National
Tongues wagging over gay Cabinet member
Will Obama name nation’s first gay commerce secretary?
An upcoming vacancy in the White House cabinet has tongues wagging in the LGBT community over whether President Obama will make history by appointing an openly gay commerce secretary.
Last week, Obama announced his nomination of current Commerce Secretary Gary Locke to become U.S. ambassador to China. Provided he meets the 60-vote threshold to receive Senate confirmation, the vacancy created by Locke’s departure would create the opportunity for the appointment of an openly LGBT person to his former role.
The nomination of an openly LGBT person to the position of commerce secretary would be historic because no openly LGBT person has ever been nominated for a cabinet-level position.
Justin Nelson, president of the National Gay & Lesbian Chamber of Commerce, said the appointment of an openly LGBT commerce secretary would be fantastic and bolster the relationship that already exists between the Commerce Department and LGBT people.
“I think it would only seek to strengthen that relationship and mean a lot for not only LGBT-owned businesses, but businesses in general,” Nelson said.
Nelson noted that Locke signed a memorandum of understanding with NGLCC to collaborate on key department initiatives, which will remain in effect for five years. Among other things, the partnership helps promote contracting opportunities for LGBT-owned small businesses with the U.S. government.
Richard Socarides, president of Equality Matters, also said the nomination of an openly LGBT person to the role of commerce secretary would be significant for the Obama administration.
“I think it would be an important first for there to be an openly gay cabinet member, and I think President Obama, while he’s president, should definitely try to make that happen,” Socarides said.
But Socarides added the LGBT community is “a little bit beyond the politics of appointments” and said nominating an openly LGBT commerce secretary would be less significant than other actions Obama could take.
The LGBT community would be better served, Socarides said, by the appointment of an LGBT person within the president’s circle of close advisers, where he or she could have an important impact on LGBT issues.
“I would love to see a gay cabinet member, but I think it’s more important that President Obama put somebody at the White House with seniority in charge of LGBT policy issues,” Socarides said.
The Presidential Appointments Project, a Gay & Lesbian Victory Fund-led initiative, has been pushing for the appointment of openly LGBT officials within the Obama administration. The Victory Fund declined to comment for this article.
Fred Hochberg, who’s gay and director of the Export-Import Bank of the United States, has emerged at the top of the list of LGBT business experts who could fill the role of commerce secretary.
Hochberg, who has a background in business management and once served as deputy administrator of the Small Business Administration, was cited in 2009 as a contender for the position of commerce secretary when it was first open in the Obama administration.
Socarides said Hochberg is a solid contender for the position because he’s close to the president and “extremely well qualified.”
“Fred is perpetually on the list of people who would be a good commerce secretary because he’s part of the Democratic establishment, he’s served and been confirmed before and he has a stellar business background,” Socarides said. “He certainly, I’m sure, would be on anybody’s short list.”
Nelson also said Hochberg would be a fantastic choice for the position of commerce secretary because of his previous work in the administration.
“The work that he’s done at the Export-Import Bank and his commitment to helping build exports for the next five years has been a huge help to the president and the administration,” Nelson said. “Certainly, his understanding of business and commerce would serve the president well.”
Phil Cogan, an Export-Import Bank spokesperson, said Hochberg would be happy to engage in any position the president asks him to fill during the course of the Obama administration.
“He’s honored to have the job he has now, but he would serve the administration in any way that he’s asked to,” Cogan said.
Another openly gay contender for the position of commerce secretary could be Jim Kolbe, a former Republican congressman from Arizona. An expert on trade, Kolbe left Congress and now works as a fellow at the German-Marshall Fund, where he has specialized in trans-Atlantic trade issues.
Nelson counted Kolbe as among those who could fit the bill for commerce secretary.
“He has a firm understanding of policy,” Nelson said. “Certainly having served on the board of Export-Import Bank, having served in Congress and his work on behalf of the business and the LGBT community would make him another excellent choice.”
Kolbe endorsed Republican presidential nominee John McCain during the 2008 election, which could work against him in winning a position within the Obama administration.
Kolbe told the Blade it is highly unlikely he is under consideration for the post.
Potential openly gay nominees would have to compete with a handful of other high-profile contenders for the position. According to Bloomberg News, those who are under consideration are former Pfizer CEO Jeffrey Kindler, Google CEO Eric Schmidt and Ron Kirk, a U.S. trade representative who has undertaken a leading role in pressing the Obama administration’s trade agenda.
Shin Inouye, a White House spokesperson, wouldn’t rule out that the president would nominate an openly LGBT person as commerce secretary.
“The president will consider a range of qualified candidates, but we are at a very early stage in the process and no decisions have been made,” Inouye said.
Whatever the sexual orientation of the next commerce secretary, LGBT rights supporters maintain the new official could take action that would benefit LGBT Americans as a whole.
Socarides said an important role for the commerce secretary would be to bolster efforts for passage of the Employment Non-Discrimination Act to protect LGBT Americans in the workplace.
“The commerce secretary should be a strong advocate for ENDA,” Socarides said. “ENDA is about basic fairness in American business and the only way we’re going to get that bill through the Congress is if business advocates for it, especially this Congress, which seems very focused on doing what’s right by and for business.”
Socarides said the commerce secretary ought to point out that an increasing number of companies on the Fortune 500 list have non-discrimination policies based on sexual orientation because it makes them more competitive in the marketplace.
Similarly, Nelson said the next commerce secretary should promote legislation in Congress that would eliminate the federal tax paid on employer-provided health coverage extended to LGBT workers with same-sex partners. In the previous Congress, the bill was known as the Tax Equity for Health Plan Beneficiaries Act.
“That’s something that should be common sense whether you’re a Democrat or Republican, whether you’re gay or straight,” Nelson said. “The fact of the matter is, for small businesses in particular, it’s a real burden to have that additional tax to offer domestic health care benefits.”
But Nelson said the next commerce secretary should fit the mold of Locke and understand generally the importance of business to the economy.
For example, Nelson said the official should support tax credits to allow small businesses to invest in infrastructure and promote international trade opportunities.
“It doesn’t matter what your ethnic background is, what your sexual orientation or gender identity is, when it comes to business, it means we’re here to help the American economy and help folks like many LGBT businesses that are a part of this small-business engine that’s getting our economy back on track,” Nelson said.
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

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.
National
Medical groups file lawsuit over Trump deletion of health information
Crucial datasets included LGBTQ, HIV resources

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.
U.S. Federal Courts
Federal judge scraps trans-inclusive workplace discrimination protections
Ruling appears to contradict US Supreme Court precedent

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.