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Supreme Court green lights Trump’s transgender military ban

Stays granted in cases challenging anti-trans policy

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The Supreme Court has green-lighted President Trump’s transgender military ban. (Washington Blade file photo by Michael Key)

The U.S. Supreme Court on Tuesday issued stays on lower court orders against President Trump’s transgender military ban, apparently allowing the policy to go into effect.

In orders from the court, the Supreme Court granted stays the U.S. Justice Department requested in two separate cases challenging the ban before the U.S. Ninth Circuit Court of Appeals, Karnoski v. Trump and Stockman v. Trump. The stays means the Trump’s policy against transgender service will be allowed to go into effect as litigation moves forward.

The orders note U.S. Associate Justice Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan would have deny the application for a stay. (Since at least five justices are required for the Supreme Court to grant a stay, the order suggests Chief Justice John Roberts as well as U.S. Associate Justices Samuel Alito, Brett Kavanaugh, Neil Gorsuch and Clarence Thomas agreed to grant the stay.)

Shanon Minter, legal director for the National Center for Lesbian Rights, said the interpretation of the orders to mean Trump’s policy can go into effect is “unfortunately” correct.

“The court declined to hear the cases now, which permits our challenges to proceed in the lower courts, but it also is allowing the Trump administration to enforce the ban in the meantime,” Minter said.

But Minter added the Supreme Court’s stay order is “only temporary and is in place only until the Ninth Circuit issues its decision and the Court decides whether to accept review of that case.”

In separate entry, the orders note the Supreme Court also rejected petitions for certiorari calling for the Supreme Court to review these cases even before the Ninth Circuit had rendered a decision. It would have been a rare move for the Supreme Court to grant the cases at this stage without decisions yet from the appellate courts.

At the start of the year, four court orders were in place barring the Trump administration from enforcing the transgender military ban. All that has changed with the Supreme Court orders.

The Supreme Court grants the stay weeks after the D.C. Circuit Court of Appeals issued its own order lifting a lower court stay against the transgender military ban, which reduced the number of orders to three.

Technically, another order against the transgender military ban issued by a federal court in Maryland still stands, but it’s hard to see how that will be the case for long given the Supreme Court orders lifting orders in two other cases.

Sharon McGowan, legal director for Lambda Legal, pointed out the Maryland court order against the ban is in a precarious position.

“As a technical matter, there is still one remaining nationwide injunction in place – the ACLU’s injunction in the Maryland case (Stone),” McGowan said. “But we suspect that DOJ will likely be back in federal court in Maryland renewing their motion for a stay in light of what SCOTUS issued this morning.”

The Justice Department didn’t immediately respond to the Washington Blade’s request to comment on the next steps in the aftermath of the Supreme Court orders.

Jessica Maxwell, a spokesperson for the Defense Department, denied the Trump police is a ban in a statement after the Supreme Court issued its stays.

“As always, we treat all transgender persons with respect and dignity,” Maxwell said. “DOD’s proposed policy is not a ban on service by transgender persons. It is critical that DOD be permitted to implement personnel policies that it determines are necessary to ensure the most lethal and combat effective fighting force in the world. DOD’s proposed policy is based on professional military judgment and will ensure that the U.S. armed forces remain the most lethal and combat effective fighting force in the world.”

If the transgender military ban as developed by former Defense Secretary James Mattis is implemented, the change won’t affect transgender people currently in the armed forces.

The Mattis plan allows transgender service members who are already serving openly to continue to do so, and to receive necessary medical care. However, the plan prohibits openly transgender people from enlisting into the armed forces, and service members who later come out as transgender are at risk of discharge and ineligible for treatment.

Laura Durso, vice president of the LGBT Research and Communications Project at the Center for American Progress, condemned the Supreme Court for allowing the transgender military ban to go into effect.

“Allowing this dehumanizing policy to remain intact for even one more day gives credence to a bogus rationale about the fitness of transgender people to serve their country,” Durso said. “This is the cruel centerpiece of the Trump administration’s agenda to prevent the full inclusion of transgender people in public life. It undermines military readiness and perpetuates the fear across the transgender and allied communities that this government will not protect them, not even those who would sacrifice everything to protect our nation.”

Also criticizing the Supreme Court for allowing the transgender military ban to go into effect was Mara Keisling, executive director for the National Center for Transgender Equality.

“The court’s extraordinary action today puts the honorable service of thousands of troops and military readiness on the line,” Keisling said. “The military sets a core standard of unity and acceptance for American society, with implications extending far past military bases and recruitment offices, and that is the goal of the Trump-Pence administration. Today’s action is an attack on transgender people around the nation. President Trump’s attempts to defend this ban are as farcical as ever and only serve to defame thousands of transgender troops. It is more important than ever for Congress to act immediately to defend thousands of brave and honorable transgender service members from this thoughtlessly destructive president.”

Democratic National Committee Chair Tom Perez rebuked Trump’s ban in the aftermath of the Supreme Court orders.

“Prejudice is not patriotism,” Perez said. “Discrimination is not a national security strategy. This ban is nothing more than bigotry codified into law and an insult to all who have worn our nation’s uniform. Not only does it go against our values as Americans, it also makes us less safe.”

