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Arizona’s ‘turn away the gay’ bill part of national trend

As other measures defeated, Kansas could see resurrected bill this week

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Jan Brewer, Republican Party, Arizona, gay news, Washington Blade

Gov. Jan Brewer (R-Ariz.) is considering legislation that would legalize LGBT discrimination in Arizona. (Photo by Gage Skidmore; courtesy Wikimedia Commons)

An emerging trend of state legislation allowing businesses to refuse services on religious grounds — most recently in Arizona where a measure has reached the desk of Gov. Jan Brewer (R) — has triggered outrage among advocates who say the bills are intended to enable discrimination against LGBT people.

The bill passed by the legislature in Arizona, SB 1062, has become known as the “turn away the gay” bill after the Republican-controlled Arizona State House approved the measure Thursday by a 33-27 vote.

Despite her reputation as an ultra conservative, Brewer expressed uncertainty over the weekend over what action she’ll take on the bill, saying the measure is “very controversial.” She has five days to sign or veto the measure once it reaches her desk.

“We know that it has failed in a lot of states across the country,” Brewer told reporters. “I have not been in town currently. I’ve been reading about it on the Internet, and I will make my decision probably by next Friday, if I do decide to sign it. But it’s very controversial. So I got to get my hands around it.”

The measure never mentions the words “gay,” “sexual orientation” or “gender identity,” but expands the state’s definition of exercise of religion to allow any person — which under the bill could be an individual, a religious assembly or business — to deny services based on a religious belief.

Under the bill, the exemption could only be used in court if the refusal to act is motivated by a religious belief; the person’s religious belief is sincerely held; and state action “substantially” burdens the exercise of the person’s religious beliefs.

Critics say the legislation is intended to allow businesses to deny services or discriminate against gay people or same-sex couples — even though Arizona state law already permits discrimination in employment and public accommodations.

Eunico Rho, an advocacy and policy counsel for the American Civil Liberties Union who works on state initiatives, said the measure would set “a dangerous precedent” because it would invite individuals and businesses in Arizona to discriminate.

“Arizona already has a law that says the government can’t unnecessarily burden somebody’s religious beliefs, but this takes that into the private sphere and says no private individual can burden somebody’s else religious beliefs,” Rho said. “Given how religiously diverse we are — and the state of Arizona is — it’s just such a dangerous and unprecedented on…the legislature’s part.”

Because certain localities in Arizona bar discrimination on the basis of sexual orientation and gender identity, Rho said the passage of the Arizona bill would complicate the enforcement of these ordinances.

Amid consternation over the legislation and scrutiny from national media, the anti-gay group that drafted the legislation said the concerns are overblown.

Cathi Herrod, president of the Center for Arizona Policy, said in a statement Friday the measure is merely aimed at protecting religious liberties.

“Simply put, the fear-mongering from opponents is unrelated to the language of the bill, and proves that hostility towards people of faith is very real,” Herrod said. “It’s a shame we even need a bill like this in America. But growing hostility against freedom in our nation, and the increasing use of government to threaten and punish its own citizens, has made it necessary.”

Although major national LGBT rights groups were initially silent on the Arizona bill, the Human Rights Campaign and the National Gay & Lesbian Task Force issued statements on Friday after Brewer expressed uncertainty about the bill and gay blogger Joe Jervis criticized them for their silence.

Amid the wait over what action Brewer will take on the legislation, LGBT grassroots advocates have started a campaign to encourage her to reject the measure by asking businesses in Arizona to speak out.

Scott Wooledge, a New York-based LGBT netroots advocate, has set up a website, “Do AZ’s Top Businesses Support Or Oppose SB 1062?” monitoring the positions of Arizona businesses on the legislation.

“Together, the companies I approached employ more than a quarter million people in the state of Arizona,” Wooledge said. “This makes them all significant stakeholders in any business-related legislation, and SB 1062 is a business-related bill.”

