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White House rejects gay judicial nominee

Supporters urged Schumer to fight for attorney accused of anti-Christian remarks

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The White House has rejected the recommended nomination of a New York attorney who would have become the first openly gay man to sit on the federal bench, because of comments he reportedly made about the Pledge of Allegiance and Christmas that were deemed anti-Christian.

In February, U.S. Sen. Chuck Schumer (D-N.Y.) recommended the nomination of Daniel Alter to serve as a judge for the U.S. District Court for the Southern District of New York. Presidents traditionally follow the guidance of senators from the state where there’s a vacancy for judicial nominations.

But informed sources told the Washington Blade that the White House rejected Alter’s nomination because of remarks he reportedly made regarding a case challenging inclusion of the phrase “under God” in the Pledge of Allegiance. In addition, the White House reportedly objected to remarks that Alter made suggesting that merchants not wish shoppers “Merry Christmas” during the holidays.

In a 2005 article published by Cybercast News Service, Alter is quoted as saying that a general holiday greeting is more appropriate and inclusive for retailers as opposed to saying “Merry Christmas.”

“It seems both from a business … and a community perspective, that if merchandisers were going to do that … they would try to wish those in the community who may not share in celebrating Christmas a happy holiday as well,” Alter is quoted as saying.

“Our diversity has made us great and will continue to make us great and [‘Merry Christmas’] undermines both the holiday spirit as well as the message I think Americans should be sending to each other,” Alter reportedly continued.

The 2005 quotes were apparently reprinted in a 2008 CNS article that is stored in the archives on the organization’s website.

Additionally, in a 2004 article published in The New Republic, Alter is quoted as saying the U.S. Supreme Court case Elk Grove United School District v. Newdow “was a good case at the wrong time.” The case challenged use of the “under God” phrase in the Pledge of Allegiance in public schools.

The article reported Alter was “relieved” the Supreme Court decision “left open a window for future challenges.” The Anti-Defamation League had filed a friend-of-the-court brief in support of the Newdow case.

“When the right case does come along,” Alter reportedly said, “We’re there.”

Alter was previously an assistant U.S. attorney for the Southern District of New York and specialized in First Amendment and terrorism issues. He also served as national director of the civil rights division of the Anti-Defamation League, an organization that works to fight anti-Semitism.

The comments he reportedly made came in his capacity as an official with the Anti-Defamation League. The White House decision to reject Alter disappointed his supporters, who rallied around him and urged Schumer to advance his nomination anyway.

Schumer announced his recommended nomination of Alter during a Human Rights Campaign dinner in New York City and emphasized that his selection would make him the first openly gay male judge on the federal bench.

In a February statement, Schumer said he recommended Alter because he’s “a brilliant attorney who possesses the knowledge, balanced views and temperament required of a federal judge.”

“His outstanding leadership skills, his commitment to justice, and his extensive experience make him an exceptional choice for a position on the federal bench,” Schumer said. “I’m proud to nominate Daniel Alter. Period. But I am equally proud to nominate him because he is a history-maker who will be the first openly gay male judge in American history.”

But based on those reported statements, the White House and Schumer determined that Alter wouldn’t be able to reach the 60-vote threshold needed in the Senate to overcome a filibuster of his nomination. It’s unclear when the decision to reject Alter was made.

Schumer’s office didn’t respond to multiple requests for comment. A White House spokesperson declined to comment. Alter also declined to comment for this story.

Deborah Lauter, director of civil rights for the Anti-Defamation League, said the apparent decision to reject Alter’s nomination based on reported comments he made on behalf of the organization is “just plain unfair and unjust.”

“Any statements he made in the course of his job with ADL were just that — he was representing the views of our organization,” she said. “It’s dismaying if in fact that led to the derailing of his nomination.”

Lauter said Alter doesn’t recall speaking to The New Republic for the 2004 article and that Alter was misquoted in the 2005 CNS article.