Perez also said the Democratic Party would fight the anti-trans policy upon its implementation.

“Democrats believe diversity is our nation’s strength,” Perez said. “We believe everyone deserves to be treated with dignity and respect, no matter who you love or how you identify. The brave service members who defend our freedoms should be able live freely. And we will keep fighting for the transgender community and all those who put themselves in harm’s way to protect our country.”

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Delaware

Former Delaware LGBTQ center official sentenced to nine months

“Mr. Seeley’s actions are a deep betrayal to not only CAMP Rehoboth but also the entire community we serve”

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CAMP Rehoboth LGBTQ community center, Rehoboth Beach, Delaware. (Washington Blade/Michael Key)

GEORGETOWN, Del. – Salvator “Sal” Seeley, who served as an official with the Rehoboth Beach, Del., CAMP Rehoboth LGBTQ community center for 20 years, was sentenced on April 5 by a Sussex County Superior Court judge to nine months in prison and to pay $176,000 in restitution to the organization.

The sentencing took place about five weeks after Seeley pleaded guilty to a charge of Theft in Excess of $50,000 for allegedly embezzling funds from CAMP Rehoboth, a spokesperson for the Delaware Department of Justice told the Washington Blade.

Seeley’s guilty plea came shortly after a grand jury, at the request of prosecutors, indicted him on the felony theft charge following an investigation that found he had embezzled at least $176,000 from the nonprofit LGBTQ organization.

“Salvatore C. Seeley, between the 27th day of February 2019 and the 7th day of September 2021, in the County of Sussex, State of Delaware, did take property belonging to CAMP Rehoboth, Inc., consisting of United States currency and other miscellaneous property valued at more than $50,000, intending to appropriate the same,” the indictment states.

“The State recommended a sentence of two years of incarceration based on the large-scale theft and the impact to the non-profit organization,” Delaware Department of Justice spokesperson Caroline Harrison told the Blade in a statement.

“The defense cited Seeley’s lack of a record and gambling addiction in arguing for a probationary sentence,” the statement says. “Seeley was sentenced in Superior Court to a nine-month prison term and to pay a total of $176,000 in restitution for the stolen funds,” Harrison says in the statement.

Salvator Seeley (Photo courtesy CAMP Rehoboth)

Neither Seeley nor his attorney could immediately be reached for comment.

At the time of Seeley’s indictment in February, CAMP Rehoboth released a statement saying it first discovered “financial irregularities” within the organization on Sept. 7, 2021, “and took immediate action and notified state authorities.” The statement says this resulted in the investigation of Seeley by the state Department of Justice as well as an internal investigation by CAMP Rehoboth to review its “financial control policies” that led to an updating of those policies.

“As we have communicated from day one, CAMP Rehoboth has fully cooperated with law enforcement,” the statement continues. “At its request, we did not speak publicly about the investigation while it was ongoing for fear it would jeopardize its integrity,” according to the statement. “This was extremely difficult given our commitment to transparency with the community about day-to-day operations during the recent leadership transition.”

The statement was referring to Kim Leisey, who began her job as CAMP Rehoboth’s new executive director in July of 2023, while the Seeley investigation had yet to be completed, following the organization’s process of searching for a new director. It says Seeley left his job as Health and Wellness Director of CAMP Rehoboth in September of 2021 after working for the organization for more than 20 years.

“Mr. Seeley’s actions are a deep betrayal to not only CAMP Rehoboth but also the entire community we serve,” the statement says.

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West Virginia

W.Va. AG files brief backing anti-trans kids protesting trans athlete

Attorney General Patrick Morrisey filed a brief in support of the female middle school student-athletes protested a trans athlete competing

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Lincoln Middle School track team member Emmy Salerno, 14, was one of the girls who backed out of a shot put in protest to a transgender athlete’s participation. She appeared alongside Attorney General Patrick Morrisey at a press conference in Charleston April 24. (Amelia Ferrell Knisely | West Virginia Watch)

By Amelia Ferrell Knisely | CHARLESTON, W.Va. – West Virginia Attorney General Patrick Morrisey filed a brief in support of the female middle school student-athletes who publicly protested a transgender athlete competing in their track and field competition.

The transgender athlete has been permitted to compete due to a recent federal appeals court ruling

Five students who forfeited their shot-put competition April 18 in protest have now been barred from competing in that event at their next track and field meet, according to a new release from the AG’s office. 

Four of the five students, through their parents, filed suit.

“Their actions at the earlier track meet were not disruptive or aggrandizing. They were the quiet demonstration of the student-athletes’ evident unhappiness with the competitive consequences of a federal appellate court’s decision,” Morrisey, a Republican, wrote in the amicus brief filed April 26. 

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The girls’ competition forfeiture followed a federal appeals court ruling in favor of West Virginia teen Becky Pepper-Jackson, a trans girl who uses puberty blocking medication. The girl sued the state over its law barring trans athletes from competing on girls’ and women’s sports teams in public schools and colleges. 

The law doesn’t ban trans males from competing on boys’ or mens’ teams.

The federal appeals court ruling only blocked the state’s transgender sports ban in Pepper-Jackson’s case; it did not overturn the state law in its entirety. 

