend the Democratic National Convention as an honored guest of the National LGBTQ+ Task Force Action Fund, Griffin-Gracy participated in an interview with the Washington Blade via Zoom from her home In Little Rock. Among other things, she told of her support for Democratic presidential candidate Kamala Harris against Donald Trump in the 2024 presidential election.
“I plan on going to every place Trump goes and speak to the tender loving people in those places and tell them what a liar he is and how insane he is and that they just shouldn’t vote for him,” she told the Blade.
Among those praising Griffin-Gracy’s work and lamenting her passing was David Johns, CEO and executive director of the D.C.-based LGBTQ advocacy group National Black Justice Collective.
“Her pioneering work to center and uplift Black trans women, particularly those who have been incarcerated and faced police brutality, made space for the most powerful and most marginalized members of our community and set the foundation for the freedom work so many of us continue today,” Johns said in a statement.
“At a time when the rights and dignity of trans people are again under relentless attack, Miss Major’s life reminds us of what it means to persevere in the fight for equality that all LGBTQ+/same gender loving (SGL) people can live freely an authentically,” Johns said in his statement.” Her spirit will continue to guide us as we fight for a world where every Black trans person can thrive and live a joy-filled life.”
An excerpt from the Blade’s August 2024 interview and profile of Griffin-Gracy follows:
Those who are familiar with Miss Major’s brand of activism might be surprised by her work with the Task Force Action Fund, her appearance at the DNC, and perhaps especially her commitment to criss-crossing the country to talk voters out of supporting Donald Trump and into supporting Vice President Kamala Harris’s historic bid for the White House.
As shown in “Major!” the 2015 documentary about her life, and a 2023 memoir comprised of interviews with journalist Toshio Meronek called “Miss Major Speaks: Conversations with a Black Trans Revolutionary,” the activist’s foremost concerns have always been centered around providing for her trans brothers and sisters.
Her work on this front is never ending: [Griffin-Gracy’s assistant Muriel] Tarver gave the Blade a virtual tour of Miss Major’s property, which she has used as a refuge for trans folks who are free to stay and relax on the well-kept grounds, which are complete with a guest house and a pool.
Where she may have sidestepped electoral politics in the past, however, there is “so much happening to whereby you had to get involved in it now,” Miss Major said. “But before it was just — my community has suffered so bad for so long, so often, that you’ve got to do something to help them navigate the bullshit that goes on in the world.”
This usually means ensuring that basic needs are met. “And I don’t feel as if politics helps that,” she said, because “it’s got to be people and the relationships you build and what you build together with another person that makes it better.”
Miss Major added, “I want things to be better for all of us. You know, transgender and non transgender people.” And as society has begun to make space for those with non-cisgender identities, the backlash has been vicious. “They’re so afraid of opening up to us,” she said.
When it comes to political candidates, she said, “As an ordinary person, you know, I’m concerned about food and gas and clothing and shit like that. And, you know, who else cares about this? I need to know the person who’s in charge cares and is going to do something to alleviate the stress on me to get it.”
By the time President Joe Biden announced his decision to step aside on July 21 — well before that pivotal moment, Tarver stressed — Miss Major and the Task Force Action Fund were ready to spring into action.
“It was quite a service act that he did for the country,” Miss Major said. “Because I really believe that he could have gone further, but he just didn’t have what it took. And so when he stepped out and made her the nominee, he invigorated, and he poured such joy to this country, and hope, and belief that it can be done, that [Trump] can be stopped.”
“As we all heard about the potential for Biden stepping down and putting aside his personal and political interests for the sake of democracy, which is a pretty historical and brave thing, we all wanted to be ready to respond to what would happen,” Task Force Action Fund Communications Director Cathy Renna told the Blade by phone.
Issuing a joint endorsement of Harris was historic for both Miss Major and the Task Force Action Fund, Renna said. “We have not endorsed anyone since Jimmy Carter, which was shortly after our founding, right? So, we’re talking about almost 50 years ago.”
“We wanted a bold choice,” she said, “and we also understand what’s at stake in this election.”
Miss Major sees the contrast between the two candidates as clear and compelling; the difference between sanity and insanity, competence and chaos. “Do you want someone who lies to you? Or do you what someone who tells the truth?”
Trump spreads filth and disorder like the character from Charles M. Schulz’s “Peanuts” comic strip who is perpetually surrounded by a cloud of dust and detritus, she said.