“It was an inaccurate report and ADL should have insisted the record be corrected at the time,” Lauter said.

Lauter clarified that the Anti-Defamation League has never objected to retailers wishing customers “Merry Christmas.”

“But the bottom line is even if he made the comment, which he didn’t, it shouldn’t have disqualified him from service as a judge,” she said.

The decision to refuse the Alter nomination likely came sometime before July, when his supporters urged Schumer to go to bat for his recommended nominee.

In a letter dated July 2, 2010, a group of 66 attorneys who worked with Alter at the U.S. Attorney’s Office for the Southern District of New York wrote that the designation of Alter to the federal bench is “a nomination worth fighting for.”

“We urge you to take all possible steps to ensure that Mr. Alter is nominated to the federal bench and promptly considered by the Senate Judiciary Committee,” the letter states.

Among those who signed the letter is James Comey, who served as deputy attorney general during the Republican administration of former President George W. Bush.

The attorneys wrote that Alter’s “nomination to the federal bench is in jeopardy” because of “demonstrably false statements” that reporters made while he was working for the Anti-Defamation League. The missive doesn’t detail why the statements Alter reportedly made to media outlets are “demonstrably false.”

“While we will let others set forth the factual reasons why these allegations are baseless, we write to state emphatically that the sentiments falsely ascribed to Mr. Alter are inconsistent with everything that we know about him,” the letter states. “Mr. Alter has dedicated his life to tolerance, public service, moderation, and fidelity to law. He is unfailingly kind, respectful, and open-minded. In both deed and character, Mr. Alter is the antithesis of the views that have been misattributed to him.”

The signers state that they “cannot imagine a more highly qualified nominee” and that the loss of Alter to the federal judiciary based on “false allegations” would be significant.

“By temperament, he is well-suited to the bench, possessing every quality one seeks in a judge: respect for all views, dedication to the public, tireless pursuit of the best legal argument, and a determination to reach decisions that will command the respect of all parties,” the letter states.

Lauter said the Anti-Defamation League sent its own letter to Schumer in July urging the senator to push for Alter’s nomination, but she declined to make the letter public.

“It was a private letter to the senator just clarifying the record and expressing support — enthusiastically and without reservation — for Danny Alter’s nomination,” she said.

Also lamenting the derailment of Alter’s nomination is Richard Socarides, a gay New York attorney who served as an adviser to President Clinton.

Socarides told the Blade the White House’s rejection of Alter’s nomination was evidence of a broken system.

“I don’t know Daniel Alter personally,” Socarides said. “I’m told he is highly qualified. We need more people like him in the federal judiciary. I don’t know why his nomination got derailed, but certainly a system in which someone like Alter can’t get confirmed is badly broken.”

HRC heralded Schumer’s announcement of his recommended nomination of Alter in February, but the organization is mum on his rejection.

At the time of the announcement, Joe Solmonese, HRC’s president, said in a statement that Alter “is eminently qualified for a position on the federal bench.”

“America is taking a step forward toward equality by evaluating an individual based on his accomplishments and without regard to his sexual orientation,” Solmonese said. “We commend Senator Schumer for his historic recommendation, and look forward to the President’s nomination.”

Fred Sainz, HRC’s vice president of communications, this week declined to comment on the White House rejection of Alter.

Schumer has since recommended the nomination of another openly gay man, J. Paul Oetken, to become a district judge for the U.S. District Court for the Southern District of New York.

The New York senator made the announcement in a Sept. 23 statement that said Oetken has “the right combination of skills, experience and dedication to [be] an excellent judge on the court.”

Oetken served as an attorney in private practice and was an associate counsel for former President Bill Clinton, according to the Schumer statement.

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Federal Government

Todd Blanche’s record on LGBTQ issues comes under scrutiny as he takes over DOJ

Blanche was confirmed by the Republican controlled Senate 50-49.