The AG announced last week that he will ask the U.S. Supreme Court to weigh in on if the state can enforce its transgender athlete ban in Pepper-Jackson’s case. 

Morrisey is currently running for governor in a tight Republican primary race ahead of the May election

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Amelia Ferrell Knisely

Amelia is an investigative reporter for West Virginia Watch. Her coverage regularly focuses on poverty, child welfare, social services and government.

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The preceding article was previously published by West Virginia Watch and is republished with permission.

Nonprofit, nonpartisan, independent journalism not hidden behind a paywall. Mountaineers are always free, and so is West Virginia Watch.

West Virginia Watch is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Georgia

Georgia Southern University students protest after LBGTQ+ cuts

The protest “differed in tone and tenor from the pro-Palestinian demonstrations happening at campuses across the country”

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Georgia Southern University students protest after school cuts LBGTQ+ resources. (Screenshot/YouTube WTOC)

STATESBORO, Ga. – Several hundred students and supporters gathered in the central atrium of the Russell Union student center at Georgia Southern University (GSU) on Monday protesting the suspension of an LGBTQ+ inclusion training program, Safe Space, to the relocation of health care resource listings from a GSU public website.

The Atlanta Journal-Constitution reported Ellen Murphy, a grad student, organized the demonstration along with a handful of others, including members of Georgia Southern’s LGBTQ student organization, the Gay-Straight Alliance.

Murphy and other protestors, who were joined in solidarity by a handful of university administrators aimed to send a message to university administration after they suspended the LGBTQ+ initiatives, removing “information about services, including therapy groups for LGBTQ+ students, training to educate faculty/staff about LGBTQ+ identities (ie, Safe Space/Zone), medical treatments for transgender students, career resources, LGBTQ+ symbolism, and diversity statements from the university website.”

Georgia Southern administrator Dominique A. Quarles told the Atlanta Journal-Constitution the Safe Space training was paused because a compliance review of University System of Georgia human resources administrative practices found the program violated recent policy revisions.

The university is exploring alternative approaches to restore Safe Space or to offer similar training that doesn’t violate University System policy, Quarles told the AJC. The timeline for the reboot is the fall semester, which begins Aug. 14.

In a letter to GSU, Murphy and other protestors claimed that “pride flags were promptly removed from the shelves of the university bookstore, and adjustments were made to programming for upcoming events for LGBTQ+ students.” This included students being given notice that “drag events would no longer be permitted on campus.”

The letter also highlighted that GSU President Kyle Marrero had ordered the removal of a poster promoting gender-affirming care in the school’s counseling center.

The Atlanta Journal-Constitution pointed out that the protest “differed in tone and tenor from the pro-Palestinian demonstrations happening at campuses across the country.” Organizers took steps during the planning process to ensure participants would “act in alignment with our values,” Murphy told the AJC, adding “none of the students used the LGBTQ protests to promote other causes. The only flags displayed Monday were pride flags.”

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New Jersey

NJ groups urge school districts to reinstate policy on trans students

The groups say without this policy 5756, districts open to legal liability & students and families may believe their schools are not safe

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The groups say without this policy, not only are districts open to legal liability, but students and families may believe their schools are not safe and welcoming environments. (Photo Courtesy of the New Jersey Governor's Office)

By Sophie Nieto-Munoz | ASBURY PARK, N.J. – The American Civil Liberties Union of New Jersey and Garden State Equality sent letters to 16 school districts across New Jersey this week urging them to reinstate a policy they say protects transgender youth. 

The groups say without this policy — known as policy 5756 — not only are districts open to legal liability, but students and families may believe their schools are not safe and welcoming environments. The policy outlines responsibilities districts have to protect LGBTQ students under state and federal law. 

“School administrators must do everything they can to protect trans kids. As LGBTQ+ rights face renewed threats across the country, New Jersey has a responsibility to lead by example and ensure that students in our state feel safe, supported, and respected,” ACLU-NJ staff attorney Elyla Huertas said in a statement.

The policy, which is not mandatory, says school officials should have open but confidential discussions with their transgender students to ascertain the students’ preferences on their chosen names, pronouns, and parental communications. It was introduced in 2018 after a law signed by then-Gov. Chris Christie directed state education officials to create a policy regarding transgender students.

It came under fire last year when state Attorney General Matt Platkin’s office filed civil rights complaints against four school districts that sought to implement policies requiring school officials to tell parents about the sexual orientation and gender identity of LGBTQ students. Platkin critics said his office was improperly trampling on their rights to know personal details about their children. After state officials conceded during those court fights that policy 5756 was not mandatory, a handful of school districts repealed it.   

“At a time when we are seeing attacks against LGBTQ+ students proliferate throughout the state and country, showing your students that you are protecting them is crucial for their ability to feel safe, supported, and respected in the school environment,” the letter states.

Sparta is among the school districts that received the letter. Its school board president, Kurt Morris, told the New Jersey Monitor that the ACLU-NJ’s concerns are “unfounded” because the district readopted the policy at its December 2023 meeting. Officials from other districts did not respond to requests for comment. 

A letter also went to Union Township’s schools. The district’s board president, Cortney Dominianni-Smith, said school officials there agree with the ACLU that transgender students, like all students, should be treated respectfully and in a nondiscriminatory manner.

