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Rejected gay judicial nominee speaks out

Alter says media ‘falsely reported’ anti-Christian views

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A gay New York attorney whose nomination to the federal bench was rejected by the White House over anti-Christian comments he allegedly made claims that media outlets mischaracterized his views.

In an Oct. 21 letter to the Washington Blade, Daniel Alter said media outlets misrepresented his views on inclusion of the phrase “under God” in the Pledge of Allegiance and the practice of wishing shoppers “Merry Christmas” during the holidays.

The Blade this week published those reported statements as they were presented in a 2005 article from Cybercast News Online and a 2004 article in The New Republic.

“Having read the [Blade] article, I am concerned that other readers might come away believing that I am hostile to the seasonal greetings ‘Merry Christmas’ and that I personally object to the Pledge of Allegiance,” Alter writes. “Neither is true.”

In February, Sen. Chuck Schumer (D-N.Y.) announced his recommended nomination of Alter to serve as a judge for the U.S. District Court in the Southern District of New York.

But informed sources told the Blade the White House rejected the nomination over the statements perceived as anti-Christian.

Alter was previously an assistant U.S. attorney for the Southern District of New York and specialized in First Amendment and terrorism issues. He also served as national director of the civil rights division of the Anti-Defamation League, an organization that works to fight anti-Semitism.

Had the Senate confirmed Alter to the position, he would have become the first openly gay male to serve on the federal bench.

In his letter to the Blade, Alter says the CNS article that quotes his views on “Merry Christmas” took his “words entirely out of context.”

“As National Civil Rights Director for the Anti-Defamation League, it was my job to express ADL’s view that — especially at holiday time — people should appreciate that different faith traditions celebrate differently, and children’s schools and other public institutions should try to acknowledge these diverse customs when they sponsor holiday events,” Alter says. “In short, the message was that holiday time should be a time for warmth and inclusion, not division and exclusion.”

The quote from the 2005 CNS article reads: “Our diversity has made us great and will continue to make us great and [‘Merry Christmas’] undermines both the holiday spirit as well as the message I think Americans should be sending to each other.”

Alter attached to his letter to the Blade a 2005 e-mail he sent to the communications staff at the Anti-Defamation League saying CNS News “falsely reported” his remarks.

“I feel strongly that we should send a correction for the record,” Alter said at the time. “I do not want to go down as someone who is hostile to ‘Merry Christmas.’”

Deborah Lauter, current director of civil rights for the Anti-Defamation League, has told the Blade her organization “should have insisted” the record be corrected at the time.

CNS News didn’t immediately respond to the Blade’s request for comment on the accuracy of the Alter quote.

In the letter to Blade, Alter also takes issue with the way his views of the phrase “under God” in the Pledge of Allegiance were presented in the 2004 article in The New Republic and says his fidelity to the pledge has “never waivered.”

“Not while I recited it on a daily basis in elementary school, not while I served in the United States Department of Justice for almost eight years, and not while I worked at ADL earnestly defending the fundamental right of all who live in this nation to practice their faith freely and enthusiastically, or not to be religious, depending upon their individual conscience,” Alter says.

In his letter, Alter doesn’t explicitly state that he was misquoted in The New Republic article in 2004 or that the piece merited a correction.

Lauter has told the Blade that Alter said he doesn’t recall speaking to The New Republic reporter who quoted him in the article.

The New Republic article quotes Alter as saying that the U.S. Supreme Court case Elk Grove United School District v. Newdow, which challenged inclusion of “under God” in the Pledge of Allegiance, was “a good case at the wrong time.” Additionally, the article reports that Alter was “relieved” the Supreme Court decision “left open a window for future challenges.”

The New Republic didn’t immediately respond to the Blade’s request for comment on whether it stands by its reporting from 2004.

Based on the reported statements, the White House and Schumer reportedly determined that Alter wouldn’t be able to reach the 60-vote threshold needed in the Senate to overcome a filibuster of his nomination. It’s unclear when the decision to reject Alter was made.

The rejection disappointed many of his supporters, who urged the White House and Schumer to reconsider the decision and push him through the Senate. Schumer has since recommended the nomination of another openly gay man for the position on the judiciary.

Shin Inouye, a White House spokesperson, addressed the rejection of Alter’s nomination in a statement to the Blade.

“The White House does not comment on Presidential appointments that have not been announced,” Inouye said. “But all potential nominees are considered on the basis of their qualifications.”

Inouye said the president is committed to appointing “highly qualified individuals” for each post and “is proud that his appointments reflect the diversity of the American public.”

“We have already made a record number of openly LGBT appointments — including appointments to the judicial branch — and we are confident that this number will only continue to grow,” Inouye said.

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National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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