Politics
Kamala Harris emerges as LGBT favorite for 2020 — there’s just one thing
Kamala Harris’ record contains one item that may surprise many of her LGBT supporters


U.S. Sen. Kamala Harris (D-Calif.) sought to block gender reassignment surgery for trans inmates on behalf of California. (Washington Blade file photo by Michael Key)
Sen. Kamala Harris (D-Calif.) was likely chosen as a featured speaker at Saturday’s Human Rights Campaign National Dinner because she’s quickly becoming a favorite in the LGBT community among potential 2020 Democratic presidential contenders.
To recognize her popularity among LGBT people, just find the animated picture of Harris making the rounds on Facebook at the Senate dais brushing her hair back, clasping her hands and blinking her eyes wearily as she’s cut off during a Senate Intelligence Committee hearing. Also check out the widely shared video of her exchange with U.S. Attorney General Jeff Sessions about his Russian connections, which left the Trump official muttering he felt “nervous” under questioning from the U.S. Senate’s only black female senator.
But a look at her LGBT record reveals one wrinkle on transgender rights that may surprise her followers and that has disappointed some trans people.
To be sure, Harris has a staunchly pro-LGBT record. As California attorney general, she declined to defend California’s ban on same-sex marriage Proposition 8 in court. When the U.S. Supreme Court restored marriage equality to California, she officiated at the wedding of Kris Perry and Sandy Stier, the first same-sex wedding after the ruling, and instructed clerks to marry same-sex couples seeking a license with “no exceptions.”
Also as attorney general, Harris in 2015 refused to certify a “Kill the Gays” ballot initiative proposed in California that would have (unconstitutionally) instituted the death penalty for homosexual acts. Despite a legal challenge, a federal judge agreed to relieve her of duty to prepare a title and summary for the measure before it advanced to the signature-gathering stage.
Harris also co-sponsored a bill in the California Legislature with former Assembly member Susan Bonilla to eliminate the “gay panic” defense in cases of murder or violent crime against LGBT people. Gov. Jerry Brown signed the legislation in 2014, making California, along with Illinois, one of two states in the country to ban the plea.
Upon beginning her term as a U.S. senator this year, Harris continued to advocate for LGBT rights. A co-sponsor of the Equality Act, Harris also demanded answers from the Trump administration on the decision to omit questions in the U.S. Census allowing responders to identify their sexual orientation or gender identity. The Trump administration never provided a direct response.
Harris has signed friend-of-the-court briefs arguing transgender people should be allowed to use the public restroom consistent with their gender identity. As California attorney general, she filed briefs in favor of Obama administration guidance supporting transgender students and against North Carolina’s notoriously anti-LGBT House Bill 2. As a U.S. senator, she signed a brief before the U.S. Supreme Court in favor of transgender student Gavin Grimm’s case.
Rick Zbur, executive director of Equality California, said Harris’ record on LGBT rights in her capacities as attorney general and a U.S. senator are nothing short of “impeccable.”
“We’ve known her since she was the DA in San Francisco, and then of course, when she as attorney general was more engaged than any attorney general has been with us in the LGBTQ community,” Zbur said. “[She] really engaged with us and has a really strong commitment and understanding of our issues.”
On transgender issues in particular, Zbur noted Harris as attorney general appointed last year a transgender woman of color, Mariana Marroquin, to the California Racial & Identity Profiling Advisory Board.
Harris will likely tout her record on LGBT rights during her remarks at the 21st annual Human Rights Campaign National Dinner.
But one part of her record she might avoid is her role as California attorney general in 2015 in arguing on behalf of the state to withhold gender reassignment surgery from two transgender inmates who were prescribed the procedure while serving out their sentences. Advocates have made the case that transgender inmates are entitled to receive the taxpayer-funded procedure because denying them medical treatment amounts to cruel and unusual punishment — a clear violation of the Eighth Amendment of the U.S. Constitution.
One case involved Shiloh Quine, who’s serving a term of life for first-degree murder, kidnapping and robbery. The other case involved Michelle-Lael Norsworthy, who was serving time in prison in Mule Creek State Prison in Ione, Calif., for second-degree murder. Both were prescribed gender reassignment surgery, but the California Department of Corrections & Rehabilitation refused to provide the procedure.
The process of the Norsworthy case was quite public as it proceeded through litigation. Although U.S. District Judge Jon Tigar ordered California to grant Norsworthy gender reassignment surgery, Harris in her capacity as attorney general appealed the decision to the U.S. Ninth Circuit Court of Appeals and fought to reverse the decision.
One 29-page brief in the case, signed by Harris, urges a stay on the court order for Norsworthy because the hormone treatment the inmate receives is sufficient — at least for the time being.