“The District has numerous policies protecting the rights of all students, including transgender students and guaranteeing them equal access to all programs and opportunities in the Union Township Schools,” she said.

Studies show that LGBTQ+ youth face higher rates of bullying and harassment at school, and are more likely to be alienated from their families or communities. LGBTQ+ children are more likely to experience housing instability, and are four times more likely to attempt suicide compared to their straight and cisgender peers.

“All of the data show affirming schools are a lifeline for LGBTQ+ students,” said Lauren Albrecht, Garden State Equality’s director of advocacy and organizing. “So when schools don’t know — or outright reject research-backed, educator-approved, and, until recently, uncontroversial guidelines for — how to meet the well-documented needs of these students, it isn’t hyperbole to say lives are at risk.”

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Sophie Nieto-Munoz

Sophie Nieto-Muñoz, a New Jersey native and former Trenton statehouse reporter for NJ.com, shined a spotlight on the state’s crumbling unemployment system and won several awards for investigative reporting from the New Jersey Press Association. She was a finalist for the Livingston Award for Young Journalists for her report on PetSmart’s grooming practices, which was also recognized by the New York Press Club. Sophie speaks Spanish and is proud to connect to the Latinx community through her reporting.

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The preceding article was previously published by the New Jersey Monitor and is republished with permission.

New Jersey Monitor provides fair and tough reporting on the issues affecting New Jersey, from political corruption to education to criminal and social justice. We strive to hold powerful people accountable and explain how their actions affect New Jerseyans from Montague to Cape May.

New Jersey Monitor, PO Box 6843, Lawrenceville, NJ 08648

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Kansas

Kansas Republican votes no on trans ban

Representative Concannon, a Republican Representative, voted to sustain a veto of a gender affirming care ban in Kansas

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Representative Susan Concannon meeting with constituents. (Photo Credit: Office of Rep. Susan Concannon/Facebook)

By Erin Reed | TOPEKA, Kan. – On Monday, the Kansas Legislature met to vote on Senate Bill 233, a bill that would ban gender-affirming care for transgender youth and impose strict restrictions on social transitions in any publicly funded buildings, including schools.

The Legislature had previously passed the bill, but it was vetoed by Governor Laura Kelly. Republicans, who had enough votes to override the veto, were expected to do so and ban gender-affirming care for transgender youth.

However, at the last moment, two Republicans, Representatives Susan Concannon and Jesse Borjon, unexpectedly broke ranks and voted to sustain the veto, preventing the bill from being signed into law.

Representative Concannon, who had previously voted in favor of the bill, reversed her decision and stepped forward to explain why, stating, “We hear of bullying and ask authorities to make it stop. We hear about mental health, about suicide, and ask why. We’re not listening to the impacted youth. Government involvement is not the answer. I voted for this bill in the past due to concerns about the surgery. With further consideration, this bill is vague beyond the surgery. These decisions belong between the team of professionals and the parents. The youth need our help, not government overreach. For all those who reached out, I hear you, and vote to sustain the governor’s veto.”

See her speech and the failure of the bill’s passage here:

Kansas has been a lightning rod for anti-trans legislation in recent years, and the defeat of a gender-affirming care ban in the state is likely to be seen as a big surprise among those following anti-LGBTQ+ legislation nationwide.

Previously, Kansas Republicans had passed a bill banning transgender individuals from bathrooms and ending legal recognition of their gender identities. This led Kansas Attorney General Kris Kobach to force transgender people to have their driver’s licenses and birth certificates reversed.

That law placed Kansas among the states with some of the harshest laws toward transgender people in the United States, leading some to view the passage of a gender-affirming care ban for youth as a foregone conclusion.

However, recent months have cast doubt on the willingness of Republicans nationwide to continue targeting transgender people using the legislative process, at least prior to the upcoming election, where such positions may be seen as ideologically extreme.

Several other states that have led the charge in legislation targeting transgender and LGBTQ+ people failed to pass any significant anti-trans or anti-LGBTQ+ legislation this year, including Florida, West Virginia, Georgia, and Iowa.

In a recent interview with Casey Parks of The Washington Post, Sarah Parshall Perry of the Heritage Foundation stated, “We’re finding this to be sort of a lightning rod issue…I think there is some legislative will to try to back off a little bit and possibly pump the brakes on what had been previously a more aggressive approach.”

Sensing such shifts, there has also been more effort in lobbying centrist and conservative legislators while appealing to values that resonate with conservatives, such as control of one’s health care, privacy rights, and personal liberty. One such group is GRACE For America, an organization that describes itself as focusing on “the movable middle” and “the middle right” in outreach and education.

recent video from the group, for instance, features a combat veteran who speaks about his advocacy for his own transgender child. When asked about the Kansas vote, a member of the organization stated, “We fully support these brave Republican legislators in Kansas for exemplifying the values of liberty, respect, and dignity—not just for transgender people but for parents and families who understand that decisions on health care belong with them and not government officials. Their actions demonstrate that transgender rights can be bipartisan, and we are grateful to see more Republicans adopting this approach and call on others to learn from these examples.”

