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Charges against ENDA protesters to be dropped

Demonstrators must stay away from Pelosi’s office

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Charges filed against (from left) Jay Carmona, Samantha Ames, Chas Kirven and Michelle Wright following a sit-in protest last month in House Speaker Nancy Pelosi’s office will be dropped if they abide by certain conditions. (DC Agenda photo by Chris Johnson)

Charges against Capitol Hill demonstrators who last month targeted House Speaker Nancy Pelosi, accusing her of failing to advance the Employment Non-Discrimination Act, will be dropped provided they abide by certain conditions.

Jay Carmona, Samantha Ames, Chas Kirven and Michelle Wright pleaded not guilty in D.C. Superior Court Tuesday to misdemeanor charges of unlawful entry. They were arrested March 18 following a sit-in protest in Pelosi’s office in the Cannon House Office Building. The group refused to leave despite police orders to do so.

The group demanded that Pelosi move a transgender-inclusive version of ENDA to the House floor by the end of March. The demonstrators said they wanted a vote on the bill — even if it lacked the necessary votes for passage — to best determine where lawmakers stand.

Representing the protesters in court was Claire Morris Clark, an attorney for D.C. law firm Schertler & Onorato.

Clark said the U.S. attorney general’s office would drop the charges if demonstrators met the terms of the agreement by their next scheduled court appearance, Oct. 6.

If the protesters meet the terms of the agreement, Clark said, they wouldn’t have to appear in court. Any violators would be required to make an appearance and potentially face additional penalties.

One term of the agreement is that demonstrators arrested March 18 must stay away from Pelosi’s office in the Cannon House Office Building unless invited in writing. Another term is that the protestors must not be arrested under probable cause before Oct. 6.

Additionally, Clark said the two protesters who are D.C. residents, Carmona and Ames, must complete 60 hours of community service. Clark noted that because Kirven and Wright aren’t D.C. residents, the D.C. government doesn’t have jurisdiction to require them to meet this term of the agreement.

Clark said another term of the agreement is that protesters cannot engage in activity in the U.S. Capitol that the U.S. attorney’s office deems disruptive.

But she noted that Judge Harold Cushenberry said in court he wouldn’t enforce this part of the agreement because he didn’t think the agreement clearly defined what the U.S. attorney’s office might find disruptive.

The protesters who consented to the agreement said they were happy with the outcome of the proceedings.

Ames, a queer D.C. resident, said she’s “actually quite excited” to do the community service assigned to her as part of the agreement. She planned to fill her time with Transgender Health Empowerment in D.C.

Noting that the ENDA protesters who were arrested weren’t transgender, Ames said being arrested as a transgender person is “so much more dangerous.”

“Working for an organization that does community service that is working making that right and working toward making the prisons safer for transgender folks in the area is, I think, something that I should feel fortunate to have the opportunity to do,” she said.

Carmona, a lesbian D.C. resident, called the court agreement “just another step” toward “getting ENDA passed for equality.”

“So, I think I don’t really feel a sense of joy or accomplishment so much as I feel like we just took another step,” she said. “It’s definitely not party time.”

Noting that an early version of ENDA was first introduced in the U.S. House in 1974, Carmona said that LGBT people have been waiting “close to 40 years for basic employment protections, and we’re not going to wait another 40.”

Clark said after the protesters’ court appearance that the agreement was a “very good outcome.”

“The U.S. attorney’s office has a couple different mediums where they’ll try and work things out, and this is the best one,” she said. “It doesn’t require a guilty plea. It’s a very good deal.”

The protesters also expressed satisfaction with the result of their protest. Ames said she thought the protest led to showing sufficient votes exist to pass ENDA, despite claims to the contrary.

As she was being handcuffed at the end of her protest March 18, Ames said a member of Pelosi’s staff asked her if she thought there were enough votes to pass ENDA.

“And I said, ‘Yes,” Ames said. “And she said, ‘We don’t.’ And I said I really wish we could have had this conversation earlier because I would have liked to have this conservation with her.”

Following her arrest, Ames said media reports emerged quoting Rep. Tammy Baldwin (D-Wis.) as saying that enough support existed in the House to pass ENDA.

“So the fact that that was starting the next day — I don’t want to make this about egos, I want to make this about ENDA — but it would seem that it got something accomplished,” she said.

Present in the courtroom Tuesday to show support for the ENDA protesters was Lt. Dan Choi, who was arrested the same day after chaining himself to the White House fence in opposition to “Don’t Ask, Don’t Tell,” and Robin McGehee, co-chair of GetEqual.org, which helped coordinate the protests.

Choi said he wanted to show his support for the ENDA protesters because the shared experience of being arrested following their respective protests is “in a lot of ways, like being in combat.”

“We have waged war against inequality,” he said. “Sometimes, as soldiers, you don’t have a lot of money, you don’t have a lot of trappings of what we have in terms of political power — but we have each other, and until we have full equality, this is a battle that none of us are going to step away from.”

Asked whether further acts of civil disobedience could occur to further LGBT civil rights, Choi replied, “Of course,” and said that he personally plans to take part in such protests.

“Until we have that American promise of equality and access to truth and truthful living manifest to everyone, it has to continue,” he said.

McGehee said GetEqual.org is planning further acts of civil disobedience to push for LGBT civil rights.

“We will be back and we will continue to organize non-violent civil disobedience throughout D.C. and other areas across the United States until we’re equal,” she said.

McGehee declined to offer any details, but said she expects the next such event will occur in D.C. before the end of April.

“Our goal with GetEqual is to create the lunch-counter moments that so clearly defined the civil rights movement around racial justice,” she said. “In an equality movement, we believe that we need to create those images that highlight the injustices that are clearly out there.”

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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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