“The core of Ms. Norsworthy’s complaint is that Defendants have not provided the particular treatment she wants sex-reassignment surgery and unspecified ‘additional treatment,'” Harris writes. “But the Constitution ‘does not guarantee to a prisoner the treatment of his choice.’ The Eighth Amendment requires that an inmate be afforded ‘reasonable measures to meet a substantial risk of serious harm to her,’ not that she be given the specific care she demands. The ‘essential test is one of medical necessity and not one simply of desirability.'”
Ultimately, both the Norsworthy and Quine cases resulted in settlements. Norsworthy reached an agreement with the state in which she obtained parole. As a result, she was able to obtain surgery through Medi-Cal, a state health care system in California. In the Quine case, the state agreed to grant her gender reassignment surgery as well as clothing and items consistent with her gender identity. The California Department of Corrections & Rehabilitation also agreed to review and revise its policies writ large for transgender inmates and medical treatment, including gender reassignment surgery.
But Harris’ actions in the Norsworthy case have inspired consternation in the transgender community and on Twitter, including from Chelsea Manning, who fought to receive gender reassignment surgery though litigation during her time in prison after the Army initially denied it to her. (A Washington Blade article on Harris’ brief against the court order is among the paper’s top 10 trafficked stories this year — the only story not from 2017 to hold that distinction.)
Zbur said criticism of Harris’ role in the litigation, however, is “really misplaced” because as attorney general she was compelled to represent the position of her client, which in this case was the California Department of Corrections & Rehabilitation.
“As a lawyer for the government, she was constrained in what she could publicly say and do and her client was making decisions, but with us she really working hard to understand the issue, providing information, and I think she was a big part of the resolution, which resulted in the really significant policy changes that were implemented by the Department of Corrections when she was attorney general,” Zbur said.
But the argument Harris was compelled to fight the court order granting gender reassignment surgery to an inmate because that was her responsibility as attorney general raises the question on how she got out of similar duties in an effort to uphold LGBT rights. If Harris could get out of defending Proposition 8 or certifying the “Kill the Gays” initiative, why couldn’t she also opt out of litigation seeking to bar transition-related care to a transgender inmate?
Zbur said the difference between the transgender inmate litigation and the other two situations was that in the former, Harris had a specific client, namely, the California Department of Corrections & Rehabilitation.
“When you have a client, you basically have ethical duties to represent the client’s interest,” Zbur said. “You take direction from the client. And so, she did really have constraints in terms of what she could do, but I think the bottom line is that during that period of time, she was working hand-in-hand with us on a process that resulted in changing the policies at the Department of Corrections, and that’s a really significant thing.”
At the time Harris engaged in the litigation in 2015, Jon Davidson, legal director for Lambda Legal, said the attorney general’s actions were her own choice.
“Even where the decision is made to defend an unconstitutional practice, there’s nothing that dictates the tactics of that defense, particularly once a court has found there are likely ongoing constitutional violations,” Davidson said. “The choice to appeal a preliminary court order and to seek to delay its implementation is just that — a choice. It’s also a very unfortunate one, given that what is at stake here is potentially life-saving treatment that is widely recognized as medically necessary for some people suffering from gender dysphoria.”
It seems the cases weren’t on Harris’ radar, even though her name is on each of the legal briefs, until much later in the process of litigation.
Nathan Barankin, who’s chief of staff for Harris and served as her deputy attorney general, said around 1,100 attorneys are working on cases like these and Harris wasn’t personally aware or involved in the litigation until a later time.
“She did learn about our office’s involvement in this case by reading about it in the newspaper,” Barankin said. “Her reaction to the way the case was being litigated was to work very closely with all of the parties involved to reach what we consider a successful conclusion, which was a permanent change in state prison policy on the treatment of transgender inmates.”
Two years later after the settlements were reached, Lambda Legal struck a different tone on Harris’ handling of the lawsuit.
Peter Renn, a senior attorney in the Western Regional Office of Lambda Legal who works on transgender cases, said the situation changed in the lawsuits as Harris became more involved in the litigation.
“The California AG’s office shifted its handling of these cases significantly after now-Sen. Harris took over,” Renn said. “Initially there was language in briefing for the state that glaringly misunderstood the medical necessity of transition-related medical care and was patently offensive. But then, there was a dramatic change, which seems to have gone along with important policy shifts.”
Supporters of Harris point to the settlements that were reached in the cases as evidence that her role was productive for transgender rights. After all, those agreements created precedent in the state and new policy ensuring transgender people in California prisons can receive gender reassignment surgery.
But not everyone agrees with that assessment.