Harris, on the other hand, represents the future. “She’s breaking the ceiling. There’s a glass ceiling. And when she breaks through, she’s gonna go on,” Miss Major said. “And after this, something like 10s of 1000s of people are gonna go through that, too. It’s just going to be phenomenal.”
(Christopher Kane contributed to this report.)
National
LGBTQ rights on the line: What to watch as Supreme Court’s new term begins
The Supreme Court will hear cases shaping transgender sports participation and conversion therapy, with major LGBTQ rights implications.
The Supreme Court’s new term begins this week, with multiple cases on the docket that could have serious consequences for the civil rights of the LGBTQ community.
Many issues are being debated this term, including the scope of civil rights protections under the Equal Protection Clause, Title IX, and the Voting Rights Act—all of which could leave LGBTQ Americans less protected.
This Supreme Court is different from years past. Its right-wing supermajority is utilizing a more activist approach to legal interpretation—siding more often with President Trump’s preferred interpretation of laws rather than a more constitutional evaluation. One Supreme Court Justice, Clarence Thomas, even went so far as to publicly state he has a problem with the way judges are restricted by past decisions, saying he is against the concept of stare decisis (or sticking to prior judges’ decisions) and that they are “not the gospel.”
There are three major cases that in some way impact—or have the possibility of impacting—the rights of LGBTQ Americans: West Virginia v. B.P.J., Little v. Hecox, and Chiles v. Salazar. The first two deal with the rights of transgender girls participating in sports. The last one, Chiles v. Salazar, centers around the legality of banning conversion therapy.
West Virginia v. B.P.J.
In West Virginia v. B.P.J., a transgender girl, known as B.P.J., takes gender-affirming medication and has since the onset of puberty. She wants to compete on her school’s cross-country and track teams. In 2021, West Virginia passed the “Save Women’s Sports Act,” which requires public school and collegiate sports teams to designate their players’ genders by “biological sex” rather than gender identity.
In this case, the Court will determine whether this act violates Title IX—a federal law prohibiting discrimination based on sex in education or any institution that receives federal funding—or the Equal Protection Clause, which prohibits unfair and unequal discrimination, by requiring B.P.J. to be on a team based on her biological sex.
As Joshua Block, senior counsel with the American Civil Liberties Union’s (ACLU) LGBT & HIV Project, explained, “In terms of the legal issues before the court, the West Virginia case presents both the Title IX issue and the equal protection issue.” He also highlighted the broader impact: “Some of the lower courts are actually holding their cases pending BPJ, the Seventh Circuit recently did that in one of their restroom cases.”
Little v. Hecox
In Little v. Hecox, the Court will similarly evaluate the legality of Idaho’s transgender sports law—the “Fairness in Women’s Sports Act,” which, since its passage in 2020, has barred any transgender girls from participating on public school-affiliated sports teams. There is specific wording in the law that says the hormones present in transgender women, regardless of their stage of transition, make them predisposed to winning and create an unfair playing field—even if transgender people take Gender-Affirming Hormone Therapy (GAHT).
Lindsay Hecox, a transgender woman and student at Boise State University, attempted to join the school’s cross-country team but was denied, with the school citing that her participation violates the law. Hecox, along with a cisgender high school athlete identified in court documents as Jane Doe, filed a suit arguing that the “Fairness in Women’s Sports Act” violated both of their constitutional rights under the Equal Protection Clause of the 14th Amendment.
Block noted during the briefing, “Lindsay, unlike BPJ, is a young woman in college, and she has not had blockers. She suppressed testosterone after puberty at the same time, as I mentioned, she was not, frankly, good enough to make the team, and has just been playing club sports.” Regarding procedural concerns, he added, “Unlike other cases where a party has sought to insulate a favorable judgment from review, we obviously think the decision below needs to be vacated because it’s moot.”
Block went on to spotlight that both West Virginia v. B.P.J. and Little v. Hecox are clearly supported by Title IX, using the Court’s decision in 2020 in Bostock v. Clayton County as the basis. In that case, the Court found that the Civil Rights Act of 1964 protects not only on the basis of sex and race, but also on sexual orientation and gender identity.