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Attorney General Todd Blanche (Photo public domain)

Todd Blanche, President Trump’s former personal lawyer, was sworn in as attorney general of the United States on Monday.

Blanche secured the position as the country’s 88th chief law enforcement officer on Sunday night after a contentious Senate confirmation process, ultimately ending with a 50-49 vote in his favor. All Democrats, as well as Republican Sens. Susan Collins and Lisa Murkowski, voted against him.

The confirmation hearing — and subsequent vote — brought questions surrounding Blanche’s credibility and integrity, as well as concerns about Trump’s ethical dilemmas surrounding cronyism, to the forefront.

The attorney general acts as the head of the Department of Justice, responsible for enforcing federal laws, representing the U.S. in court, and advising the president.

Blanche has a long history in Washington, beginning when he attended American University for his undergraduate education, like fellow former Trump attorney Michael Cohen. He began his legal career as an intern in the U.S. Attorney’s Office in Washington, which eventually became a full-time position.

That job eventually led him to work as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003.

Blanche left the public sector in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.

There, Blanche represented several figures associated with President Donald Trump, including former New York City Mayor Rudy Giuliani and Trump’s former campaign manager Paul Manafort.

In 2024, Blanche switched from Democrat to Republican and moved from New York City to Palm Beach, Fla., where he would be closer to Trump’s primary legal residence at Mar-a-Lago.

He then served as Trump’s personal defense attorney in the New York state case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to adult film star Stormy Daniels.

While serving as acting head of the Department of Justice before his official confirmation, Blanche played a central role in overseeing the department and was involved in leadership decisions tied to several controversial actions affecting LGBTQ people.

One of the first issues was transgender rights and gender-affirming care, particularly for minors — an issue the White House and Republican Party have made a key part of their broader cultural agenda and federal policy efforts.

In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population.”

The letter came before NYU Langone ended its gender-affirming care at the behest of the president, forcing the hospital system to stop prescribing puberty blockers and hormones to minors.

The hospital’s change in policy came after the Trump-Vance administration threatened to pull all federal funding if it continued providing the care.

Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”

“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he continued in the letter.

In addition to his anti-transgender positions, Blanche also echoed his predecessor, Pam Bondi, in taking a public stance on limiting LGBTQ-related protections at the federal level.

He aligned with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessons in schools and limited lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.

Blanche called it “another great decision that came down today,” arguing the ruling “restores parents’ rights to decide their child’s education.”

“It took the Supreme Court to set the record straight, and we thank them for that,” he said. “Now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”

In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse and rape under the Prison Rape Elimination Act.

The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.

Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”

Blanche also faced scrutiny over a slew of other issues surrounding his leadership during his tenure as acting AG.

The Justice Connection, a watchdog organization that works to protect current and former civil servants working in the U.S. Department of Justice, called his work so far “devastating.”

The organization said Blanche “harmed the department’s workforce, advanced the politicization of the department, undermined the rule of law, and threatened public safety.”

The group cited several issues, including what it described as Blanche minimizing the violent reality of the January 6 insurrection led by Trump supporters; investigating and attempting to prosecute President Trump’s perceived political enemies; the botched release of the Epstein Files to Congress and the public, including the release of victim and witness details and censorship surrounding the scope of Trump’s relationship with the convicted sex trafficker and pedophile; and the expansion of federal immigration enforcement in Minnesota which lead to the death of two U.S. citizens by federal officials.

Sharon McGowan, senior vice president of Policy & Litigation at the Human Rights Campaign, the largest LGBTQ advocacy group in the country, provided a statement to the Blade about Blanche’s confirmation calling it “chilling.”

“The last thing Todd Blanche deserves is a promotion,” McGowan said via email. “For months, Blanche has used his position as Acting Attorney General to advance President Trump’s personal and financial interests and to weaponize the Justice Department against the President’s enemies, whether they be transgender kids or civil rights organizations trying to help people vote. His notion of justice is warped and dangerous, and LGBTQ+ Americans deserve better.”