Companies headquartered in Arizona identified on the website are US Airways, PetSmart, Apollo Group, GoDaddy, U-Haul, Cold Stone Creamery, Bashas’ Markets, Freeport-McMoran Copper & Gold Inc, Banner Health P.F. Chang’s, Best Western and Circle K. None were listed as having expressed a position as of Monday morning.

[UPDATE: On Monday evening, Apple Inc. and the CEO of American Airlines Group Inc called Brewer to ask her to veto the bill, according to the Associated Press.]

But both members of Arizona’s delegation to the U.S. Senate — Sens. John McCain (R-Ariz.) and Jeff Flake (R-Ariz.) have weighed in via Twitter to urge Brewer to reject the bill. Both were among the Senate Republicans who voted for the Employment Non-Discrimination Act last year (although Flake twice voted against cloture.)

Others who have spoken out via Twitter to urge Brewer to veto the bill are Democrats representing the state in the U.S. House: Rep. Ann Kirkpatrick (D-Ariz.), Ron Barber (D-Ariz.) and bisexual Rep. Kyrsten Sinema (D-Ariz.).

Prior to House passage of the bill last week, Sinema said in a statement that Brewer must consider the negative consequences of the legislation should she sign it.

“The economic hit to our state, if this misguided bill is signed into law, will undoubtedly harm thousands of hardworking Arizonans, and is irresponsible at a time when we are just starting to recover from the economic downturn,” Sinema said. “Arizona is better than this. I call on Governor Brewer to show leadership and veto the bill if it is sent to her.””

In recent weeks, the movement of the legislation to enable discrimination by expanding religious liberties hasn’t been limited to Arizona. As previously reported by the Washington Blade, progress on these bills is apparently a new tactic from anti-gay groups in response to the advancement of marriage equality.

Laura Durso, director of the LGBT project for the Center for American Progress, said the proliferation of these bills puts at risk all Americans, not just LGBT Americans.

“Bills like Arizona’s SB 1062 open the door to all types of discrimination, not only in wedding-related services but among healthcare providers and other licensed professionals,” Durso said. “The first amendment protects our right to practice our religion as we see fit and these types of laws threaten our social contract — that we treat others as we wish to be treated and abide by the same rules in the public marketplace.”

In Kansas, the State House approved legislation allowing businesses to refuse services to same-sex couples. And unlike the Arizona bill, the Kansas measure explicitly mentions same-sex couples, saying no individual should be required to provide a service related to a same-sex wedding or civil union ceremony.

Numerous media outlets, including the Blade, reported last week the legislation, House Bill 2453, was dead in the Senate following public outcry, but one LGBT advocate in the state said he’s not so sure.

Thomas Witt, executive director of the Kansas Equality Coalition, said he expects the legislation to reappear in the Senate — possibly with slightly different language as an insert to a larger bill — as early as Wednesday.

“The radical right in the House is pushing real hard to bring this bill back, not under that number,” Witt said. “The number is dead. The Senate is not going to let that number come back up, but they’re looking for a way to stuff the language in a different bill.”

Similar religious exemption bills that have died have come in Maine, where the House last week defeated a measure by a 89-52 vote, as well as in South Dakota, Tennessee and Idaho, which all died in committee.

Lawmakers pushing the bills are drawing on recent stories of individuals facing penalties for refusing services to same-sex couples, such as a Colorado baker who was found to have violated a couple’s civil rights for refusing to bake a cake for them or the New Mexico photographer who got in trouble after refusing to take a picture of a same-sex wedding ceremony.

ACLU’s Rho noted that lawmakers in Arizona and Kansas have been drawing on these stories to advocate for the enactment of religious exemption bills, but said she doesn’t think the bills are anything new.

“I think in Arizona, they’ve made it quite clear, that that was one of the main reasons for expanding the religious refusal bill into this extraordinary scope,” Rho said. “But as I said, people claiming the right to refuse services is certainly nothing new.”

