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Gorsuch confirmed to the dismay of LGBT rights supporters

Senate approves new justice after nuking filibuster

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Neil Gorsuch, gay news, Washington Blade

The U.S. Senate confirmed Neil Gorsuch to the U.S. Supreme Court.
(Washington Blade photo by Michael Key)

The U.S. Senate confirmed on Friday Neil Gorsuch to the U.S. Supreme Court much to the dismay of LGBT rights supporters who think he’ll oppose LGBT rights and Democrats who say the seat was unfairly awarded to him.

The Senate confirmed him to the seat by a largely party-line vote of 54-45, although Sens. Joe Manchin (D-W.Va.), Joe Donnelly (D-Ind.) and Heidi Heitkamp (D-N.D.) joined Republicans to confirm the nominee. Sen. Johnny Isakson (R-Ga.), who’s recovering from back surgery, missed the vote.

Russell Roybal, deputy executive director for the National LGBTQ Task Force, said in a statement the confirmation amounts to “the triumph of bullying over moderation.”

“Taking their lead from the Bully-in-Chief Donald Trump, Mitch McConnell twisted and turned the rules of the Senate to ram this extremist nominee through — slashing and burning safeguards for moderation, such as the rule calling for a 60 votes threshold needed to confirm an Associate Supreme Court Justice,” Roybal said. “We now have a new Justice who is so conservative that he makes Antonin Scalia look moderate,”

The Gorsuch confirmation is a win for President Trump after a first 100 days in office marked by questions about his presidential campaign’s relationship with Russia, the failure of legislation he endorsed to repeal Obamacare and national security challenges in Syria and North Korea.

But Democrats put up a fight in the road to confirmation, citing Senate Republicans’ unwillingness to even hold a hearing for President Obama’s choice for the seat — U.S. Circuit Judge Merrick Garland — when it was first made open by the death of the U.S. Associate Justice Antonin Scalia last year.

Democrats on Thursday successfully filibustered by the nomination after speaking out on the Senate floor against Gorsuch on the Senate. Sen. Jeff Merkley (D-Ore.), who said he’d filibuster any nominee other than Garland, spoke for 15 hours on the Senate floor against Trump’s nominee.

In the end, Senate Majority Leader Mitch McConnell (R-Ky.) was able to move forward by changing the rules and exercising the “nuclear option,” which ended the ability for senators to filibuster nominees to the Supreme Court. McConnell cited as precedent for this action former Senate Democratic Leader Harry Reid ending the filibuster in 2013 for administrative appointments and lower court judicial nominees.

Commending McConnell for his actions to ensure the confirmation of Gorsuch was Tony Perkins, president of the anti-LGBT Family Research Council.

“Leader McConnell is to be commended for holding fast to historical precedent of not allowing an outgoing president to pack the Court with ideological jurists on his way out of the White House,” Perkins said. “The Supreme Court vacancy after the death of Justice Scalia became a defining issue of the 2016 presidential election. President Trump made history by telling voters who he would appoint to the Court by providing a list — the American people chose him and he in turn chose from the list, keeping his promise.”

LGBT rights supporters have expressed concerns about Gorsuch largely because of his record as a judge on the U.S. 11th Circuit Court of Appeals.

Chief among those concerns is a ruling the Hobby Lobby case in which he determined the retail chain should afforded “religious freedom” despite requirements under Obamacare to deny contraceptive coverage for female employees. Many LGBT rights supporters say that could be a prelude to Gorsuch being willing to institute “religious freedom” carve-outs in LGBT non-discrimination laws.

Other LGBT criticism over Gorsuch relates to his decisions on transgender rights. In 2015, Gorsuch joined an 11th Circuit decision against a transgender inmate who alleged she was denied transition-related hormone therapy and unfairly housed in an all-male facility. In 2009, Gorsuch also joined an unpublished opinion finding the provision against sex discrimination under Title VII of the Civil Rights Act of 1964 doesn’t apply to transgender people.

In a 2005 op-ed for the National Review “Liberals & Lawsuits,” Gorsuch excoriated the progressive movement for seeking advancements in the courts, identifying same-sex marriage an issue that should be decided elsewhere a decade before the Supreme Court would rule for marriage equality nationwide.

Sarah Kate Ellis, CEO of GLAAD, condemned Senate Republicans for the confirmation of Gorsuch in a statement based on his anti-LGBT rulings and writings.