“There’s obviously an overlap on the question of whether, as a general matter, the Supreme Court’s reasoning in Bostock applies to Title IX,” Block said. “Bostock says you can’t fire someone for being transgender. I think it should go without saying that a school principal can’t expel someone for being transgender either. Despite that, the states are trying to argue that Bostock doesn’t apply to Title IX at all.”
Chiles v. Salazar
While West Virginia v. B.P.J. and Little v. Hecox examine Title IX and the Equal Protection Clause, Chiles v. Salazar evaluates the legality of a Colorado House Act banning conversion therapy under the Free Speech Clause of the First Amendment. The Free Speech Clause has five parts, but this case focuses on the right to practice the religion of one’s choosing and the provision that the state may not establish a religion. Conversion therapy is defined in this case as any practice that “changes behaviors or gender expressions or seeks to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.”
In Chiles v. Salazar, Kaley Chiles, a licensed counselor who identifies as a Christian, has argued that HB19-1129, also known as the “Prohibit Conversion Therapy for a Minor Act,” violates her First Amendment rights. Chiles practices “faith-informed” counseling that seeks to “reduce or eliminate unwanted sexual attractions, change sexual behaviors, or grow in the experience of harmony with [their] physical body.” She brought forward a pre-enforcement lawsuit against the state, arguing that the law has made her refrain from discussing possible gender- and sexuality-related topics with her clients and has dampened her ability to provide counseling services in line with her and her clients’ religious preferences.
Josh Rovenger, the legal director at GLAD Law, an LGBTQ+ legal services and civil rights organization, explained what Chiles v. Salazar could mean for the future of LGBTQ rights in America.
“Fundamentally, what’s at stake… is whether a state like Colorado and the 23 other states, plus the District of Columbia that have similar laws have the ability to protect LGBTQ plus youth from disproven conversion therapy practices that cause lasting trauma to the individuals, their families, and entire communities.”
He went on, explaining that the scope of the law is so specific that the plaintiff’s concerns may not apply.
“The law here is really quite narrow, aimed at a very specific, specific prohibition, and a lot of the activities that the plaintiff says that she wants to engage in, as Colorado points out in its brief, just aren’t covered by the law,” Rovenger said. In addition, he added there are multiple states that have banned the practice of conversion therapy with little issue. “Multiple states which have bipartisan laws that were passed with widespread support, including support from religious communities, would potentially be invalidated as a result of that type of decision, and that would be overruling an overwhelming medical consensus about the evidence of conversion therapy practice harms.”
As GLAAD noted in a press release, “Every major medical and mental health association in the country condemns the practice and supports efforts to prevent practitioners from violating their oath to do no harm.”
The Bigger Picture
These cases, Rovenger explained, don’t collectively signal that the Supreme Court will side in one particular way, but rather that some of the justices are interested in the cases.
“The first is the fact that they took these cases only means that four justices were interested in hearing them,” Rovenger said. “It does not tell us anything about where they’re going to come out on the cases ultimately. And there was no reason for the court to take either of or any of these cases.”
Rovenger, who served as Associate Counsel to President Biden in the White House for Racial Justice & Equity, went on, emphasizing the importance of the broader political context in this legal targeting of trans kids.
“Before 2020, decisions about sports were being left to school districts and sports organizations, the people who know these issues best… And then in 2020 we saw trans issues more generally, but sports in particular, being used as a wedge issue and a weapon to further a political agenda,” he said. “Since the beginning of 2025 that has been on steroids from the federal administration, which has really targeted transgender individuals, generally, and transgender kids who just want the opportunity to play school sports for the same reason other kids do — to be part of a team where they feel like they belong.”
He continued, saying that these cases would mostly impact some of the most vulnerable LGBTQ population—LGBTQ youth.
“These cases are going to have significant implications for LGBTQ youth, for LGBTQ individuals more generally, for school environments, for the ability of states to protect LGBTQ youth from discredited medical practices. And so when we think about the day-to-day experience of LGBTQ folks in this country, particularly youth, these cases will have a direct impact on those lived experiences.”
A fourth case concerns marriage equality and a decade-old effort by former Kentucky county clerk Kim Davis to overturn the Obergefell ruling. Legal experts have called the effort a long shot. Justices will likely decide whether to hear the case later this fall.
National
Military families challenge Trump ban on trans healthcare
Three military families are suing over Trump’s directive cutting transgender healthcare from military coverage
Three military families sued the Department of Defense on Monday after President Trump’s anti-transgender policies barred their transgender adolescent and adult children from accessing essential gender-affirming medical care.
