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National news in brief: April 22

N.Y. groups join forces in renewed marriage fight; video footage from Prop 8 battle unleashes controversy

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Cuomo to help with marriage campaign

NEW YORK — New York Gov. Andrew Cuomo has pledged support for a same-sex marriage bill in his state that gay activists hope will help overcome Republican resistance, the New York Times reported this week.

Under the supervision of the governor’s staff, the groups intend to raise more than $1 million for a media blitz, hire a powerful political consultant close to the Cuomo administration and deploy field organizers to the districts of more than a dozen key lawmakers to drum up support, the Times reported citing interviews with those involved in the effort.

In contrast to their failed drive for a marriage bill two years ago, the advocates envision a short, disciplined and intense run-up to a vote in the legislature, raising the prospect that gay couples may be allowed to wed in New York by early summer. The hope to avoid the mistakes and miscommunications of 2009, when those lobbying for same-sex marriage sent conflicting messages, misjudged the opposition and won far fewer votes than they had predicted, the Times story said.

After passing in the Assembly, the bill was defeated in the Senate, 38 to 24. Four gay rights groups — Empire State Pride Agenda, HRC, Freedom to Marry and Marriage Equality will form a single organization called New Yorkers United for Marriage. Two Democratic senators who voted against the bill in 2009 have since departed, replaced by supporters of the bill. Advocates now need to attract six more senators to ensure its passage. So far, they are focusing on about 15 lawmakers, Democrats and Republicans, whose votes could prove pivotal, the New York Times said.

Marriage foes intervene in Prop 8 trial controversy

SAN FRANCISCO — The federal judge who presided over the Proposition 8 trial is under fire from Christian conservatives for showing a three-minute videotape of the trial on the lecture circuit, the Los Angeles Times reported this week.

The sponsors of the 2008 ballot measure that banned same-sex marriage have asked a federal appeals court to order retired Judge Vaughn Walker, who ruled against Proposition 8, to return the videotape so it can be put under lock and key. The Associated Press reported that several media organizations are joining lawyers for two gay couples in urging a federal appeals court to release the tapes. The 13 organizations, which include the AP, argued in a motion filed Monday with the 9th U.S. Court of Appeals that the videos are court records and the First Amendment requires them to be open to the public.

Lawyers for ProtectMarriage, the Proposition 8 campaign, have told the 9th Circuit that Walker’s use of the video recording “defied” the U.S. Supreme Court, violated his own court order sealing the video, flouted various court policies and amounted to judicial misconduct, the Times reported.

Walker, who presided over the 12-day trial in San Francisco last year, initially planned to videotape the proceedings for public viewing. But ProtectMarriage objected and took its case to the U.S. Supreme Court, which ruled 5-4 along ideological grounds against cameras in the courtroom. The high court’s conservatives said the Proposition 8 trial was unsuitable for broadcast because witnesses might be intimidated or suffer retaliation. Walker relented but permitted videotaping for the court’s use and for viewing by an overflow crowd in another courtroom.

Gay students warned to ‘act straight’ after attack

ROCK HILL, S.C. — The attack of a gay teenager by a group of men at a Rock Hill, S.C., gas station has some Winthrop University leaders warning gay students to “act straight,” according to a report from WBTV, a news agency in the region.

The warning comes after 19-year-old Joshua Esskew was beaten by a group of at least eight men at the Spot Convenience Store on 990 South Cherry Road on April 9.  Esskew believes the attack happened because he is gay. The attack has sparked an investigation by the FBI and the York County Sheriff’s Office, who are hoping to identify the men who attacked Esskew.

Images of the attack, which was caught on surveillance video, have been released to the public, in hopes of identifying the men, WBTV said. Esskew said he was walking to the gas station when someone yelled a derogatory anti-gay comment at him. Words were exchanged and when he turned back around, someone hit him in the head with a 40-ounce malt liquor bottle. He was then beaten by at least eight men for nearly 15 seconds, being kicked and punched by the group.

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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

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U.S. Supreme Court (Washington Blade photo by Michael Key)

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.

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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

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

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.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

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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