Amanda Goad, a California attorney who works on transgender issues and identifies as queer, said in a personal capacity calling the settlements in the Quine case an LGBT rights achievement for Harris “does not make sense.”
“Her client CDCR could have updated its policies and made gender-confirming surgery available to incarcerated folks long before it did so under the pressure of a trial court loss in the Quine case,” Goad said. “Harris has done other things that do seem to me to belong under the banner of LGBTQ champion. … Settling a lawsuit that the state was losing — and never should have defended in the first place — just doesn’t fit the bill.”
In her capacity as staff attorney for the American Civil Liberties Union of Southern California, Goad said the policy changes the California Department of Corrections & Rehabilitation promised aren’t being implemented.
“Recent data shows that of the many prisoners who have applied to undergo gender-confirming surgery under the new policy, zero trans women beyond Shiloh Quine herself have actually undergone surgery. (Two men have undergone top surgery.),” Goad said. “Dozens have been denied, and I get letters every week from women extremely upset about their inability to access surgical care.”
Goad also complained about the state continuing to fight transgender prisoners’ access to clothing consistent with their gender identity as well as harassment, sexual assaults and violence endured by transgender women in prison.
That mistreatment, Goad said, is something Harris could address through encouraging enforcement of the Prison Rape Elimination Act and other actions.
“She has a great platform from which to speak out about the broader issues of violence, discrimination, and harassment endured by transgender women of color both inside and outside prison and propose constructive approaches for addressing those problems and their structural causes,” Goad said.
Major transgender rights advocates said the inclusion in Harris’ LGBT record of seeking to deny gender reassignment surgery to transgender inmates was unfortunate — but also urged LGBT people to look at the bigger picture.
Jillian Weiss, executive director of the Transgender Legal Defense & Education Fund, said Harris’ defense of the state in the litigation contrasts with her otherwise pro-LGBT record.
“Sen. Harris has a positive record as a champion of gay and lesbian rights, and that is commendable,” Weiss said. “It is unfortunate that her record also includes having argued that gender confirmation surgery was not a medical necessity for a transgender woman despite a psychological assessment to the contrary. While some public sentiment leans against providing necessary medical services for transgender people who are incarcerated, our Constitution recognizes that denying such vital health care is cruel and unusual punishment. It is our hope that Sen. Harris will learn more about transgender medicine and its importance to trans people.”
(Harris isn’t the only potential 2020 Democratic presidential candidate with an unfriendly record on gender reassignment surgery for transgender inmates. In a 2012 radio interview, then-U.S. Senate candidate Elizabeth Warren said when asked about granting the procedure to an inmate in Massachusetts, “I have to say, I don’t think it’s a good use of taxpayer dollars.” Warren has never corrected that position even as litigation seeking the procedure for the inmate, Michelle Kosilek, proceeded through the courts. Ultimately, the First Circuit ruled against Kosilek, setting binding precedent in that jurisdiction.)
Mara Keisling, executive director of the National Center for Transgender Equality, took an even more lenient approach to Harris’ action on the lawsuit and said her organization would work with her on issues of transition-related care for transgender prisoners.
“Sen. Harris has long been a friend of LGBT people and our causes,” Keisling said. “Notwithstanding her one-time defense of an indefensible and unconstitutional state prison position on trans healthcare, she is now a senator and is very likely to continue being a vote and voice for trans people in the U.S. Senate. She has shown this recently in support of Gavin Grimm and trans service members. I am certain when I first meet her, we will discuss her position in the prison case, and she will continue to grow and continue to support us better and better.”
California Politics
Zbur continues fight for LGBTQ rights amid Trump attacks
He continues to cement a pro-equality legacy in state legislature

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.”
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

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.
Congress
Democratic lawmakers travel to El Salvador, demand information about gay Venezuelan asylum seeker
Congressman Robert Garcia led delegation

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.”

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.”

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.”
Congress
EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker
Congressman’s correspondence was shared exclusively with the Blade

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.
Federal Government
USCIS announces it now only recognizes ‘two biological sexes’
Immigration agency announced it has implemented Trump executive order

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.”
Politics
City of Long Beach passes motion to become LGBTQ sanctuary city
The motion also officially recognizes Trans Day of Visibility on March 31st

Long Beach City Council passes motion to officially recognize March 31st as Transgender Day of Visibility and make Long Beach a sanctuary city for LGBTQ+ people, with all 8 councilmembers in favor.
At Tuesday’s City Council meeting, community members weighed in on the motion through public comment.
“The City of Long Beach is 1 of only 47 cities nationally that have gotten a perfect score on a Human Rights Campaign’s Municipal Equality Index,” said community member Anthony Brice at the public meeting. “It also received an extra 11 bonus points, so we are urging the city to please adopt this motion and uphold those standards.”