Despite the proliferation of these bills, no LGBT advocate is calling on President Obama to publicly condemn them — even though they’ve asked for his help for other LGBT rights causes.

White House Press Secretary Jay Carney had little to say Monday when asked about the Arizona bill by CNN.

“I haven’t spoken with the president about that,” Carney said. “I don’t have an official position. It certainly doesn’t sound particularly tolerant, but I don’t have a position at this time.”

But LGBT advocates say Obama’s voice against advancing the bills in these Republican-dominated states will fall on deaf ears — and might even encourage lawmakers to enact the measures.

Rho said she thinks an appropriate response would be passage of the Employment Non-Discrimination Act, which would bar many employers from discriminating against LGBT workers across the country, as opposed to vocal opposition from Obama.

“Unfortunately, I think a lot of the state legislatures and the governors who are endorsing these kind of measures don’t care much for what the president says or thinks, so I don’t know if Sam Brownback cares much for President Obama’s opinion,” Rho said.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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District of Columbia

GenOUT Chorus offers solace, strength to LGBTQ teens

Summer camp held from June 23-27

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Clockwise from upper left: members of GenOUT Chorus tour WAMU 88.5 with morning host Esther Ciammachilli; members of the Chorus tour NBC4; members of the chorus at Clarendon United Methodist Church for an end-of-camp concert on on June 27; producer Rick Yarborough with members of the Chorus at NBC4. (Photos courtesy the Chorus)

As Pride month draws to a close and Washington begins to take down its rainbow flags and WorldPride decorations, it can be easy to confine the ideas of LGBTQ liberation to June. One historic organization in Washington has been speaking out — or singing out if you will — to ensure that LGBTQ youth are allowed to explore and be themselves every month of the year. 

The Gay Men’s Chorus of Washington is one of the oldest and largest LGBTQ choruses in the world. With more than 300 members and more than 40 years in the D.C. LGBTQ community, to say it is an institution would be an understatement.

Beginning in 1981, following an inspiring performance by the San Francisco Gay Men’s Chorus at the Kennedy Center, a group of 18 gay men — led by a “straight” woman and friend of Washington’s gay community, Marsha Pearson — created the GMCW. Since its establishment the organization has only grown in number and relevance within the city. From hosting multiple concerts a year, international equality trips, and creating a dedicated space to “inspire equality and inclusion with musical performances and education,” the GMCW is one of the cornerstone organizations in the Washington LGBTQ community.

One of the most remarkable parts of the GMCW is its youth outreach program and choir: GenOUT. The outreach ensemble specializes in providing a space for Washington’s LGBTQ and allied youth, ages 13-18, to find their voice through song and connect that voice to community. The GenOUT program has been around since 2001, and since 2015 has provided a platform for their voices to be heard — literally — making it the first LGBTQ youth chorus in the Washington area.

The Washington Blade sat down with GenOUT Director C. Paul Heins and member Ailsa Ostovitz to discuss why GenOUT, and more specifically the GenOUT summer camp, which was held from June 23-27, has become an essential space for LGBTQ youth in the D.C. area to find their voice amid less-than-supportive administration and rising anti-LGBTQ rhetoric in the nation. 

“This is my 11th season with GenOUT, and also the 11th season with Gay Men’s Chorus of Washington,” Heins said when explaining how he ended up in the director role for the self-selected, no audition required youth outreach ensemble. “I was hired in August of 2014 to start GenOUT. I spent that first fall researching other choruses, figuring out the infrastructure, promoting the chorus, and building relationships with schools, organizations, and faith communities. And then we started in January of 2015 with nine brave singers and since then, we’ve had 150+ singers from 80 or more schools in the DMV participate.”

Ailsa Ostovitz, on the other hand, being in high school had not had as much experience with choirs — yet her commitment and unwavering passion for the work she — and the other performers within GenOUT provide to each other was unmistakable.  