“Republicans in the Senate just destroyed a steadfast American tradition for the purpose of confirming a person to the U.S. Supreme Court who will most certainly vote in opposition to the safety and well-being of the LGBTQ community and many marginalized groups for his entire career on the bench,” Ellis said. “With his history of siding against transgender Americans and arguing against marriage equality, Neil Gorsuch is yet another reprehensible pawn in the Trump Administration’s goal of erasing the LGBTQ community from the fabric of America.”

During his confirmation hearing, Gorsuch said the U.S. Supreme Court ruling in favor of same-sex marriage is “settled law,” but added “there is ongoing litigation about its impact and application right now,” suggesting he thinks limitations to the ruling are still on the table. According to the Human Rights Campaign, Gorsuch also refused to answer in response to written questions from the Senate whether he thinks LGBT people are eligible for protections under current federal civil rights laws.

Stan Sloan, CEO of the Family Equality Council, said in a statement he hopes concerns about Gorsuch’s views on legal protections for LGBT people prove incorrect now that the jurist has been confirmed to the Supreme Court.

“Family Equality Council opposed the confirmation of Neil Gorsuch to the Supreme Court, and we are disappointed that this confirmation is now a reality,” Sloan said. “We hope that our fears concerning his ability to assure fair treatment of LGBTQ individuals and families — and members of all marginalized communities — will now be proven wrong, and that Justice Gorsuch rises to support and protect the civil liberties of all Americans.”

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Books

New book profiles LGBTQ Ukrainians, documents war experiences

Tuesday marks four years since Russia attacked Ukraine

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Artur Ozerov, a drag queen who performs as AuRa and works for the Kyiv City Military Administration, prepares to perform at a nightclub in Kyiv, Ukraine, on Dec. 10, 2022. Ozeroy is among the LGBTQ Ukrainians profiled in J. Lester Feder's new book, 'The Queer Face of War: Portraits and Stories from Ukraine' (Photo by J. Lester Feder, courtesy of Outright International)

Journalist J. Lester Feder’s new book profiles LGBTQ Ukrainians and their experiences during Russia’s war against their country.

Feder for “The Queer Face of War: Portraits and Stories from Ukraine” interviewed and photographed LGBTQ Ukrainians in Kyiv, the country’s capital, and in other cities. They include Olena Hloba, the co-founder of Tergo, a support group for parents and friends of LGBTQ Ukrainians, who fled her home in the Kyiv suburb of Bucha shortly after Russia launched its war on Feb. 24, 2022.

Russian soldiers killed civilians as they withdrew from Bucha. Videos and photographs that emerged from the Kyiv suburb showed dead bodies with their hands tied behind their back and other signs of torture.

Olena Hloba (Photo by J. Lester Feder, courtesy of Outright International)

Olena Shevchenko, chair of Insight, a Ukrainian LGBTQ rights group, wrote the book’s forward.

Olena Shevchenko, leader of Insight, poses for a portrait, in Kyiv, Ukraine, on Sept. 8, 2025. (Washington Blade photo by Caroline Gutman)

The book also profiles Viktor Pylypenko, a gay man who the Ukrainian military assigned to the 72nd Mechanized Black Cossack Brigade after the war began. Feder writes Pylypenko’s unit “was deployed to some of the fiercest and most important battles of the war.”

“The brigade was pivotal to beating Russian forces back from Kyiv in their initial attempt to take the capital, helping them liberate territory near Kharkiv and defending the front lines in Donbas,” wrote Feder.

Pylypenko spent two years fighting “on Ukraine’s most dangerous battlefields, serving primarily as a medic.”

“At times he felt he was living in a horror movie, watching tank shells tear his fellow soldiers apart before his eyes,” wrote Feder. “He held many men as they took their final breaths. Of the roughly one hundred who entered the unit with him, only six remained when he was discharged in 2024. He didn’t leave by choice: he went home to take care of his father, who had suffered a stroke.”

Feder notes one of Pylypenko’s former commanders attacked him online when he came out. Pylypenko said another commander defended him.

Feder also profiled Diana and Oleksii Polukhin, two residents of Kherson, a port city in southern Ukraine that is near the mouth of the Dnieper River.

Ukrainian forces regained control of Kherson in November 2022, nine months after Russia occupied it.