In March, Councilmember Megan Kerr, Councilmember Cindy Allen and Vice Mayor Roberto Uranga submitted a recommendation to Mayor Rex Richardson and the City Council to officially recognize March 31st as Transgender Day of Visibility in the City of Long Beach and recognize the City of Long Beach as a ‘Transgender Safe City.’
During the public comment section of the meeting, other community members also voiced their opinion and opposition to Elon Musk bringing SpaceX to Long Beach, citing his openly anti-trans and anti-LGBTQ agenda.
Janine Stallings, a trans community member, urged the city council to not just pass this “performative resolution,” but to also cancel all current contracts with SpaceX and any future plans for contracts.
According to the motion’s recommendation, “the current administration’s policies have raised concerns about the rights and protections of transgender, non-binary, and gender diverse individuals.”
The recommendation goes on to say that Long Beach has long been a hub for LGBTQ+ culture, activism and community, citing the Broadway Corridor as a cornerstone of the community for decades. The corridor is home to numerous LGBTQ+ businesses, gathering spaces and historic advocacy efforts, representing the city’s commitment to diversity and inclusion.
The recommendation – now an approved motion – called for Mayor Richardson to approve the recognition of March 31st as TDOV and make LBC a sanctuary city because it is essential to preserve the safe spaces that already exist.
“I am proud that our city remains an inclusive [city] and a safe place for everyone, especially our transgender community who, like many of you just talked about, face a heightened amount of criticism,” said Councilmember Allen. “It’s just been horrible – everything that’s been happening during this current administration.”
The city already has other policies in place regarding LGBTQ+ culture and identity such as, raising the Progress Pride Flag and the Transgender Pride Flag at City Hall, collecting sexual orientation and gender identity data to identify and address disparities within the community.
According to the recommendation, “under the current administration, it is more important than ever to unite and advocate for the protection of equal rights and legal protections for all.”
Congress
Republican lawmakers demand IOC ban transgender athletes from women’s events
2028 Summer Olympics to take place in Los Angeles

A group of Republican lawmakers have demanded the International Olympic Committee ban transgender athletes from women’s athletic competitions.
The lawmakers — U.S. Sens. Jim Risch (R-Idaho), Mike Crapo (R-Idaho), Jim Banks (R-Ind.), Marsha Blackburn (R-Tenn.), Steve Daines (R-Mont.), Lindsey Graham (R-S.C.), Josh Hawley (R-Mo.), Jim Justice (R-W.Va.), James Lankford (R-Okla.), Tim Sheehy (R-Mont.), and Tommy Tuberville (R-Ala.) and U.S. Reps. Burgess Owens (R-Utah), Lauren Boebert (R-Colo.), Vern Buchanan (R-Fla.), Tim Burchett (R-Tenn.), Dan Crenshaw (R-Texas), Brad Finstad (R-Minn.), Craig Goldman (R-Texas), Mark Green (R-Tenn.), Ashley Hinson (R-Iowa), Mike Kennedy (R-Utah), Nick LaLota (R-N.Y.), Blake Moore (R-Utah), Riley Moore (R-W.Va.), Austin Pfluger (R-Texas), John Rose (R-Tenn.), and Claudia Tenney (R-N.Y.) — made the demand in a letter they sent to IOC President Thomas Bach on Tuesday.
“In the United States, we honor our female Olympians. These athletes, and so many others, have inspired generations of young women around the world to compete and excel. Their legacy underscores the vital importance of fairness in women’s sports at every level of competition,” reads the letter. “Future Olympians are counting on the IOC to protect the opportunities of women and girls to contribute to this proud tradition.”
“To do so, the IOC must base eligibility for women’s athletic competitions on biological sex,” it adds. “Allowing biological males to compete in women’s categories undermines competitive opportunities, safety, and respect for female athletes.”
The IOC in 2021 adopted its “Framework on Fairness, Inclusion and Nondiscrimination on the Basis of Gender Identity and Sex Variations” that includes the following provisions:
• 3.1 Eligibility criteria should be established and implemented fairly and in a manner that does not systematically exclude athletes from competition based upon their gender identity, physical appearance and/or sex variations.
• 3.2 Provided they meet eligibility criteria that are consistent with principle 4 (“Fairness”, athletes should be allowed to compete in the category that best aligns with their self-determined gender identity.
• 3.3 Criteria to determine disproportionate competitive advantage may, at times, require testing of an athlete’s performance and physical capacity. However, no athlete should be subject to targeted testing because of, or aimed at determining, their sex, gender identity and/or sex variations.
The 2028 Summer Olympics will take place in Los Angeles.
