National
National news in brief
Trans Houston attorney becomes judge, N.J. adopts anti-bullying bill and more
Transgender Houston attorney becomes judge
HOUSTON — Thirty years ago, Phyllis Frye, a longtime LGBT activist, could have been arrested for wearing women’s clothing in the Houston City Council chamber. The Associated Press reported that Frye, a transgender Houston attorney born as Phillip Frye, fought back tears last week as the mayor appointed her to a municipal bench in the same room where she helped repeal Houston’s “cross-dressing ordinance” in 1980.
The 63-year-old will hear traffic ticket cases and other low-level misdemeanor trials, according to the AP report. Municipal judges are not elected. Frye said she would be the first transgender judge in Texas.
She knows of at least two transgender judges in other parts of the country. Frye applied for the position several months ago and was vetted before being appointed by Mayor Annise Parker, a lesbian, on Wednesday with seven other new associate judges.
“I don’t want to underplay this, because I understand it is very significant,” the AP quoted Frye as saying. “But I don’t want to overplay it either. I don’t want people to think I am anything other than an associate municipal court judge.” There was some quibbling over the appointment from the Houston Area Pastor Council, the AP reported. One local minister said she represented an “anti-family lifestyle.”
Fort Worth drops charges in gay bar fracas
FORT WORTH, Texas — More than a year after a controversial bar inspection at the Rainbow Lounge in Forth Worth, Texas, sent protesters to the streets and vaulted the city into the national spotlight, city officials have dropped charges against four bar patrons, the Fort Worth Star-Telegram reported.
The dismissals came two-and-a-half weeks before Chad Gibson, who suffered a head injury in the June 28, 2009, incident, and George Armstrong had been set to go on trial on public intoxication charges. They had both pleaded not guilty, and Gibson had also pleaded not guilty to assaulting an agent with the Texas Alcoholic Beverage Commission, the paper said.
In a statement released last week, city spokesman Jason Lamers confirmed that the misdemeanor charges against Gibson and Armstrong had been dropped. Public intoxication cases against Dylan Brown, 24, and Jose Macias, 32, were also dropped. Within hours of the fracas at the Rainbow Lounge, local and national protests erupted as patrons accused the officers of using excessive force and questioned whether the bar was targeted because of its mostly gay clientele. Investigations by Fort Worth police and the alcohol commission concluded that no excessive force was used. The commission, however, fired two agents who participated and their supervisor, citing policy violations, the Star-Telegram reported.
La. hospitals announce new visitation rules
NEW ORLEANS — The New Orleans state Department of Health and Human Services announced regulations last week that will require hospitals that receive Medicare or Medicaid financing to drop any visitation policies that discriminate against gays, lesbians and trans people, the New Orleans Times-Picayune reported.
The new rule, which will take effect in January, requires that hospitals have a written policy that must be explained to all patients and allows patients to determine who may visit them, regardless of legal relationships. Hospitals may limit visitation only if there is a clinical reason to do so, according to the rule, which will be added to the conditions for participating in the Medicaid and Medicare programs, the Times-Picayune said.
The rule will trump previous practices in many American hospitals that restricted visitors for some patients — particularly in emergency rooms and intensive care units — to spouses and immediate family, a limitation that often cut off gay and lesbian patients from their partners. The final version, which follows a draft released in June, will go into effect Jan. 16, 60 days after Wednesday’s publication in the federal register and eight months after President Barack Obama first raised the issue in a directive to Health and Human Services Secretary Kathleen Sebelius.
N.J. approves sweeping anti-bullying bill
TRENTON, N.J. — The state legislature voted by overwhelming majorities this week to approve a sweeping anti-bullying bill that could become a model for similar measures across the country, according to media reports and statements from Garden State Equality.
“As someone brutally bullied in my own youth, I can’t even begin to describe how the passage of this bill is a moment of deeply poignant, personal healing for me and thousands of others who have been bullied,” said Steven Goldstein, chair of Garden State Equality. “The best revenge is to make the world a kinder place. This legislation will make our state a kinder, safer place for students for generations to come.”
The Anti-Bullying Bill of Rights applies to schools from kindergarten through 12th grade, strengthens an existing cyber bullying law, applies to bullying off school grounds that carries into schools, and has a section that applies to the state’s public universities, according to Garden State Equality.
It is the first such bill to set deadlines for incidents of bullying to be reported, investigated and resolved. Teachers and other school personnel will have to report incidents of bullying to principals on the same day as a bullying incident. An investigation of the bullying must begin within one school day. A school will have to complete its investigation of bullying within 10 school days, after which there must be a resolution of the situation, the statewide LGBT rights group announced.
The bill passed the Senate 30-0 and the Assembly 72-1.
Philly’s settlement with Scouts draws ire of gay leaders
PHILADELPHIA — Prominent gay leaders in Philadelphia are voicing criticism of a proposed legal settlement between the city and the regional Boy Scouts organization, and a key City Councilman is balking at the deal, the Philadelphia Gay News reported.
The proposal calls for the Boy Scouts group to pay the city $500,000 to buy its 13,000-square-foot headquarters in Logan Square, the focus of a civil-rights dispute that began over the Scouts’ national ban on gay members. The price tag is less than half the appraised value of the building. But the settlement would end an expensive legal fight and the risk that city taxpayers would eventually have to pay the Scouts’ legal bills, now approaching $1 million.
Gay rights advocates say the city’s lawyers are putting financial concerns ahead of principle, appearing to subsidize the Scouts’ discrimination, Philadelphia Gay News reported. City Solicitor Shelley Smith and the Scouts’ attorney, Sandra Girifalco, had issued a joint statement last week describing their agreement as a “win-win situation” for both their clients, predicting that a necessary ordinance would be introduced the next day in City Council. But Councilman Darrell Clarke, whose district includes the property, said he wasn’t ready to introduce anything. The settlement statement had been “premature,” he said, because there hadn’t been enough communication with neighborhood residents or the gay community.
The dispute began with a 5-4 U.S. Supreme Court decision in 2000 that upheld the legality of the national organization’s ban on gay Scouts and troop leaders. That put the Scouts organization in conflict with the city charter’s ban on discrimination rooted in sexual orientation.
Former GLAAD official to head S.F. AIDS Foundation
SAN FRANCISCO — The San Francisco AIDS Foundation has appointed Neil Giuliano as its new chief executive. He’ll start Dec. 13.
Giuliano was previously head of the Gay & Lesbian Alliance Against Defamation (GLAAD) and produced its annual awards programs. He was also the mayor of Tempe, Ariz., for 10 years beginning in 1994. He plans to publish a memoir next year. The Foundation works to end HIV.
California
LGBTQ community calls out Radio Korea over host’s homophobic comments
Station acknowledged controversy, but skirted accountability
On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.
Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.
In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”
Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.
Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation.
“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”
For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An.
On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue.
Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.”
Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics.
“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”
Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.”
At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said.
For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”
Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement.
U.S. Military/Pentagon
Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion
Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion
The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.
In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.
“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.
Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.
A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.
Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.
Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.
Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.
“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”
The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”
The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.
President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.
Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.
“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”
NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”
The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.
The White House
Trans workers take White House to court over bathroom policy
Federal lawsuit filed Thursday
Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.
The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”
The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.
Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.
The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.
“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.
Withrow detailed the daily impact of the policy in her statement included in the lawsuit.
“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.
The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.
“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”
In addition to withholding food and water, the policy subjects her to ongoing stress and fear:
“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”
“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”
Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.
The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.
“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.
Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.
“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”
“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”
“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”
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