One of the major groups in Kansas doing such outreach has been Equality Kansas, which was part of a coalition of statewide organizations lobbying the legislature to sustain the veto. These organizations include the ACLU of Kansas, Kansas Interfaith Action, Loud Light Civic Action, Mainstream, Planned Parenthood Great Plains Votes, Trust Women Foundation, and Transformations.

Collectively, they led thousands of phone calls and emails to legislators in the state. Equality Kansas responded to the defeat, stating, “We are relieved that the House Republicans took time to listen to trans folks and take a step back to look at what is going on—that SB 233 and bills like it are founded in hate, not in fact. We need and will continue to work to engage Kansas community members and educate legislators.”

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Had the bill passed, it would have been one of the most extreme bills targeting transgender youth in the United States. It not only would have banned surgery for trans teens, an exceedingly rare occurrence, but also hormone therapy and puberty blockers. Moreover, it would have barred state employees from “promoting social transition.” Social transition usually includes simple things such as pronouns, names, hairstyles, and clothing.

Many opposed to the bill interpreted it as potentially having far-reaching consequences for any teens who wished to go by different pronouns or names in schools, and could potentially have forbidden state employees from recognizing such transitions or expressions of gender identity.

Now with Republican defections, this bill will not become law in Kansas, giving Kansans who live under some of the harshest anti-trans laws in the United States some reprieve when it comes to their medical care.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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Colorado

Colorado constitution’s same-sex marriage ban may be on ballot

Colorado’s constitution states, “Only a union of one man and one woman shall be valid or recognized as a marriage in this state”

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The First Gentleman of the State of Colorado Marlon Reis and spouse, Colorado Governor Jared Polis. (Photo Courtesy of Out Boulder County)

By Sara Wilson | DENVER, Colo. – Colorado voters could be asked to amend the state constitution this fall to remove language against same-sex marriages.

Even though civil unions for same-sex marriage became legal in the state in 2013 — and same-sex marriages became legal nationwide in 2015 with a U.S. Supreme Court ruling — the Colorado constitution retains language that states, “Only a union of one man and one woman shall be valid or recognized as a marriage in this state.”

Voters narrowly approved that language in 2006 through a ballot initiative, but the Legislature is now considering sending a measure to voters to get rid of the sentence.

“As representatives of the people of Colorado, it is our shared responsibility to uphold the principles of equality and justice for all citizens, regardless of political affiliations,” said state Sen. Joann Ginal, a Fort Collins Democrat. “While we’re protected today, our state constitution still reflects outdated language and values.”

Ginal is running the resolution that would put the amendment on November’s ballot. The Senate gave preliminary approval to it on Friday, but still needs to sign off with a recorded vote before it moves to the House.

Constitutional amendments need a supermajority vote in the Legislature, so at least one Republican senator will need to vote yes for it to advance. House Democrats have the votes to pass it without Republican support. If it is put on the ballot, it will need 55% voter approval.

The marriage line in the state constitution is inoperative and unenforceable since the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges, but some supporters of same-sex marriage have been concerned about the decision’s longevity after the court’s conservative majority overturned the federal right to an abortion two years ago.

In a concurring opinion in that case, Justice Clarence Thomas — one of the most conservative voices on the bench — wrote that the reasoning the court applied in the Dobbs decision could extend to other rulings that codify rights to contraception access, same-sex relationships and same-sex marriage.

“Our LGBTQ community is very afraid, living in fear that rights will be taken away,” Sen. Sonya Jaquez Lewis, a Longmont Democrat, said.

Sen. Bob Gardner, a Colorado Springs Republican, said on the Senate floor that even if the Obergefell decision is overturned, same-sex marriages in Colorado would still be protected by state law. Changing the constitution would not have a true impact except for the removal of language many people find offensive.

“I think the law is settled. I think, in some ways, the culture of our country is settled on this matter,” he said.

The legislative session ends on May 8.

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Sara Wilson

Sara Wilson covers state government, Colorado’s congressional delegation, energy and other stories for Newsline. She formerly was a reporter for The Pueblo Chieftain, where she covered politics and government in southern Colorado.

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The preceding article was previously published by the Colorado Newsline and is republished with permission.

Colorado Newsline provides fair and accurate reporting on politics, policy and other stories of interest to Coloradans. Newsline is based in Denver, and coverage of activities at the Capitol are central to its mission, but its reporters are devoted to providing reliable information about topics that concern readers in all parts of the state, from Lamar to Dinosaur, from Durango to Sterling.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Federal Government

New World Bank US executive director: LGBTQ+ rights are human rights

Felice Gorordo assumed role last year

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Acting U.S. World Bank Executive Director L. Felice Gorordo. (Photo courtesy of the World Bank)

WASHINGTON — Acting U.S. World Bank Executive Director L. Felice Gorordo recently told the Washington Blade that he is committed to the advancement of LGBTQ+ and intersex rights within the multilateral organization.

“LGBTQI+ rights are human rights and human rights are LGBTQI+ rights. Period. Hard stop,” he said during an exclusive interview at his D.C. office on March 27. “I see it, personally, from a human rights promotion lens.”

Gorordo, a Cuban American who was born in Miami, graduated from Georgetown University in 2005.

He co-founded Roots of Hope, an organization that seeks to empower young Cubans on the island through entrepreneurship and increased access to technology. 