“I’ve been a part of the course since April of 2022, and that was like seventh grade— which is wild to think about,” Ostovitz said when reflecting on how long she had been a part of GenOUT. She explained how she had begun to develop a drive for filling leadership roles within GenOUT after gaining valuable experiences and education from the organization. 

“This is my first year in leadership,” she added. “The rest of the years, I kind of hung back. I really wanted to — especially last season — kind of put myself in the position of a peer and think ‘What would I want from people that are supposed to represent me to the adults? What would I want out of that?’”

And with those questions in mind, Ostovitz explained she buckled down and worked hard to get to where she is now as a member of the leadership team within the GenOUT choir. 

“I spent a lot of time working with my section leader, and, looking up at him and being like, ‘What are you doing now that I can do in the future?’ And so this year, I ran for leadership,” Ostovitz said. “I got section leader, and that was cool. I’ve just spent a lot of time — most of my time in this course — learning leadership skills to kind of help me in all sorts of things in life, because I like to take control of things, and I like doing stuff.”

These leadership skills are just a handful of the things that students like Ostovitz learn while participating in the program. This year’s theme was “Make Them Hear Us!: Empowering LGBTQ+ and Allied Youth Through Music, Media, and Community,” and provided multiple opportunities for GenOUT’s members to engage with new concepts, ideas, and experiences. 

From field trips to mentoring opportunities to an end-of-camp performance, it becomes clear when speaking to those familiar with the GenOUT experience: it is not your traditional summer day camp. 

“The title of the camp references the anthem that GMCW has sung for many years,” Heins said. “‘Make Them Hear You’ from the musical ‘Ragtime’ encourages us to share important stories — stories that honor the fights that we’ve been fighting, the rights that we have won, affirmations that we seek for every human being, and the focus on media — specifically developing young people’s understandings of the kinds of media that they can access and use to share their voice.” 

The camp offers singing and dancing lessons, creative writing exercises, LGBTQ+ history lessons, and open discussions about identity — providing an outlet for students to figure out who they want to be and find their voice.

“What this camp does, I believe, is it helps foster young people’s voices and not only encourages them to speak, but to give them the skills to speak in a way that will be heard meaningfully,” Heins added. “I have noted that youth in queer choruses like GenOUT have said that singing in a chorus allows young people to express themselves more honestly and with greater passion than other forms of expression. They’ve also said that singing with others that understand you on a very deep, profound level, makes the expression much easier and more beautiful. I think that experience is what really makes this a special opportunity for young, LGBTQ and allied people.” 

Ostovitz echoed Heins’s sentiment, emphasizing that the space GenOUT provides allows her to feel empowered in ways more than by creating leadership skills that will help her later in life. GenOUT has allowed for her to see the humanity and similarities LGBTQ youth all face in a straight world. 

“Joining the chorus and being in this camp, it really gives people a chance to see that every person is going through the same experience you are, on a level of finding your own identity and being confident in that,” Ostovitz said. “It really, really serves a purpose by showing there are still queer people. They’re not fizzling out — young people are queer. We want to use our voices to express what we feel and how things are affecting us, and I think that using music to do that is probably one of the most powerful ways to do that.” 

In addition to allowing for internal growth and honing their singing abilities, both Ostovitz and Heins pointed out the other valuable skills students learn while in the GenOUT program. Ostovitz explicitly highlighted the mentorship program GenOUT has with GMCW, and how it has helped students like her figure out their future. 

“Because we are so connected with GMCW, we run a mentorship program where, if you want to explore career, identity, whatever, we can connect you with somebody from GMCW,” Ostovitz said. “You get to spend a whole semester with a person working on your voice or your career or your what you want to do in higher education. It’s not only for things related to your queer identity, but it’s also just for life. It’s really cool.”

GenOUT Chorus performs in ‘Passports’ at Lincoln Theatre in March. (Washington Blade photo by Michael Key)

This year’s theme, centering around media and the many ways people can share their voice, was highlighted through the camp’s field trips to two legacy media organizations — WAMU and NBC Washington — and a discussion with staff from the Washington Blade, including Publisher Lynne Brown and International News Editor Michael K. Lavers.