President Donald Trump on Feb. 5 issued an executive order that bans trans women and girls from female sports teams in the U.S. The Human Rights Campaign and other advocacy groups criticized Democratic California Gov. Gavin Newsom last week after he said it is “deeply unfair” to allow trans athletes to compete in women’s sports.
The Guardian on Feb. 25 reported the State Department has ordered consular officials “to deny visas to transgender athletes attempting to come to the U.S. for sports competitions, and to issue permanent visa bans against those who are deemed to misrepresent their birth sex on visa applications.” A travel advisory for trans and nonbinary people who are planning to visit the U.S. that the German government issued last week specifically notes the Trump-Vance administration has banned the State Department from issuing passports with “X” gender markers.
The letter notes Trump’s Feb. 5 executive order, and indicates the signatories “stand united with Secretary of State Marco Rubio and President Trump in calling on the IOC to amend its standards and safeguard the opportunities of female athletes on the Olympic stage.”
“We urge you to reaffirm the IOC’s commitment to upholding the integrity of women’s Olympic competitions and ensure that only biological women and girls are allowed to compete in female sports categories,” reads the letter. “The Olympic Games should be a model for integrity in sports, and the next IOC president must firmly defend the rights of dedicated female athletes.”
The Los Angeles Blade has reached out to the IOC for comment.
National
Trump hails anti-trans policies in partisan speech before joint session of Congress
GLAAD: ‘a baseless and unhinged disinformation campaign’

President Donald Trump delivered a divisive and partisan address before a joint session of Congress on Tuesday that also included multiple references to his administration’s anti-transgender executive actions.
“We’ve ended the tyranny of so-called diversity, equity, and inclusion policies all across the entire federal government and indeed the private sector and our military,” Trump said, promising, “our country will be woke no longer.”
Later, he said “We have removed the poison of critical race theory from our public schools, and they signed an order making it the official policy of the United States government that there are only two genders, male and female.”
“I also signed an executive order to ban men from playing in women’s sports,” Trump said.
At that point, the president introduced one of his special guests, Payton McNabb—who, he said, was seriously injured three years ago when her girls’ volleyball game was “invaded by a male” who spiked the ball “so hard in Peyton’s face, causing traumatic brain injury.”
GLAAD, in a press release before Trump’s speech, noted that “McNabb has since been hired by opponents of trans people to use her injury to argue that all trans youth should be denied the chance to play sports as their authentic selves.”
She is “a paid spokesperson for an anti-transgender group that also advocates to ban health care and to force schools to dangerously out LGBTQ youth without their consent,” the group wrote.
Trump continued, “Take a look at what happened in the women’s boxing, weight lifting, track and field, swimming, or cycling, where a male recently finished a long distance race five hours and 14 minutes ahead of a woman for a new record by five hours.”
“It’s demeaning for women, and it’s very bad for our country. We’re not going to put up with it any longer.”
During this section of the speech, news cameras turned to Riley Gaines, a former NCAA swimmer turned anti-trans activist, who was a guest of Republican U.S. Rep. Mariannette Miller-Meeks (Iowa) and has worked with the same group as McNabb.
GLAAD wrote that Gaines “parlayed her fifth place finish into a career of testifying in states she does not live in to support full bans on transgender youth as young as kindergarten from playing sports.”
Later, when decrying government spending, Trump noted $8 million was used “to promote LGBTQI+ in the African nation of Lesotho, which nobody has ever heard of” and $8 million “for making mice transgender.”
About an hour into his speech, the president said, “My administration is also working to protect our children from toxic ideologies in our schools. A few years ago, January Littlejohn and her husband discovered that their daughter’s school had secretly socially transitioned their 13 year old little girl.”
“Teachers and administrators conspired to deceive January and her husband while encouraging their daughter to use a new name and pronouns,” he said. “‘They-them’ pronoun, actually, all without telling January, who is here tonight and is now a courageous advocate against this form of child abuse.”
GLAAD notes that “records show January Littlejohn of Tallahassee, Fla., worked with the school district to support her nonbinary child, before Littlejohn sued the district with lawyers from a national anti-LGBTQ+ group.”
According to GLAAD, the family’s complaint accused school of discussing “restrooms and name change requests with their child without their consent” but “a public records request showed that the family had ongoing communications with the school and gave approval to let their child and their teachers lead on appropriate school protocols.”
“The Trump White House is using the address to Congress to continue its baseless and unhinged disinformation campaign against transgender Americans,” GLAAD said. “The invited guests being deployed to smear transgender people are paid spokespeople for anti-LGBTQ groups that demand schools dangerously out LGBTQ students without their consent, who go against every major medical association supporting medically-necessary health care, and do nothing to promote women and girls in sports or protect everyone’s safety and wellbeing.”