Diana, a cigarette vender, and Polukhin told Feder that Russian forces demanded they disclose the names of other LGBTQ Ukrainians in Kherson. Russian forces also tortured Diana and Polukhin while in their custody.

Polukhim is the first LGBTQ victim of Russian persecution to report their case to Ukrainian prosecutors.

Oleksii Polukhin (Photo by J. Lester Feder)

Feder, who is of Ukrainian descent, first visited Ukraine in 2013 when he wrote for BuzzFeed.

He was Outright International’s Senior Fellow for Emergency Research from 2021-2023. Feder last traveled to Ukraine in December 2024.

Feder spoke about his book at Politics and Prose at the Wharf in Southwest D.C. on Feb. 6. The Washington Blade spoke with Feder on Feb. 20.

Feder told the Blade he began to work on the book when he was at Outright International and working with humanitarian groups on how to better serve LGBTQ Ukrainians. Feder said military service requirements, a lack of access to hormone therapy and documents that accurately reflect a person’s gender identity and LGBTQ-friendly shelters are among the myriad challenges that LGBTQ Ukrainians have faced since the war began.

“All of these were components of a queer experience of war that was not well documented, and we had never seen in one place, especially with photos,” he told the Blade. “I felt really called to do that, not only because of what was happening in Ukraine, but also as a way to bring to the surface issues that we’d had seen in Iraq and Syria and Afghanistan.”

J. Lester Feder (Photo by J. Lester Feder)

Feder also spoke with the Blade about the war’s geopolitical implications.

Russian President Vladimir Putin in 2013 signed a law that bans the “promotion of homosexuality” to minors.

The 2014 Winter Olympics took place in Sochi, a Russian resort city on the Black Sea. Russia annexed Crimea from Ukraine a few weeks after the games ended.

Russia’s anti-LGBTQ crackdown has continued over the last decade.

The Russian Supreme Court in 2023 ruled the “international LGBT movement” is an extremist organization and banned it. The Russian Justice Ministry last month designated ILGA World, a global LGBTQ and intersex rights group, as an “undesirable” organization.

Ukraine, meanwhile, has sought to align itself with Europe.

Ukrainian President Volodymyr Zelenskyy after a 2021 meeting with then-President Joe Biden at the White House said his country would continue to fight discrimination based on sexual orientation and gender identity. (Zelenskyy’s relationship with the U.S. has grown more tense since the Trump-Vance administration took office.) Zelenskyy in 2022 publicly backed civil partnerships for same-sex couples.

Then-Ukrainian Ambassador to the U.S. Oksana Markarova in 2023 applauded Kyiv Pride and other LGBTQ and intersex rights groups in her country when she spoke at a photo exhibit at Ukraine House in D.C. that highlighted LGBTQ and intersex soldiers. Then-Kyiv Pride Executive Director Lenny Emson, who Feder profiles in his book, was among those who attended the event.  

“Thank you for everything you do in Kyiv, and thank you for everything that you do in order to fight the discrimination that still is somewhere in Ukraine,” said Markarova. “Not everything is perfect yet, but you know, I think we are moving in the right direction. And we together will not only fight the external enemy, but also will see equality.”

Feder in response to the Blade’s question about why he decided to write his book said he “didn’t feel” the “significance of Russia’s war against Ukraine” for LGBTQ people around the world “was fully understood.”

“This was an opportunity to tell that big story,” he said.

“The crackdown on LGBT rights inside Russia was essentially a laboratory for a strategy of attacking democratic values by attacking queer rights and it was one as Ukraine was getting closet to Europe back in 2013, 2014,” he added. “It was a strategy they were using as part of their foreign policy, and it was one they were using not only in Ukraine over the past decade, but around the world.”

Feder said Republicans are using “that same strategy to attack queer people, to attack democracy itself.”

“I felt like it was important that Americans understand that history,” he said.

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Netherlands

Rob Jetten becomes first gay Dutch prime minister

38-year-old head of government sworn in on Monday

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Rob Jetten (Photo via @RobJetten/X)

Rob Jetten on Monday became the Netherland’s first openly gay prime minister.

Jetten’s centrist D66 party won the country’s elections last October, narrowly defeating Geert Wilders’ far-right Party for Freedom.

King Willem-Alexander on Monday swore in Jetten, who is also the country’s youngest-ever prime minister. The Associated Press notes Jetten’s coalition government includes the center-right Christian Democrats and the center-right People’s Party for Freedom and Democracy.