Gorordo served in various roles in both the Obama and George W. Bush administrations, and served as advisor to then-Vice President Joe Biden’s cancer initiative after his mother died from pancreatic cancer.

He has also been the CEO of three-venture backed technology companies, an investor and advisor at two venture capital funds with focuses on global healthcare and infrastructure, and has sat on the boards of several for- and non-profit organizations. Gorordo was most recently the CEO of eMerge Americas and executive director of the Technology Foundation of the Americas before the U.S. Senate confirmed him in May 2023.

He has been the World Bank’s acting U.S. executive director since Adriana Kugler joined the Federal Reserve Board last September.

Gorordo, 41, throughout the interview referenced the Biden-Harris administration’s 2021 memo that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of U.S. foreign policy.

“It starts off with us at the bank trying to build demand for the issues related to LGBTQI+ rights and people,” he said. “It’s about protecting LGBTQI+ rights in and outside of World Bank operations and projects and supporting LGBTQI+ people and rights inside and outside of our projects through inclusion. It’s using our voice and vote at every chance that we get to advance LGBTQI+ people.”

Gorordo pointed out his office reviews roughly 700 projects a year for the World Bank, and they have an average of $90-$100 billion in financial commitments. He said there is a “pretty extensive review process for due diligence” with criteria that include environmental and social frameworks and bank safeguards (that currently do not explicitly include sexual orientation or gender identity.)

“We take a critical lens at each one that it lives up to the values that we want to promote, and that includes looking at it through the lens of LGBTQI+ rights,” said Gorordo.

One LGBTQ-inclusive project is the World Bank International Finance Corporation’s $275 million loan to Banco Davivienda in Colombia, which provides funding for advisory services to LGBTQ+ and intersex people and for the design of LGBTQ+ and intersex banking products. The board in 2023 greenlighted $200 million for the Program for Universal Primary Healthcare Coverage and Resilience which, among other things, seeks to improve the quality of healthcare that LGBTQ+ and intersex people receive in Chile.

The World Bank’s EQOSOGI Project has already collected LGBTQ+- and intersex-specific data on legal gaps as well as practices that impact LGBTQ+ and intersex people in 16 countries, and it plans to expand its work to other nations in 2024. The World Bank is also expanding its research on the economic costs of discrimination based on sexual orientation and gender identity. 

The first studies focused on Serbia and North Macedonia, and found both countries’ annual gross domestic product would increase by .6 percent if LGBTQ+ and intersex people faced less discrimination in the workplace. A study that will focus on Brazil will be released later this year.

“There’s always more we can do,” Gorordo told the Blade. “What we believe we need to do, again, using our convening power and our voice and our vote is to help build because in the end we are still a demand-driven organization.” 

“We need to use our research and the data, in my opinion, our opinion, to help generate the demand for LGBTQI rights to be enshrined in our safeguards, in our strategies and in every single one of our products and the data speaks for itself,” he added.

Gorordo also noted the bank in the coming months will release a new gender strategy that recognizes gender as nonbinary.

“That’s a big step,” he said.

Gorordo described World Bank President Ajay Banga as “a champion of the rights of all, including LGBTQI+ people.” Gorordo, however, acknowledged there has been “some pushback from certain constituencies that have different views and opinions than ours” on the new gender strategy and support for LGBTQ+ and intersex rights.

“I see it as my responsibility to not just advocate for it in the board room or with management, but also using my office and chair to meet with other chairs bilaterally, to make the case for it, to try and bring folks along with us,” he added.

Uganda’s Anti-Homosexuality Act ‘needs to be struck down and repealed’

The World Bank last August suspended new loans to Uganda in response to the country’s Anti-Homosexuality Act that President Yoweri Museveni signed.

Uganda’s Constitutional Court earlier this month refused to nullify the law. A group of Ugandan LGBTQ+ activists have appealed the ruling.

“The law needs to be struck down and repealed. Hard stop,” said Gorordo. “We continue to advocate for that.”

Then-World Bank President Jim Yong Kim in 2014 postponed a $90 million loan to the Ugandan government in response to Museveni’s decision to sign a nearly identical version of the Anti-Homosexuality Act, known as the “Kill the Gays” law that imposed a life sentence upon anyone found guilty of repeated same-sex sexual acts. 

Uganda’s Constitutional Court later struck down the law on a technicality, but Kim’s decision to postpone the loan without first consulting the World Bank’s board sparked widespread criticism among board members. Advocacy groups had asked the World Bank not to fund future projects in Uganda, but they did not ask for the cancellation of existing loans.

The World Bank earlier this year organized a seminar with the Human Rights Promotion Forum of Uganda that upwards of 50 people attended virtually and in person.

“One of the things that I think is incredibly critical is hearing directly from those we seek to serve and who are being impacted by these discriminatory laws,” said Gorordo.

Gorordo said the World Bank in lieu of the law’s repeal has “been doing a review of mitigation efforts” that includes “a three-month trial period once there is an agreement of what those mitigation efforts would be, to see if they are fit for purpose.” 

“At the crux of it includes the protection as well as the equal access of benefits for LGBTQ communities in Uganda. If it is not fit for purpose, then we have to go back to the drawing board., So we will continue to push for the strictest mitigation measures that can be put into place, a very critical review through that process … and ensuring that we are able to guarantee equal access and protection for the LGBTQ community.”

