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Obama, Kennedy and a year of change

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From President Obama’s inauguration to the National Equality March, the last 12 months brought a variety of real and symbolic change for LGBT Americans. Marriage was the top story of the year, but here are the 10 other biggest stories of 2009.

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Barack Obama becomes 44th president: Telling a massive National Mall crowd that, “all are equal, all are free,” Barack Obama became the nation’s 44th president Jan. 20. Gays from across the country joined the estimated 1.8 million people on Capitol Hill who watched Obama take the oath of office. Seconds after Obama took the oath, a detailed narrative describing Obama’s support for gay rights legislation was published to the White House web site. The page noted Obama’s support for a gay and transgender inclusive hate crimes bill, an employment non-discrimination bill covering gays and transgender people, and overturning “Don’t Ask, Don’t Tell,” among other issues. The section also mentioned Obama’s call to repeal the anti-gay Defense of Marriage Act and his support for new legislation that would provide full marriage-related rights and benefits for same-sex couples joined in civil unions or domestic partnerships.

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Nation mourns Kennedy: Sen. Edward Kennedy was remembered as the LGBT community’s “strongest advocate in the United States Senate” when he died in August at age 77. Human Rights Campaign President Joe Solmonese noted that Kennedy championed LGBT issues in Congress before doing so was politically acceptable and offered a strong voice of support in the 1980s when the HIV/AIDS epidemic began taking the lives of gay men. Kennedy went on to become a staunch supporter of same-sex marriage and in 1996 was among 14 senators to vote on the Senate floor against the Defense of Marriage Act. He also spoke on the Senate floor against the anti-gay Federal Marriage Amendment in 2004. “Make no mistake,” he said, “a vote for the federal marriage constitutional amendment is a vote against civil unions, domestic partnerships and other efforts by states to treat gays and lesbians fairly under the law.”

eight

Gay federal workers get limited benefits: President Obama took what activists described as his “first step” on gay civil rights in June when he signed a presidential memorandum granting a limited number of federal employee benefits to the same-sex partners of federal workers. Among the new benefits were long-term care insurance and the use of sick time to care for a domestic partner and non-biological, non-adopted child. Additionally, the same-sex partners of U.S. Foreign Service workers were granted access to the use of medical facilities at overseas posts, medical evacuation privileges from such posts and inclusion of same-sex families in overseas housing allocations. Notably absent from the list was health insurance and retirement benefits. White House officials said the administration is prohibited from providing the perks to the same-sex partners of federal workers without a change in the civil service personnel statute and the Defense of Marriage Act.

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Gay man leads U.S. Office of Personnel Management: John Berry became the Obama administration’s highest-ranking openly gay official in May when he was sworn in as director of the U.S. Office of Personnel Management. The ceremony notably occurred at OPM headquarters in Northwest Washington — the same building where officials once carried out a policy that allowed them to deny employment to gays seeking federal jobs. On hand for the event was longtime gay civil rights activist Frank Kameny, who was fired by the federal government in 1957 because of his sexual orientation. Berry lauded Kameny, noting that Kameny’s work made Berry’s appointment possible. “For that, Frank, I personally thank you for your leadership, your passion, and your persistence and express our nation’s appreciation for your courage in teaching America to live up to our promise and our potential,” Berry said.

six

Obama cheered at Pride event: President Obama and his wife won cheers and shouts of “I love you!” from lesbian, gay, bisexual and transgender activists during a White House celebration in June commemorating Pride and marking the 40th anniversary of the Stonewall Rebellion. The gathering came as many activists urged the president to take greater action on LGBT issues, including the repeal of the anti-gay Defense of Marriage Act and “Don’t Ask, Don’t Tell.” Obama told the crowd that the nation “cannot — and will not — put aside issues of basic equality” and that he seeks “an America in which no one feels the pain of discrimination based on who you are or who you love.”

five

Lesbian elected mayor of Houston: Gay rights advocates heralded the victory of lesbian Annise Parker in her bid to become Houston’s next mayor as a triumph for LGBT Americans. Parker, a Democrat and city controller for Houston, won the December election after taking 53 percent of the vote. Her win marked the seventh time she’d won a citywide election in Houston and made the city the most populous in the country to elect an openly LGBT mayor. Paul Scott, executive director for Equality Texas, said Parker’s victory was significant on many levels. “I think in some ways, we’ve seen the ceiling being broken, not only within the Houston area and Texas, but also nationally in terms of an open lesbian being elected into the highest-level office in the metropolitan area for the fourth largest city in the country,” he said.

four

Justice Department criticized for DOMA defense: Gay activists were outraged in June when the U.S. Justice Department defended the anti-gay Defense of Marriage Act by citing child rearing and procreation as reasons why a court should dismiss a legal challenge of it. Some gay Democratic activists who supported Obama in the 2008 presidential election said administration insiders told them the president was not directly consulted on the brief’s wording, but he nonetheless drew significant criticism. When the Justice Department acted again in August to defend DOMA against a separate challenge, the language was toned down and included a note that “this administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal.”

three

Washington Blade ends 40-year run: After chronicling the LGBT community for 40 years, the Washington Blade published its final issue Friday, Nov. 13. Abruptly forced to close as its parent company, Window Media, went into Chapter 7 bankruptcy, the Blade was widely acknowledged as the LGBT community’s newspaper of record. It covered a range of issues — from the outbreak of the HIV/AIDS epidemic to the advent of same-sex marriage — with a depth unmatched by mainstream media outlets. But coverage of local and national LGBT issues did not end when the Blade locked its doors. Strongly supported by Blade advertisers and readers, the newspaper’s staff quickly founded a new publication and distributed the first issue Nov. 20. The DC Agenda, a local, employee-owned business, is now in its seventh week.

two

Obama signs hate crimes bill: Despite several efforts to derail the bill, President Obama signed the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act into law in October as part of the Fiscal Year 2010 Defense Authorization Act. The act allows the Justice Department to assist in the prosecution of hate crimes based on actual or perceived sexual orientation and gender identity, among other categories. “After more than a decade of opposition and delay, we passed inclusive hate crimes legislation to help protect our citizens form violence based on what they look like, who they love, how they pray or who they are,” Obama said. Opponents had argued the law was tantamount to creating thought crimes and could limit free speech rights.

one

National Equality March hits Washington: Tens of thousands of protesters descended on the nation’s capital in October to urge Congress and President Obama to extend full legal equality to LGBT people. Featuring a mix of veteran speakers and young faces, the weekend event included a march past the White House that ended outside the U.S. Capitol. Participants carried rainbow-colored flags and held signs calling for immediate action to enact equality. The bright, nearly cloudless sky and unseasonably warm weather welcomed crowds as several high-profile speakers called the participants to action. “If you believe we are equal, then it is time to act like it,” said Cleve Jones, a longtime gay activist and one of the chief organizers of the march. “A free and equal people do not tolerate prioritization of their rights. They do not accept compromises. They do not accept delays.”

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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