The lawsuit, filed in the U.S. District Court for the District of Maryland, challenges the legality of the Trump administration’s decision to ban coverage of any transgender-related medical care under Department of Defense health insurance plans.
Under the new directive, military clinics and hospitals are prohibited from providing continuing care to transgender adolescent and adult children. It also prevents TRICARE, the military’s health insurance program, from covering the costs of gender-affirming care for both transgender youth and young adults, regardless of where that care is received.
A press release from the families’ attorney explained that the plaintiffs are proceeding under pseudonyms to protect their safety and privacy. They are represented by GLBTQ Legal Advocates & Defenders (GLAD Law), the National Center for Lesbian Rights (NCLR), Brown, Goldstein & Levy, LLP, and Keker, Van Nest & Peters LLP.
“This is a sweeping reversal of military health policy and a betrayal of military families who have sacrificed for our country,” said Sarah Austin, Staff Attorney at GLAD Law. “When a servicemember is deployed and focused on the mission they deserve to know their family is taken care of. This Administration has backtracked on that core promise and put servicemembers at risk of losing access to health care their children desperately need.”
“President Trump has illegally overstepped his authority by abruptly cutting off necessary medical care for military families,” said Shannon Minter, Legal Director at NCLR. “This lawless directive is part of a dangerous pattern of this administration ignoring legal requirements and abandoning our servicemembers.”
“President Trump’s Executive Order blocks military hospitals from giving transgender youth the care their doctors deem necessary and their parents have approved,” said Sharif Jacob, partner at Keker, Van Nest & Peters LLP. “Today we filed a lawsuit to put an end to his order, and the agency guidance implementing it.”
“This administration is unlawfully targeting military families by denying essential care to their transgender children,” said Liam Brown, an associate with Keker, Van Nest & Peters. “We will not stand by while those who serve are stripped of the ability to care for their families.”
National
Supreme Court sides with transgender boy in bathroom access fight
Plaintiff challenging SC law
On Wednesday, the U.S. Supreme Court ruled that a transgender boy may use the boy’s bathroom in a South Carolina public high school while pursuing a challenge to a state law that requires students to use the bathrooms corresponding to their sex assigned at birth.
The order, which was unsigned by any of the justices, did not provide reasons for the court’s decision, but made clear that it applied only to the one student in this case. The order specifically stated that it was “not a ruling on the merits of the legal issues presented in the litigation” and was instead “based on the standards applicable for obtaining emergency relief.”
It should be noted that Justices Clarence Thomas, Samuel A. Alito Jr., and Neil M. Gorsuch filed dissents to the order, though they did not provide any explanation for their opposition.
This is not the first time the highest court in the nation has addressed trans rights in the country.
In 2020, the Supreme Court ruled in Bostock v. Clayton County that federal law prohibits anti-trans discrimination in employment. Despite this significant victory for trans rights, in June the court upheld a Tennessee law banning gender-affirming medical care for trans minors in U.S. v. Skrmetti. That ruling, which suggested the court could be used to remove protections for trans people, has contributed to increased scrutiny and the reconsideration of previous rulings favorable to trans rights, placing broader LGBTQ protections at risk.
The recent order comes as the Supreme Court prepares to hear two cases involving trans athletes and their rights to participate in sports under Title IX, the federal civil rights law that prohibits discrimination based on sex in educational programs and activities that receive federal funding. Advocates for trans rights have expressed concern that these upcoming cases could further challenge the legal landscape surrounding gender identity in schools and other public institutions.
National
Trump to honor Charlie Kirk with Medal of Freedom
Anti-LGBTQ political activist assassinated in Utah on Wednesday
At a Sept. 11 remembrance ceremony at the Pentagon on Thursday, President Donald Trump announced that he will award right-wing political activist Charlie Kirk the Presidential Medal of Freedom.
Kirk was assassinated less than 24 hours earlier at Utah Valley University while speaking on conservative talking points to a crowd.
The 31-year-old conservative commentator is best known for founding Turning Point USA, a nonprofit that sought to build a robust conservative youth movement. He earned notoriety for his unwavering loyalty to Trump, his advocacy of expansive Second Amendment rights, and his opposition to LGBTQ rights. Conservatives and far-right supporters have quickly elevated Kirk to martyr status since his death.