Ghanaian President Nana Akufo-Addo has delayed a decision on whether he will sign a bill that would further criminalize LGBTQ+ people in his country. Lawmakers in Kenya and Tanzania have proposed similar measures.

“One of the reasons why we’ve taken such a critical view of the Uganda case is this is potentially one of many of these types of cases that we’ll have to deal with,” said Gorordo. “What we do in Uganda could have a ripple effect in other countries and we need to ensure that we are setting the right precedents for how we react in these cases.”

Gorordo further noted consensual same-sex sexual relations remain criminalized in upwards of 60 countries around the world.

“The discrimination that’s against LGBTQI+ people is unacceptable across the board,” he said. “We will use all the tools in the U.S. government’s toolbox to be able to make it known our objection and to try and stop discrimination and protect the rights of LGBTQ+ people every chance we get.”

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Kansas

Kansas Senate overrides governor’s veto on anti-trans care bill

Sen. Mark Steffen said the predators in today’s society are “woke” health care providers who are preying on “confused” children

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Sen. Mary Ware, seen during an April 6, 2023, hearing, says Senate Bill 233 tramples on the rights of transgender Kansans. (Sherman Smith/Kansas Reflector)

By Sherman Smith & Rachel Mipro | TOPEKA, Kan. — As the Kansas Legislature renewed its yearslong assault on transgender children, Sen. Mary Ware told her Senate colleagues Monday she had a “simple” question for them.

“What is the acceptable number of youth suicides?” Ware asked.

The Senate voted 27-13 to override Gov. Laura Kelly’s veto of Senate Bill 233, which bans gender-affirming care, including hormone therapy and other treatments recognized as necessary by medical professionals, for anyone younger than 18. The bill also bans state employees from supporting “social transitioning,” which is defined to include an individual changing their preferred pronouns or manner of dress.

The bill still requires a vote in the House, where 84 of the 125 members are needed to override the governor’s veto. The House passed the bill 82-39 on March 27 with two Republicans and two Democrats absent.

“We need to find one more Republican with a spine,” said Rep. Tobias Schlingensiepen, D-Topeka.

Two Republicans — Sen. John Doll of Garden City and Sen. Carolyn McGinn of Sedgwick — joined the chamber’s 11 Democrats in opposing the legislation.

The Suicide and Crisis Lifeline is a hotline for individuals in crisis or for those looking to help someone else. To speak with a certified listener, call 988.

Crisis Text Line is a texting service for emotional crisis support. To speak with a trained listener, text HELLO to 741741. It is free, available 24/7, and confidential.

Ware and other Democrats pointed to extensive medical research that shows transgender children, who are already at an elevated risk for suicide, are more likely to die from suicide if they don’t receive gender-affirming care.

“This bill ignores, or should I say tramples, on the rights of some Kansas citizens to live peaceably, lawfully and free to make their own decisions about their own bodies,” Ware said.

Republicans argued the bill would protect children from life-altering decisions they could end up regretting.

Sen. Beverly Gossage, R-Eudora, said she receives “beautiful cards” and emails from parents who thank her for pursuing the legislation.

“We all sympathize to those who are suffering from gender dysphoria,” Gossage said.

Sen. Mark Steffen, R-Hutchinson, said the predators in today’s society are “woke” health care providers who are preying on “confused” children and parents.

“No more than we would ever tell somebody with anorexia that they’re fat would we tell a boy that they’re a girl or girl that they’re a boy,” Steffen said.

Under the law, medical professionals would lose their license if they provide gender-affirming care, and parents would be allowed to sue them for punitive damages up until the child turns 28 years old.

In a teary speech, Senate Minority Leader Dinah Sykes, D-Lenexa, said she has heard from hundreds of Kansans who see hormone treatment as a life raft — and are concerned the Legislature is about to rip that away.

Research consistently shows that supportive environments, including access to gender-affirming care, reduces the mental health risk for kids, Sykes said, while denying that care amplifies feelings of isolation, shame and hopelessness.

“So for our transgender community, I will say there are some, who, we are in your camp,” Sykes said. “We may not understand all the complexities that you go through, but you have a place in this state. And we accept you and we cherish you. And regardless of where this vote goes, there is someone who is here, who cares.”

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Sherman Smith

Sherman Smith is the editor in chief of Kansas Reflector. He writes about things that powerful people don’t want you to know. A two-time Kansas Press Association journalist of the year, his award-winning reporting includes stories about education, technology, foster care, voting, COVID-19, sex abuse, and access to reproductive health care. Before founding Kansas Reflector in 2020, he spent 16 years at the Topeka Capital-Journal. He graduated from Emporia State University in 2004, back when the school still valued English and journalism. He was raised in the country at the end of a dead end road in Lyon County.

Rachel Mipro

A graduate of Louisiana State University, Rachel Mipro has covered state government in Baton Rouge and New Orleans. She and her fellow team of journalists were 2022 Goldsmith Prize Semi-Finalists for their work featuring the rise of the KKK in northern Louisiana, following racially-motivated shootings in 1960. With her move to the Midwest, Rachel is now turning her focus toward issues within Kansas public policies.