“Proud to be able to do this together,” said Jetten in an X post before Willem-Alexander swore him in.

COC Nederland, a Dutch LGBTQ advocacy group, in a statement said Jetten “becoming prime minister shows that your sexual orientation doesn’t have to matter.”

“You can become a construction worker, a doctor, a lawyer, and even prime minister,” said COC Nederland.

The advocacy group noted Jetten has said his government will implement its “Rainbow Agreement” that include calls for strengthening nondiscrimination laws “to better protect transgender and intersex people,” appointing more “discrimination investigators … to address violence against LGBTQ+ people and other minorities,” and introducing measures “to promote acceptance in schools.”

“COC will hold the Cabinet to that promise,” said COC Nederland.

Jetten’s fiancé is Nicolás Keenen, an Argentine field hockey player who competed in the 2024 Summer Olympics in Paris.

Jetten is one of two openly gay heads of government: Andorran Prime Minister Xavier Espot Zamora came out in 2023. Gay Latvian President Edgars Rinkēvičs, who is the country’s head of state, took office in 2023.

Leo Varadkar, who was Ireland’s prime minister from 2017-2020 and from 2022-2024, and Xavier Bettel, who was Luxembourg’s prime minister from 2013-2023, are gay. Ana Brnabić, who was Serbia’s prime minister from 2017-2024, is a lesbian.

Former Icelandic Prime Minister Jóhanna Sigurðardóttir in 2009 became the world’s first openly lesbian head of government. Former Belgian Prime Minister Elio Di Rupo, former San Marino Captain Regent Paolo Rondelli, and former French Prime Minister Gabriel Attal are also openly gay.

Colombian presidential candidate Claudia López, who is the former mayor of Bogotá, the Colombian capital, would become her country’s first female and first lesbian president if she wins the country’s presidential election that is taking place later this year.

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District of Columbia

D.C. police arrest man for burglary at gay bar Spark Social House  

Suspect ID’d from images captured by Spark Social House security cameras

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Spark Social House (Washington Blade photo by Michael Key)

D.C. police on Feb. 18 arrested a 63-year-old man “of no fixed address” for allegedly stealing cash from the registers at the gay bar Spark Social House after unlawfully entering the bar at 2009 14th St., N.W., around 12:04 a.m. after it had closed for business, according to a police incident report.

“Later that day officers canvassing for the suspect located him nearby,” a separate police statement says. “63-year-old Tony Jones of no fixed address was arrested and charged with Burglary II,” the statement says.

The police incident report states that the bar’s owner, Nick Tsusaki, told police investigators that the bar’s security cameras captured the image of a man who has frequently visited the bar and was believed to be homeless.

“Once inside, the defendant was observed via the establishment’s security cameras opening the cash register, removing U.S. currency, and placing the currency into the left front pocket of his jacket,” the report says.

Tsusaki told the Washington Blade that he and Spark’s employees have allowed Jones to enter the bar many times since it opened last year to use the bathroom in a gesture of compassion knowing he was homeless. Tsusaki said he is not aware of Jones ever having purchased anything during his visits.

According to Tsusaki, Spark closed for business at around 10:30 p.m. on the night of the incident at which time an employee did not properly lock the front entrance door. He said no employees or customers were present when the security cameras show Jones entering Spark through the front door around 12:04 a.m. 

Tsusaki said the security camera images show Jones had been inside Spark for about three hours on the night of the burglary and show him taking cash out of two cash registers. He took a total of $300, Tsusaki said.

When Tsusaki and Spark employees arrived at the bar later in the day and discovered the cash was missing from the registers they immediately called police, Tsusaki told the Blade. Knowing that Jones often hung out along the 2000 block of 14th Street where Spark is located, Tsusaki said he went outside to look for him and saw him across the street and pointed Jones out to police, who then placed him under arrest.

A police arrest affidavit filed in court states that at the time they arrested him police found the stolen cash inside the pocket of the jacket Jones was wearing. It says after taking him into police custody officers found a powdered substance in a Ziploc bag also in Jones’s possession that tested positive for cocaine, resulting in him being charged with cocaine possession in addition to the burglary charge.

D.C. Superior Court records show a judge ordered Jones held in preventive detention at a Feb. 19 presentment hearing. The judge then scheduled a preliminary hearing for the case on Feb. 20, the outcome of which couldn’t immediately be obtained. 

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