National
Byrd ‘evolved’ on LGBT issues
Despite mixed track record, W.Va. senator was beloved

Sen. Robert Byrd, who died Monday after serving six decades in Congress, slowly moved from opposing to backing several LGBT civil rights bills. (Photo courtesy of Byrd’s office)
U.S. Sen. Robert Byrd of West Virginia, who died Monday after serving a record 57 years in the U.S. Senate, evolved from a socially conservative Democrat who opposed nearly all LGBT civil rights initiatives to an elder lawmaker who backed several important pro-gay bills.
“I think you can say that he moved forward and started to understand the basic humanity of all West Virginians, including LGBT West Virginians,” said Stephen Skinner, an attorney who serves as president of the board of the statewide LGBT group Fairness West Virginia.
Skinner, a native West Virginian who said he spoke with Byrd many times over the years, acknowledged that the senator said many “bad things” about LGBT-related issues.
But Skinner joined many political observers in West Virginia to remember Byrd this week more for the massive infusion of federal funds and resources he secured for his state that resulted in economic development and jobs for residents long plagued by poverty.
“I would say he was universally beloved, including by the LGBT people in the state, whose affection for him often override most of his decisions” on LGBT-related issues, Skinner said.
“Everywhere you go, we were all affected by what he did. And everybody believes he did so much for the country that everything he did for the state was deserved,” said Skinner.
Allison Herwitt, director of legislative affairs for the Human Rights Campaign, pointed to HRC’s congressional scorecard ratings for Byrd, which range from a low of 13 of 100 for the 108th Congress to a high of 60 two years ago in the 110th Congress, the most recent rating.
HRC gave him ratings in the 25-to-35 range in most years beginning in the 1990s. The ratings are based on votes, stances and attitudes toward LGBT- and AIDS-related issues.
“Over the years he’s had a very mixed record on LGBT equality,” Herwitt said.
Among other things, Byrd voted in 1996 for the Defense of Marriage Act, which bars the federal government from recognizing same-sex marriages. That same year, he voted against the Employment Non-Discrimination Act, which would have banned most private-sector employers from engaging in employment discrimination based on sexual orientation.
In a lengthy floor speech during the Senate debate on DOMA, Byrd cited how some historians linked the decline and fall of the ancient Roman Empire to homosexuality.
“But when it came to being there for hate crimes and on ‘Don’t Ask, Don’t Tell,’ he voted for equality and moving forward,” Herwitt said. “And so he is one of those people that, over the course of his political career, he certainly has evolved on our issues.”
Byrd voted last year for a hate crimes measure that authorizes the federal government to prosecute crimes that target people for their sexual orientation or gender identity. The measure became the first LGBT-inclusive civil rights bill to pass Congress.
Earlier this year, Byrd supported a compromise provision to repeal “Don’t Ask, Don’t Tell” in a close vote in the Senate Armed Services Committee. Capitol Hill sources said Byrd’s staff on the committee helped draft the compromise language that was credited with persuading enough members of the panel to pass it.
Byrd’s position on a proposed constitutional amendment to ban same-sex marriage was less clear. When same-sex marriage opponents proposed the Federal Marriage Amendment before the Senate in 2004, Byrd voted to end a filibuster backed by Senate Democratic leaders, who sought to block the measure from coming up for a full vote.
A motion to end the filibuster failed by a vote of 48 to 50; two senators were absent at the time of the vote. Sixty votes are needed to end filibusters.
Some observers considered a vote for ending the filibuster a sign that senators supported the amendment. But Skinner said members of Byrd’s staff told him that Byrd “opposed messing with the constitution” on matters of same-sex marriage and planned to vote against the amendment if it reached the floor for a direct vote.
A gay former member of Byrd’s staff, who spoke this week on condition of anonymity, said Byrd was a strong advocate of full debate on important issues before the Senate. The former staffer agreed with Skinner’s assessment that Byrd, a recognized constitutional scholar, would likely have voted against the same-sex marriage amendment in a direct Senate vote.
“I don’t think he understood gays,” said the former staffer. “It was not part of his social lexicon. Yet it was clear that there had been an evolution on gay issues.”
Herwitt said Byrd appeared to have been influenced by the greater visibility of LGBT people in his home state and throughout the country.
“I think as the country evolves on our issues, so do peoples’ understanding of what LGBT equality means for people,” she said. “I’m sure in the beginning of his career, when people weren’t out and living open and honestly, it was different. As he made it through the end of his career, he was working on Capitol Hill where people who are working for you and working for other senators are out and openly gay, so I think that also has an impact.”
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

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.
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

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.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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