Congress
Garcia vows not to be silenced amid U.S. Attorney’s inquiry into his criticism of Musk
Congressman received a letter from the U.S. attorney’s office in D.C.

U.S. Rep. Robert Garcia (D-Calif.) is pushing back after President Donald Trump’s interim U.S. attorney for D.C., Ed Martin, disclosed his office’s inquiry into whether the congressman’s remarks about Elon Musk earlier this month constituted a threat against a public official.
“This is completely ridiculous, to essentially threaten me with possible prosecution [and] investigations through the U.S. Department of Justice because I used a metaphor to criticize Elon Musk,” Garcia told The Bulwark’s Tim Miller during an interview on Feb. 20.
At issue is a Feb. 12 appearance on CNN during which, as Martin said in a letter to the congressman’s office, “When asked how Democrats can stop Elon Musk, you spoke clearly: ‘What the American public wants is for us to bring actual weapons to this bar fight. This is an actual fight for democracy.’”
He continued, “This sounds to some like a threat to Mr. Musk—an appointed representative of President Donald Trump who you call a ‘dick’—and government staff who work for him. Their concerns have led to this inquiry.”
Garcia’s comments came just after he participated in the first House subcommittee hearing on Musk’s DOGE, the Department of Government Efficiency, which was established by an executive order issued on the first day Trump took office.
In a statement to the Los Angeles Blade, House Democratic Leader Hakeem Jeffries (N.Y.) said “Rep. Robert Garcia is a thoughtful, hardworking, and law-abiding legislator who serves his constituents and the nation with distinction. House Democrats will not be intimidated by far-right extremists who are determined to weaponize the criminal justice system against Congress.”
Garcia serves on the powerful House Oversight Committee as well as in the Congressional Equality Caucus, as one of its 11 LGBTQ+ co-chairs. In November, he was elected the Democratic Caucus Leadership Representative.
“I’ve talked to a lot of folks, members of the House and others, who have been very supportive.” he said on Feb. 20. “I said, ‘Look, we can’t allow this singling out of me. It’s not really about me, right? This is about silencing critics and critics in Congress.’”
Later in the interview, he added “we’re talking to the appropriate folks, and of course, talking to folks in the Democratic leadership” who understand the broader stakes in terms of “our job” as House Democrats to “be the loyal opposition.”
U.S. Rep. Gerald Connolly (Va.), the Oversight Committee’s top Democrat, also issued a statement condemning Martin’s letter:
“This is a shameful attempt to silence and stifle congressional oversight. Mr. Martin—an organizer, financier, and legal representative for the January 6th insurrection—is weaponizing the Justice Department to carry out the president’s retribution tour.
“This ‘Operation Whirlwind’ is a smokescreen meant to distract from the true intentions of the Trump administration: Silencing criticism and snuffing out any attempt to exercise oversight of their misdeeds and perversion of the law. I can assure you that Congressman Garcia and our fellow Oversight Democrats will not be deterred by these threats, and we will continue to fight to safeguard our democracy and protect the rights of the American people we serve.”
Martin on Feb. 19 announced “Operation Whirlwind,” a new initiative to prosecute threats against public officials at all levels of government, which some critics and legal experts believe is primarily intended as a means of silencing criticism.
In addition to Garcia, Martin has sent letters to the Senate’s Democratic Leader Chuck Schumer (N.Y.) on Jan. 21, Feb. 3, and Feb. 11, indicating plans to review remarks he made in 2020 to see if they constituted unlawful threats against two of Trump’s U.S. Supreme Court nominees, Brett Kavanaugh and Neil Gorsuch.
“I want to tell you, Gorsuch,” Schumer said, “I want to tell you, Kavanaugh—you have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”
The top Senate Democrat was speaking during a rally about the conservative jurists’ potential revocation of decades-old constitutional protections for abortion, which they ultimately did in 2022 with their 5-4 decision in Dobbs v. Jackson Women’s Health Organization.
As detailed by aide to the senator in his response to Martin, “on March 5, 2020, the day after the comments referenced in your letter, Senator Schumer made the following remarks” from the Senate floor:
“Now, I should not have used the words I used yesterday. They didn’t come out the way I intended to. My point was that there would be political consequences—political consequences—for President Trump and Senate Republicans if the Supreme Court, with the newly confirmed Justices, stripped away a woman’s right to choose.
“Of course, I didn’t intend to suggest anything other than political and public opinion consequences for the Supreme Court, and it is a gross distortion to imply otherwise. I am from Brooklyn. We speak in strong language.
“I shouldn’t have used the words I did, but in no way was I making a threat. I never—never—would do such a thing. Leader McConnell knows that, and Republicans who are busy manufacturing outrage over these comments know that too.”
