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Super Tuesday could bring more confusion to GOP race

High stakes as 437 delegates up for grabs next week

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The winding road of the Republican presidential primary race continues next week as GOP voters in 10 states weigh in on who should be their standard-bearer heading into November.

A strong showing by any GOP candidate on Super Tuesday — when 437 delegates are up for grabs — could push someone from the race.

If former Massachusetts Gov. Mitt Romney, who regained his position as front-runner after wins in Arizona and Michigan this week, does well in the contests, it could mean the end of the game for one or more of his remaining opponents: former U.S. Sen. Rick Santorum, former U.S. House Speaker Newt Gingrich and Rep. Ron Paul (R-Texas).

The states holding contests on Super Tuesday are: Alaska, Georgia, Idaho, Massachusetts, North Dakota, Ohio, Oklahoma, Tennessee, Vermont and Virginia.

Super Tuesday comes on the heels of another important contest on Saturday: the Washington State caucuses, where 43 delegates are in play. On Tuesday, Wyoming will also begin its caucuses, but that process will continue throughout the week and the results won’t be known until Saturday.

But it appears that Super Tuesday will not be a cakewalk for Romney, after he only eked out a three-point win over Santorum in his home state of Michigan.

Dan Pinello, who’s gay and a government professor at the City University of New York, said he thinks the outcome of the contests will be “muddled” and won’t leave a clear Republican front-runner in their aftermath.

“It’s going to be a mix of wins by various candidates,” Pinello said. “I don’t think the field is going to be any clearer after Tuesday than it is before, quite frankly. I anticipate that all four candidates will also continue regardless of what happens on Tuesday.”

Hastings Wyman, who’s also gay and editor of the Southern Political Report, said Santorum may continue to show strength in several southern states.

“I think he has a good shot in Oklahoma, possibly in Tennessee, possibly in Georgia,” Wyman said. “The only one I would give him a good shot in is probably Oklahoma.”

In Ohio, Santorum could show that his campaign continues to have life. According to a poll published Tuesday by the University of Cincinnati, Santorum leads Romney by 11 percentage points among Republican primary voters.

Wyman said the race in Georgia is important for Gingrich because if he doesn’t win there, which is his home state, it will likely be the end of his campaign.

“It’s very hard to predict what he’ll do, but I think it’ll be very hard from him to stay in if he doesn’t carry Georgia,” Wyman said. “He’s working very hard down there. He’s touring the state, he’s speaking to these mega churches, he’s treating it like Romney was treating Michigan.”

Gingrich seems poised to capture the state. A poll published Monday by Survey USA found him leading there with 39 percent of support among Republican voters. Santorum follows at 24 percent, while Romney comes in at 23 percent.

The contest in Virginia will also be of special interest because it’s awarding a large number of delegates, 46, and because only two candidates will be on the ballot: Romney and Paul.

Wyman said Republicans unhappy with Romney may vote for Paul in an effort to prolong the Republican primary season and prevent Romney from claiming the nomination. Virginia has an open primary, which means Democrats can come to the polls.

“It would not surprise me if a lot of the people who vote for Santorum or Gingrich would get out the vote for Paul just to slow down Romney,” Wyman said.

David Lampo, a gay Republican activist from Alexandria, Va., said he’s voting for Paul in the primary not as a protest vote, but because of the candidate’s libertarian views.

“I’m a longtime libertarian, so of course he appeals to me,” Lampo said. “Not the greatest messenger, but he has reintroduced libertarianism to millions of Americans, particularly a whole new generation of young voters. And he even runs competitively with President Obama in many polls.”

As a U.S. House member, Paul was among the Republicans who voted for “Don’t Ask, Don’t Tell” repeal and against a U.S. constitutional amendment banning same-sex marriage, but the candidate has also been a strong supporter of the Defense of Marriage Act.

Lampo said Paul has been “a bit uneven” on LGBT issues, but “shines” compared to the other Republican presidential candidates.

CUNY’s Pinello said Paul may have “a few good showings” in Super Tuesday, but expressed doubt the candidate would be able to prevail in any states next week.

“I don’t know that he’ll win any states, but he will have good enough showings to argue that his effort isn’t necessarily doomed, at least from his perspective,” Pinello said. “His supporters are so gung-ho that it doesn’t really make a difference that he hasn’t won any states outright.”

Even if Romney builds off his wins in Michigan and Arizona by sweeping the contests on Super Tuesday, whether Santorum or Gingrich will drop out immediately remains unclear.

Wyman said the Romney alternatives may see if they can win a brokered convention when Republicans gather in Tampa later this year to anoint their nominee.

In that case, delegates wouldn’t be able to settle on a nominee during the ballot round and would have to negotiate through political horse-trading to settle on a candidate.

“If they can all stay in and keep their delegates at least on the first ballot — I think most states require that — then they might possibly be able to keep Romney from winning on the first ballot and maybe create some opportunity for somebody else,” Wyman said.

