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Gay judicial nominee sails through breezy hearing

Oetken says he values ‘moderation and judicial modesty’

Published

15 years ago

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J. Paul Oetken (Blade photo by Michael Key)

A New York attorney who could be the first openly gay man to serve on the federal bench breezed through a confirmation hearing on Wednesday during which faced only softball questions from Democratic senators.

J. Paul Oetken, nominated by President Obama in January to serve as U.S. District Judge for the Southern District of New York, faced no opposition during a Senate Judiciary Committee hearing that only Sens. Chuck Schumer (D-N.Y.) and Chris Coons (D-Del.) attended.

In his opening statement, Oetken mentioned his partner, Charkrit “Makky” Pratayot, was in the room supporting him in addition to his brother and sister. Oetken said his father wanted to attend the hearing, but was unable because he was recovering from surgery.

Schumer recommended the nomination of Oetken to the president in September. During the hearing, the senator said he values “moderation and judicial modesty” in judicial nominees. Schumer questioned Oetken, along with the other three nominees giving testimony before the panel, what those words mean to him as well as what qualities he thinks are most important in a judge.

In response, Oetken said he agreed that moderation and judicial modesty and “crucial characteristics” for someone sitting on the bench. The nominee said the notion of judicial modesty has two parts: following precedent and decisions from higher courts as well as only deciding a case before a judge and not going beyond the controversy at hand.

“There are learned opinions that are decided for judges … in the Second Circuit and the Supreme Court [that] govern all decisions in the district court in the Southern District,” Oetken said.

Prior to his nomination as a federal judge, Oetken was practicing law at Debevoise and Plimpton. Since 2004, has served as associate general counsel at Cablevision. From 1999 to 2001, Oetken was associate counsel to President Clinton and specialized in First Amendment issues, presidential appointments, ethics, civil rights, and legal policy.

Oetken is also no stranger to roles as an LGBT advocate. The nominee has been involved with Lambda Legal and the American Civil Liberties Union. Additionally, Oetken co-authored a U.S. Supreme Court friend-of-the-court brief in Lawrence v. Texas, which struck down sodomy laws throughout the country.

In his opening statement, Schumer commended Oetken for his qualifications and reputation for moderation, but also noted the significance of having the first openly gay male judge to sit on the federal bench.

“I also look for candidates who bring diverse views and backgrounds to the bench,” Schumer said. “Paul is the first openly gay man to go through an Article III confirmation process in this country, which makes this moment historic. But long after today, what the history books will note about Paul is certain to be his achievements as a fair and brilliant judge.”

Along with Oetken, the committee considered during the hearing three other nominations: Bernice Bouie Donald, who’s been nominated to become U.S. circuit judge for the Sixth Circuit; Paul Engelmayer, who’s also been nominated to become a U.S. district judge for the Southern District of New York; and Ramona Villagomez Manglona, who’s been nominated to become a judge for the district court for the Northern Mariana Islands.

Whether Oetken becomes the first openly gay male federal judge remains to be seen. Obama in January also nominated another openly gay man to the federal bench, Edward DuMont. The president tapped him to serve as an appellate judge and to sit on the U.S. Court of Appeals for the Federal Circuit.

Whether the Senate first grants Oetken or DuMont confirmation will determine who becomes the first openly gay male to serve on the federal bench. Should DuMont receive confirmation, he would also become the openly LGBT federal appellate judge.

While Oetken could be the first openly gay male to serve on the federal bench, he wouldn’t be the first openly LGBT person. In 1994, President Clinton nominated Deborah Batts, an out lesbian, to serve as federal judge also for the U.S. District Court of the Southern District of New York.

Sen. Chuck Schumer (Blade photo by Michael Key)

Following the hearing, Schumer acknowledged to the Washington Blade the significance of the nomination of Oetken and he commended the nominee for his other qualities.

“There are three standards when I nominate judges: excellence — the should be legally excellent and not a political hack; moderation — I don’t like judges too far right; I don’t like them too far left because they tend to make law; and third is diversity in all its ramifications,” Schumer said. “I’ve worked very hard to diversify the bench and find nominees that meet all three criteria. I’m very proud to nominate Mr. Oetken because it shocked me, basically shocked me, when I heard no openly gay man had been nominated to the federal bench anywhere, and there are hundreds of judges.”

Schumer said the timing for when the panel will consider reporting the nomination to the floor is up to Chairman Patrick Leahy (D-Vt.). Still, Schumer said he hopes the vote will come “as soon as possible.”

Erica Chabot, a Judiciary Committee spokesperson, said senators have up to March 23 to submit written follow-up questions for Oetken.  After the responses are returned to the panel, the chairman can list the nomination for a vote during an upcoming meeting.

The Senate is considering the nomination of Oetken after the White House rejected the nomination of Daniel Alter, another New York attorney and former director of civil rights for the Anti-Defamation League, for the same position.

In October, the Washington Blade reported that the White House rejected the Alter nomination, which was recommended by Schumer, based on comments he reportedly made challenging inclusion of the phrase “under God” in the Pledge of Allegiance and suggesting that merchants not wish shoppers “Merry Christmas” during the holidays. Alter has denied he made the reported comments.

Asked why Alter was never nominated, Schumer told the Washington Blade the White House never announced the Alter nomination for “private” issues, but declined to elaborate.

“There were internal reasons related to some issues, but nothing to do with gender, sexual orientation,” Schumer said.

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

Published

17 hours ago

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March 26, 2026

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

Published

1 day ago

on

March 25, 2026

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

Published

2 days ago

on

March 24, 2026

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The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.

Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.

The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”

Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.

During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.

Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.

Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.

The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.

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