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The preceding article was previously published by the Kansas Reflector and is republished with permission.

Kansas Reflector is a nonprofit news operation providing in-depth reporting, diverse opinions and daily coverage of state government and politics. This public service is free to readers and other news outlets.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Oklahoma

Mother of 3 arrested at Oklahoma State Board of Ed meeting

The mother of 3 refused to leave while advocating for better ADA compliance and calling out Ryan Walters for bullying LGBTQ kids

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Oklahoma Highway Patrol troopers arrest Audra Beasley during an Oklahoma State Board of Education meeting on Thursday. Beasley was arrested on complaints of willfully disturbing state business and refusing to leave after causing a disturbance. (Photo by Nuria Martinez-Keel/Oklahoma Voice)

By Nuria Martinez-Keel | OKLAHOMA CITY, Okla. – A mother was arrested at an Oklahoma State Board of Education meeting Thursday after refusing to leave the room while complaining of poor access in the building for people with disabilities.

Oklahoma Highway Patrol troopers escorted Audra Beasley, 45, of Oklahoma City, out of the meeting room in handcuffs at the Oklahoma State Department of Education headquarters. 

Her three children were present. One of them, who uses a wheelchair, burst into tears.

Troopers repeatedly asked Beasley to leave after her three minutes of public comment ended. Instead, she continued berating state Superintendent Ryan Walters for his policies affecting transgender students and for not having changing tables added to public restrooms at the state agency.

“You all are arresting me in front of my children because this man right here is a bigot and a bully, picking on trans kids, picking on disabled kids, picking on my kids,” Beasley said as troopers took her into custody.

She was arrested on misdemeanor complaints of willfully disrupting state business and refusing to leave after causing a disturbance. She was booked into the Oklahoma County jail on a $500 bond. It’s unclear if she has an attorney.

State Superintendent Ryan Walters speaks at an Oklahoma State Board of Education meeting on Thursday in Oklahoma City. (Photo by Nuria Martinez-Keel/Oklahoma Voice)

Walters declined to comment on the arrest.

This wasn’t Beasley’s first appearance at a state Board of Education meeting to call for better compliance with the Americans with Disabilities Act.

Beasley, a former candidate for the Oklahoma City Council, is an advocate for adding adult-sized changing tables in all restrooms in state facilities. Neither public restroom in the state Education Department lobby contain changing tables of any size.

This month, she brought her own folding table and tossed it in front of the board. Without a changing station, she has said she would have to use the floor while attending to her son’s hygiene needs.

“You have intentionally denied my child access to the restroom in this building,” she told the board members.

Freedom Oklahoma executive director Nicole McAfee spoke in public comment after the arrest.

“It feels really awful to have just watched a parent, who only wants access for her kids in these spaces, to be arrested and taken out in front of her children,” McAfee said.

Beasley’s three children left the building with the parent of a friend after the meeting ended.

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Nuria Martinez-Keel

Nuria Martinez-Keel covers education for Oklahoma Voice. She worked in newspapers for six years, more than four of which she spent at The Oklahoman covering education and courts. Nuria is an Oklahoma State University graduate.

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The preceding article was previously published by the Oklahoma Voice and is republished with permission.

Oklahoma Voice provides independent, nonpartisan reporting that holds officials accountable and elevates the voices of those too often sidelined by the political process.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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U.S. Federal Courts

4th U.S. Circuit Court: Gender identity is a protected characteristic

The court ruled that gender identity is a protected characteristic & Medicaid bans on treatments for gender dysphoria are unconstitutional

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Lewis F. Powell Jr. Courthouse, United States Court of Appeals for the Fourth Circuit, Richmond, Virginia (Photo Credit: U.S. Courts/GSA)

By Erin Reed | RICHMOND, Va. – The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on transgender care are unconstitutional.

Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent transgender people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.

In issuing the final ruling, the 4th Circuit Court of Appeals declared that transgender exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the U.S. Constitution, upholding lower court rulings that barred the discriminatory exclusions.

The 4th U.S. Circuit Court of Appeals ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, transgender state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.

In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.

Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.

Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.

See this portion of the court analysis here:

4th Circuit rules against legal argument that transgender treatment bans do not discriminate against transgender people because “they apply to everyone”

Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual Supreme Court decision on discriminatory policies targeting transgender people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.

Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on transgender status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.

The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.

Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.

The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:

The 4th Circuit Majority rebuts the State’s proxy discrimination argument.

Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ+ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”

Ultimately, the court ruled that the exclusions on transgender care violate the Equal Protection Clause of the U.S. Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.

Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end transgender care exclusions in line with earlier district court decisions.

The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for transgender rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of transgender people. Twenty-one Republican states filed an amicus brief in favor of denying transgender people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of transgender individuals.

Many Republican states are defending anti-trans laws that discriminate against transgender people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for transgender youth in place, and South Carolina may consider a similar bill this week.

The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.

The decision is the latest in a web of legal battles concerning transgender people. Earlier this month, the 4th U.S. Circuit Court of Appeals also reversed a sports ban in West Virginia, ruling that Title IX protects transgender student athletes. However, the U.S. Supreme Court recently narrowed a victory for transgender healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.

Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.

Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful…We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.” 

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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