“Before we begin, let me express the horror and grief so many Americans feel at the heinous assassination of Charlie Kirk,” Trump said. “Charlie was a giant of his generation, a champion of liberty, and an inspiration to millions and millions of people.”
As of now, there is no indication when the award ceremony will take place, although Trump said “I can only guarantee you one thing, that we will have a very big crowd.”
Many credit Kirk with helping Trump return to the White House in 2024 by mobilizing young voters — particularly young men — on behalf of the twice-impeached president.
Kirk’s stance against LGBTQ rights was a central part of his political brand.
A staunch opponent of Obergefell v. Hodges, the landmark Supreme Court ruling requiring states to recognize same-sex marriage, Kirk often used incendiary rhetoric, at times calling for the erosion of LGBTQ rights altogether.
As host of “The Charlie Kirk Show” on the Salem Radio Network, he frequently denounced transgender participation in sports, referring to trans people and their supporters as “sick.” He also suggested they should be “taken care of like how things in the 1950s and 60s” were — an allusion many critics interpreted as a reference to lobotomies, shock therapy, and forced institutionalization.
Kirk often framed his views through the lens of “Christian values.”
On his YouTube channel, he invoked biblical passages, at one point citing Leviticus 20:13 to claim that the Bible’s call for the stoning of gay men reflected “God’s perfect law.”
The Washington Blade contacted several LGBTQ advocacy organizations for comment on Trump’s decision to posthumously honor Kirk, a man widely criticized for his hostility toward the LGBTQ community. Many focused instead on condemning the violence that ended his life.
“Political violence is unacceptable and has no place in this country,” said Kelley Robinson, president of the Human Rights Campaign, in an emailed statement. “We cannot ever accept this epidemic of gun violence as normal. We cannot keep living like this.”
Kristen Browde, president of the Florida LGBTQ+ Democratic Caucus, which has 21 chapters across the state, making it one of the largest LGBTQ caucuses in the nation, echoed those sentiments while pointing to the consequences of Kirk’s rhetoric.
“Political violence, for any reason, is wrong. Gun violence, for any reason, is wrong. Spending your life, inciting violence, demonizing political opponents? Attacking those who are different? Every bit as wrong. And when violence follows such actions? One can’t be shocked. All you can do is recommit yourself to fight against it.”
According to videos — and witnesses at Utah Valley University, Kirk was shot seconds after beginning to answer a question about how many”transgender” people were responsible for “mass shootings,” where he answered “too many.”
As of Thursday evening, Kirk’s killer remained at large. The FBI has identified a person of interest in its investigation and is offering a $100,000 reward for information leading to an arrest.
Utah
Charlie Kirk shot to death at Utah university
Anti-LGBTQ figure asked about trans shooters moments earlier
Charlie Kirk, a right-wing political activist, outspoken anti-LGBTQ figure, and founder of Turning Point USA, a conservative nonprofit, was shot and killed at Utah Valley University in Orem, Utah on Wednesday.
The 31-year-old was visiting the university’s Turning Point USA chapter and speaking to a large outdoor audience when he was struck in the neck by a single bullet fired from about 200 yards away. NBC reported that no suspect is in custody, despite university police previously indicating otherwise. President Trump announced Kirk’s death on social media.
Just moments before the shooting, an audience member asked Kirk, “How many transgender Americans have been mass shooters over the last 10 years?”
“Too many,” Kirk replied—seconds before being shot. Videos of the graphic incident have since gone viral online.
Kirk had long opposed LGBTQ rights and publicly opposed same-sex marriage. He frequently cited his “Christian values” as the basis for his positions, often quoting Leviticus 20:13 (“men lying with men… abomination”) as “God’s perfect law” on sexual matters.
He was also a prominent national voice in efforts to ban transgender healthcare, saying, “Donald Trump needs to run on this issue.” Kirk further proclaimed, “Pride is a sin,” and dismissed “gay corporations that hate America.”
On his YouTube show, he declared there are “only two genders” and described “transgenderism and gender ‘fluidity’ … lies that hurt people and abuse kids.” He also warned that LGBTQ efforts would not stop at marriage equality but instead aimed to “corrupt your children,” according to Media Matters for America.
Utah Valley University, established in 1941 as Central Utah Vocational School, is the state’s largest public university, with more than 46,000 students. It is located about 40 miles south of Salt Lake City.
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