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Anti-gay Bush official sentenced to jail

Bloch guilty in criminal contempt of Congress case

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Bloch

A Bush administration official who came under criticism for refusing to enforce anti-discrimination policies protecting gay federal workers was sentenced on March 30 to one month in jail on a charge of criminal contempt of Congress.

Scott J. Bloch, who served as head of the U.S. Office of Special Council from 2004 to 2008, is appealing the sentence, which was handed down in Washington by U.S. District Court Magistrate Judge Deborah Robinson. Robinson also sentenced him to one year of unsupervised probation and 200 hours of community service.

She agreed to put a stay on the sentence while Bloch’s attorney, William Sullivan, files an appeal with the U.S. Court of Appeals for the District of Columbia. Sullivan said the appeal is based on Bloch’s contention that he did not know the offense of contempt of Congress, to which he pleaded guilty in April 2010, carries a required minimum sentence of 30 days in jail.

The appeal seeks to overturn Robinson’s denial last month of a motion by Bloch to withdraw his guilty plea.

Robinson said she interpreted the statute to include a required jail term of at least one month for those convicted of or who plead guilty to criminal contempt of Congress. She noted that at the time Bloch pleaded guilty, he explicitly acknowledged — in response to her questions in the courtroom — that a prosecutors’ plea bargain agreement he accepted did not prevent her from sentencing him to a prison term of up to six months.

Sullivan strongly disputes her interpretation of the statute, saying in court papers that two other judges have sentenced people convicted under the contempt of Congress statute to probation without any jail time. Robinson said those cases were irrelevant because the statute gives her discretion to sentence Bloch to up to six months in jail.

Bloch’s sentencing last week marked yet another twist in a seven-year saga that began in 2004, upon his appointment by President George W. Bush as head of an office charged with protecting federal employees from discriminatory personnel practices. The independent Office of Special Counsel, which Bloch headed, is also charged with protecting federal employees who become whistleblowers by disclosing corruption or gross incompetence within federal government agencies.

Immediately upon taking office, Bloch announced that he disagreed with a longstanding interpretation of a U.S. civil service law believed to protect federal workers from job-related discrimination based solely on their sexual orientation. Saying he interpreted the statute to limit its coverage of gays to matters involving “homosexual acts,” Bloch said gay or lesbian federal employees could no longer be protected against improper personnel practices based on their sexual orientation.

His position on gay federal workers triggered an immediate outcry from LGBT advocacy organizations and their allies in Congress. A spokesperson for Bush surprised some political observers when he said it remained the policy of the White House and the administration that gay or lesbian federal workers were, in fact, protected against sexual orientation discrimination.

LGBT rights groups, while expressing appreciation for the Bush administration statement, pointed out that Bloch appeared to be ignoring the statement by continuing to operate the Office of Special Counsel as if gay and lesbian federal employees were not protected.

In addition to criticism over his position on gay federal workers, Block came under attack over allegations that he improperly sought to purge employees in his office who disagreed with him, including at least two gay employees. The latter allegations led to a congressional investigation into Bloch and the Office of Special Counsel.

Allegations that eventually led to his being charged with contempt of Congress began in 2006, when investigators raised questions about whether Bloch arranged for a computer services company called Geeks on Call to “scrub” files from his office computer as well as from the computers of two of his political appointees at the Office of Special Counsel.

Bloch was under investigation at the time by the inspector general of the U.S. Office of Personnel Management that he allegedly improperly retaliated against former Office of Special Counsel employees.

In May 2008, the FBI raided Bloch’s office and home, confiscating computers and various files. In October 2008 the White House requested and received his resignation.

The case docket for the U.S. District Court, which is now handling Bloch’s criminal case, shows that his sentencing date was postponed several times since he pleaded guilty nearly a year ago. The main cause of the postponements has been his attorney’s dispute with the judge over whether the contempt of Congress statute carries a mandatory jail term of at least 30 days.

In an unusual development, federal prosecutors joined defense attorney Sullivan in arguing in court filings that they did not agree with Robinson’s interpretation that the statute carries a required jail term. Assistant U.S. Attorney Glenn Leon, the lead prosecutor in the case, argued in court papers that the government believes the statute gives judges discretion to sentence someone to probation without a prison term.

“Both parties entered into the plea agreement believing that 2 U.S.C. 192 [the contempt of Congress statute] was a probation-eligible offense,” Leon said in a court brief. “In light of the Court’s ruling to the contrary, the government believes that fairness requires it to not oppose the defendant’s motion to withdraw, because otherwise the plea agreement would not reflect what the parties negotiated and agreed to in good faith.”

Some critics, including gay blogger John Aravosis of AmericaBlog, questioned whether the Obama administration was siding with Bloch to prevent a legal precedent that could result in the jailing of Obama administration officials who might get into trouble with the law in the future.

During a court hearing last week, Robinson agreed to consider another request by Sullivan that she allow Bloch to serve his one-month jail sentence in home confinement if the sentence is upheld on appeal.

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Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

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(Photo by Sergei Gnatuk via Bigstock)

Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.

That has now changed.

Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.

This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.

The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.

Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.

The issue lies in how the law is applied.

Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.

Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.

The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.

The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.

This case does not exist in isolation.

It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.

Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.

From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.

The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.

Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.

That process does not guarantee an immediate outcome, but it shifts the ground.

The debate is no longer theoretical.

It is now before the courts.

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National

LGBTQ community explores arming up during heated political times

Interest in gun ownership has increased since Donald Trump returned to office

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Gun rights organizations and advocates say interest in gun ownership seems to have increased in the LGBTQIA+ community since President Donald Trump returned to the White House last year. (Photo by Kaitlin Newman for the Baltimore Banner)

By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.

Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.

“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”

Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.

The rest of this article can be read on the Baltimore Banner’s website.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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