“GenOUT provides a chance to get to know people from all around this area, but it also connects you to older folks, It connects you to people from the past, as well as we learn about LGBTQ history,” Heins said. “I think a camp specific thing is we want young people to understand how they can share their stories beyond just talking to their friends. There are these forms of media that are out there to share your stories, to have your voices heard, and to have a sense that these media are there for everyone. It’s not just a thing for people aged 21 and over. That was something that Lynne and Michael from the Blade were sharing with; that anyone can write in a letter to the editor. It doesn’t mean it’s going to be published, but that anyone has that opportunity. And I think that’s a great way for them to say the Blade is open to you to share your voice.” 

The concept that there are people who want to, or may need to hear queer voices represented is one that is not lost on Ostovitz.

“There is something Thea says that has kind of integrated into our chorus — that someone out there needed to hear you, needed to hear your voice, needed to hear your story,” Ostovitz said. “That’s something that I kind of live by in this chorus, where I’m like, ‘I believe that there is someone out there that needed to hear this song for whatever reason, whatever it did for them. And I’m hoping to learn how much more can this chorus do for not just our little community, but how much more can it do around the world or the country — especially now.”

Living in the political center of the U.S., Ostovitz explained, has impacted how she approaches her identity, her education, and the urgency of using her voice — both as a student and as a young queer person navigating an increasingly hostile national climate. 

“Being so close to the political center of the country and also a student at the same time has not been the easiest thing in the world as of late,” she said. “You’re thinking a lot about ‘Oh, I wonder if this program in my school will still exist next year,’ because a lot of the funding for physics and science programs in general has been cut. So I’m fortunate enough that Maryland has been pretty good about going against this administration. And so being in this chorus gives me a second to step back from my academics and just go somewhere for the two hours of rehearsal.” 

For Ostovitz, just having those two short hours a week to focus on music — without thinking about the political climate that paints her and her choir peers as nefarious for being LGBTQ — provides solace.

“Everybody else is going through the same thing as I am, but we’re all also working towards the same goal, which is acceptance and uplifting of everybody and everyone — no matter who they are,” she said. “It kind of settles you down and grounds you. And then you just make music with people, and it’s really like a stress reducer for me.”

“Is it too trite to say that that would make people feel less alone, knowing that it’s not just a DMV thing, but that there are queer people all over?” Heins asked Ostovitz.

“No, it’s not — for sure,” Ostovitz responded. “It was a bit eye-opening.”

“A lot of us are fortunate enough to have families that support us enough to trust us and help us be passionate and mean what we do with the work that we do in this chorus — because it is optional,” Ostovitz added. “It is optional to have the courage that we have to practice and commit as much as we do, and the fact that we have a whole organization backing us on that is pretty cool.” 

“We often say that we sing for those who can’t sing in a chorus like ours,” Heins said. “We sing for people who don’t have the freedom or the option to live their authentic lives. I think that’s very powerful.” 

“It’s a very unique experience to be surrounded by so many people that get it,” Ostovitz said. “It’s a very joyful experience when we perform our big shows at the Lincoln Theater, being part of that production is also a very unique experience. So I think everything about this chorus is very joyfully unique.” 

“I feel very proud, and I feel very inspired,” Heins said. “I feel inspired by the young voices. I feel a sense of inspiration in my own music-making, when I am able to take a piece from its very beginning all the way to the stage in a polished form. And I feel that sense of pride in knowing that I’ve helped this group of young people develop their confidence to do really amazing things.” 

“GenOUT sang 22 times last year, which for any chorus is a big deal, but for a youth chorus coming from thither and yon, it is really a big deal,” Heins added. “I’m just really inspired and proud, and know that when I am in a nursing home somewhere and these folks are still out working and I know the country will be in good hands.”

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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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