The aide concluded, “As Senator Schumer’s statement on the Senate floor confirmed, the comments were not a threat to physically harm any person. I hope that this clarifying information is helpful.”
Shortly after Trump’s appointment of Martin, the conservative lawyer and activist dismissed pending cases against rioters who sacked the Capitol building on Jan. 6, 2021, fired the prosecutors who were involved, and began investigations into those who brought obstruction charges that were ultimately invalidated by a U.S. Supreme Court decision in June.
Barbara McQuade, a former federal prosecutor who teaches law at the University of Michigan and serves as a legal analyst for NBC News and MSNBC, told the Washington Post she had “never seen anything like these letters from a U.S. attorney,” who would typically assign agents to lead such a probe while abiding the Justice Department’s policy of not confirming or denying the existence of any investigation.
“It seems like a fair inference that these letters are designed more to chill free speech than to seek clarification, as they purport to do,” McQuade added.
Garcia agreed, telling Miller that the effort “could have a chilling effect on other folks that actually want to come out and criticize and oppose” Trump, Musk, the administration, or their allies.
Looking ahead, Martin has “given me, by the way, till Tuesday to respond to this letter,” Garcia noted. When asked about what he planned to do, the congressman said “we’re having some conversations about that” but “what we’re not going to do is stay silent.”
“The lesson here is not to retreat,” he said. “The lesson here is to push harder and continue to let people know they are literally trying to limit free speech.”
Discussing his remarks about Musk during an appearance on CNN on Feb. 20, Garcia said “what’s really critical at this moment, I think, for all of us to understand, is that we should be allowed to speak freely, and we certainly should be allowed to use figures of speech, and anyone that watches that can see that as a figure of speech or a metaphor in the way we’re describing this fight.”
The congressman added, “And it is a fight. This is a fight for democracy.”
National
Federal workers, trans service members cope with Trump attacks
‘We could very easily be entering a Lavender Scare 2.0’

Since President Trump signed a series of executive orders rolling back federal worker protections, advocacy groups are ringing alarm bells signaling this could disproportionately impact more than 300,000 LGBTQ federal workers.
Trump has so far signed 65 executive orders, most of which attempt to shrink the size of the federal government and restructure how it works to better suit his interests. Of those 65 executive orders passed, at least six directly target LGBTQ people, one outright bans transgender people from serving in the military, and another ends all government efforts at promoting diversity, equity, and inclusion (DEI).
A study conducted in January by the Williams Institute, a research center that focuses on sexual orientation and gender identity law and public policy, showed that “one in ten LGBTQ adults are employed by the public sector,” with higher numbers of LGBTQ people working in federal government bureaus, the USPS, and as government contractors. This means that Trump’s orders could be particularly dangerous for LGBTQ Americans, potentially displacing hundreds of thousands of queer federal workers.
The Blade spoke with an LGBTQ executive branch employee who works directly with one of the resource groups targeted by the Trump administration to understand how these orders are being implemented internally. The source, fearing retaliation, requested anonymity.
“We had established lots of different things that were positive for LGBTQI+ employees to make sure that our identities were respected,” the source said. “What some folks may see as a simple thing like the allowance for pronouns in email signatures and the use of inclusive language, all those kinds of things are kind of in limbo right now. It’s fully expected to be said [by the Trump administration] that these things can’t be utilized anymore.”
The source noted that the public often misunderstands the role of these resource groups, making it harder to justify the need for such positions. A common misconception is that groups promoting DEI exist solely to hire minorities. Although part of their mission involves reaching historically underrepresented communities, their work extends far beyond recruitment, playing a crucial role in fostering inclusive workplace cultures and supporting employees.
“It’s just about creating that level playing field environment to make sure that you are doing the best for your organization to attract the best talent, and then the knowledge that it’s not just any one demographic that is best suited for a certain role,” they said. “Let me be very clear: It’s not about quotas, it’s not about checking boxes. It’s not about hiring one person on anything other than qualification over another. It’s about making sure that we’re looking at places where we may be missing opportunities for not just qualified candidates, but the best and brightest. And sometimes that means adjusting your recruitment style.”
This ongoing attack on DEI, as well as other efforts to promote inclusivity and fairness within the government by the twice-impeached president is a borrowed tactic from another infamous Republican who weaponized demagoguery to consolidate power — Sen. Joseph McCarthy.
“We could very easily be entering a Lavender Scare 2.0,” the source continued. “I mean, when you’re asking employees to rat on each other, basically, for anybody who might be involved in anything surrounding this work, it’s not unknown that a majority of folks who do diversity, equity, and inclusion work are members of minority, marginalized communities. It just painted a big target on the back of all those people.”