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HRC condemns DoE removal of LGBTQ bullying data from federal survey

Organization cites rise in homophobic, transphobic policies, worse mental health outcomes

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Department of Education. (Public domain photo)

The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.

The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.

That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.

Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.

K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.

These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.

The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.

By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.

Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.

The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.

This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.

Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.

He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.

These policies have a real-world impact on trans people.

The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.

Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.

HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.

“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”

HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.

This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.

The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.

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Michigan

Progressives score victory as El-Sayed wins Mich. Senate primary

Democratic newcomer will face Rogers in November

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Democratic Senate candidate Abdul El-Sayed (Screen capture via MS NOW/YouTube)

Michigan held its primary on Tuesday, allowing the two major political parties to select their nominees to go head-to-head for the state’s U.S. Senate seat.

NBC News called the Democratic race early, giving the victory to physician Abdul El-Sayed over incumbent U.S. Rep. Haley Stevens (D-Mich.) in an extremely close primary. El-Sayed won 48.5 percent of the primary vote, with Stevens trailing by just one percentage point at 47.5 percent.

Both candidates have campagined on supporting the LGBTQ community through different avenues— for El-Sayed he focused on his past promoting HIV and PrEP funding and research. Stevens focused on her legislative history working to support transgender rights in the state.

This is a major win for progressive Democrats, who have been bearing the brunt of political attacks from President Donald Trump, the Republican Party, and centrist Democrats.

El-Sayed, a former health director in Detroit, ran his campaign largely on making life in the Great Lakes State more affordable amid rising costs. His policies include promoting “Medicare for All,” pushing health policy that targets the regressive efforts of the Trump-Vance administration that rolls back funding for both Women and LGBTQ people, minimizing the growing amount of money in politics, and he was very vocal in his criticism of Stevens for supporting aid to Israel. He was endorsed by two major progressives — U.S. Sen. Bernie Sanders (I-Vt.) and U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.).

Stevens, the four-term congresswoman, is much closer to establishment Democrats on policy than El-Sayed.

During her time in the federal government, she has consistently supported the Equality Act, which would add sexual orientation and gender identity as protected classes under the Civil Rights Act of 1964. She has also emphasized supporting local manufacturing and lowering housing costs in the state.

She was named to Advocates for Trans Equality’s 118th Congressional Champions list for her pro-trans policies and was endorsed by establishment heavy hitters Michigan Gov. Gretchen Whitmer and Senate Minority Leader Chuck Schumer (D-N.Y.).

The contentious race boiled down not only to Michigan affairs but also extended to international conflicts — namely Palestine. (South Africa has filed a case in the International Court of Justice in The Hague that accuses Israel of committing genocide in the Gaza Strip after Oct. 7.) This primary also acted as one of the first major races that pushed back against AIPAC, a lobbying group that works to promote pro-Israel candidates in U.S. elections. The group has been involved in domestic politics since 1954.

AIPAC devoted a massive amount of money to this race.

The Associated Press reported that the pro-Israel lobbying group spent more than $30 million on ads against El-Sayed because of his vocal denunciation of Israel and his continued criticism of its policies towards Palestine.

Michigan has a large Muslim and Arab American population, which could, in part, explain how El-Sayed was able to win.

The Republican side was far less competitive. Former U.S. Rep. Mike Rogers (R-Mich.) ran unopposed and clinched the GOP nomination. He has consistently held anti-LGBTQ positions, going as far as voting multiple times for a federal constitutional amendment to ban same-sex marriage, voting against repealing the military’s “Don’t Ask, Don’t Tell” policy, and supporting efforts to directly target the attempted expansion of Title IX protections to include trans people.

El-Sayed will face off against Rogers in November for Michigan’s Senate seat — one that could have lasting impacts not only on the state’s politics but also on the Republicans’ narrow Senate majority and Trump’s political agenda.

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