Pinello said the prospects of a brokered convention in Tampa are diminished now that Romney has pulled off a win — albeit a narrow one — in his home state of Michigan this week, but such an outcome could still be possible.

“If the current polling data nationally show that Obama has a lead, although not large, but nonetheless a lead, over all four of the current Republican candidates,” Pinello said. “So the party leadership across the nation that may be wishing for a Jeb Bush or a Chris Christie or someone else be their champion and save the day, but I don’t think that’s likely at all.”

Whether the GOP candidates will draw on anti-gay rhetoric to win support from Republican voters prior to Super Tuesday also remains to be seen.

Wyman said “you might see some” campaigning directed against the LGBT community in the Super Tuesday states as the candidates jockey for support among conservative voters.

“They’ve all been pretty stalwart in their opposition to anything gay,” Wyman said. “Every now and then one of them will act a little bit liberal and say, ‘I don’t believe in discrimination,’ but they do. Ultimately, they side with the religious right on most gay issues.”

Pinello expressed doubt that Romney would draw on anti-gay attacks, saying the candidate would instead opt to focus on economic issues, but couldn’t say the same about Santorum.

“He had that confrontation before the New Hampshire with college students over same-sex marriage,” Pinello said. “A lot of commentators said that had been a mistake by him in terms of allowing the issue to drift away from economic issues, but he doesn’t seem concerned by that. He’s happy to be the stalwart on social issues.”

Pinello said if the candidates want to talk about social issues, the would be more inclined hot button topics other than LGBT rights, such as a abortion and the Obama administration’s rule providing contraception to women.

The candidates’ positions on LGBT issues are already well-known. Each of the Republican candidates who’ve won primaries — Romney, Santorum and Gingrich — has signed a pledge from the National Organization for Marriage vowing to back a Federal Marriage Amendment, defend the Defense of Marriage Act in court and establish a commission on “religious liberty” to investigate the harassment of same-sex marriage supporters.

Santorum has gone further by saying he’d restore “Don’t Ask, Don’t Tell” if elected president, and Gingrich has said he’d order an “extensive review” of going back to the policy.

As candidates campaign in Tennessee, they may want to weigh in on state pending legislation commonly known as the “Don’t Say Gay” bill, which would prohibit discussion about homosexuality in schools from kindergarten through eighth grade.

Chris Sanders, chair of the Nashville Committee for the Tennessee Equality Project, said polls are showing Santorum has strength in Tennessee and his views are in synch with what’s happening in the legislature.

“Given the fact that he has been so explicitly anti-equality, it’s just another index that we’ve got a lot of work to do in Tennessee,” Sanders said.

Sanders dismissed the idea that Santorum or other candidates would explicitly mention state legislative issues, such as the “Don’t Say Gay Bill,” but said “the anti-equality candidates will find very hospitable ground for themselves here.”

The Washington State caucuses on Saturday could also draw anti-gay sentiments from the candidates because Gov. Chris Gregoire earlier this month signed marriage equality into law, and anti-gay forces are at work to collect the 120,577 signatures needed by June 6 to put the law before voters in November.

Santorum made his opposition to the marriage law a cornerstone of his campaign in Washington State. On the same day the marriage law was signed, Santorum held a campaign rally in the state, saying Gregoire’s signature “isn’t the last word” on marriage as he called on supporters to bring the measure to the polls.

For his part, Gingrich took a softer approach to Washington — as well as the expected legalization of same-sex marriage in Maryland — by saying last week these states were going about it “the right way” by using the legislative process instead of the courts, even though he personally opposes same-sex marriage.

“I think at least they’re doing it the right way, which is going through voters, giving them a chance to vote and not having a handful of judges arbitrarily impose their will,” Gingrich said.

The candidate’s statement contradicts his support for a Federal Marriage Amendment, which, if passed, would abrogate all laws allowing same-sex marriage, including those passed by state legislatures.

Romney has yet to address specifically the legalization of same-sex marriage in Washington, but Pinello doubted the candidate will talk about the issue ahead of Saturday.

“He is really trying to focus on economic issues, single-mindedly,” Pinello said. “I don’t think he would initiate any conversation. He can’t necessarily avoid a question that might come up if one were posed, but I’m sure it will be a short answer, and then he’d jump back to some economic issue.”

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Federal Government

Treasury Department has a gay secretary but LGBTQ staff are under siege

Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

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U.S. Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency. 

Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination. 

“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”

The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”

At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.

But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs. 

Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts. 

“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees. 

“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”

Some ERGs die by formal edict, others by a thousand cuts 

Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”

“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”

One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”

The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.

Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.

“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”

Internal directories scrubbed, gender-neutral restrooms removed

Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”

With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”

Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.

Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.

“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”

LGBTQ staff lack support and work amid a climate of isolation 

The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).

“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”

In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.

“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”

Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”

“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”

The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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