When asked to speculate on what they think this could mean for the roughly three million federal workers, the source said it could lead to a chilling effect where LGBTQ employees either face direct removal or feel compelled to leave due to a hostile work environment.
“I see an exodus coming — whether it is forced or voluntary,” said the source. “I don’t see with all the progress that’s been made over the last two decades people willing to stay working for an organization where they don’t feel like they’re safe. If you feel like you don’t have the psychological safety to do your job, and you’re worried about whether you’re gonna get fired, it kind of kills your psychological availability to do your job. People are not engaged.”
Colonel Bree Fram, the highest-ranking out transgender officer in the Department of Defense, who spoke to the Blade in her personal capacity and does not speak on behalf of the U.S. government or military, agreed with the source’s thoughts on inclusive spaces being critical for the success of government work and safety.
“Any policy that excludes a class of individuals is inherently damaging to national security, because if those individuals can meet the standards of the service, if they can accomplish the mission that they’ve been given, they are participating in a way that makes us stronger,” Fram said. “We create better solutions from a diverse set of perspectives that allows us to accomplish the mission in ways that support national security objectives. So if there is a transgender service member out there excluded merely for who they are, rather than their ability to complete their mission it’s an issue for our national security today and far into the future, because we have thousands of transgender service members actively accomplishing the mission today. They are doing so in a way that meets, or, in most cases, exceeds the standards, because they are highly capable, competent warriors that have learned their skill set and mastered their craft over decades, they are crushing it on behalf of the United States and in upholding their oath to the Constitution.”
The executive branch source echoed that sentiment. Both sources agree that the removal of these policies has the real potential to harm the government’s ability to function as a resource for its people.
“It takes a special type of person to work for the government,” the source said. “You’re not going to get rich. You’re not going to make as much money, generally. In the private sector you would, especially for folks who work in some of these specialized areas. Why would you want to work somewhere that you’re going to go nowhere, and no matter how hard you work, you’re not going to get anything?”
Not only do government employees feel they can’t perform at a professional level with these executive orders, some have expressed that they fear for the personal lives of LGBTQ staff members now too.
“People are concerned,” Fram said. “People are worried about what will happen to people that they work with. When any leader sees someone in their organization having a difficult time or having something outside of what they need to focus on to accomplish their duties, it is our responsibility as a leader to help that person through those issues. That is what leaders within the military, I believe, are seeing right now. They see members of their military family hurting and concerned about what their future may be. As a leader, we want to take care of people so that they can take care of the mission and having to spend resources to take care of people when they are hurt is very important, but it is also time consuming, and takes us away from things that we do need to be focused on.”
To find “things that we need to focus on,” is easier said than done. Fram said that for LGBTQ members of the federal workforce, specifically trans members of the military, it’s not only the fight against unjust actions and rhetoric from Trump, but also internally within the service members themselves.
“The challenge all of us face is, how do we determine and know our own self worth?” Fram asked. “Do we let an outside source define who we are? For transgender people, that is a deep strength of ours. … We know what to focus on. We know that we are who we are. We exist, and it is our deep duty and responsibility to care about future generations and protecting and defending our freedoms.”
When asked how to support people in these groups as workplace inclusion shifts away from being a standard part of their professional environment, Fram had a simple answer: listen to those who are being excluded.
“I believe the most powerful thing any of us have is our story,” Fram said. “Our story of courage and commitment and development and capability, how we serve, how we accomplish the missions that we’ve been given. So the best thing people can possibly do right now is share our stories, connect with our humanity, understand who we are in reality, not the rhetoric being used to demonize us. Trans people are a small portion of the population, so it’s easy to hate who you don’t know or don’t understand or have never met. So meet a trans person, read their story, share their story, and your perceptions may change.”
The Blade reached out to the Trump-Vance administration for comment but did not receive a response.
In the long run, Fram explained, vilifying and marginalizing people for who they are ultimately harms the cohesive team dynamics essential to achieving a common goal — whether on the battlefield or in the boardroom.
“What we’ve learned from countless examples through history, for trans people, for lesbians, gays, and bisexuals, and for other groups, anyone really who had to hide a piece of their identity in order to serve,” Fram said. “You cannot be as effective as you can be when you are spending energy hiding who you are. That’s a concern I have as more people pull back and have to hide a portion of who they are. We lose some of that cohesion within teams, because that energy that you have to spend on protecting yourself could be dedicated to building the cohesive relationships around you that foster teams that become incredibly successful. That’s one of the things where people being authentic serves the purposes of the military. It builds those strong bonds that allow teams to function effectively and accomplish their wartime mission.”
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