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Stark introduces adoption anti-discrimination bill

Calif. lawmaker wants Obama to endorse measure ‘wholeheartedly’

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Reps. Pete Stark (left) and Jim McGovern on Tuesday introduced the Every Child Deserves a Family Act (Blade photo by Michael Key)

A U.S. House member from California on Tuesday introduced legislation that would bar discrimination against LGBT people in adoption cases while calling on President Obama to endorse the bill “wholeheartedly.”

During a news conference, Rep. Pete Stark (D-Calif.), the sponsor of the legislation, known as the Every Child Deserves a Family Act, said he wants the White House to support his bill fully in response to a question from the Washington Blade on what he’d like to see from the administration on the issue.

“I’d like to see the administration support our position more definitively,” Stark said. “I’ve had some troubles often determining where the administration is on issues, and I think it’s time that President Obama steps up to the bar and makes this — supports it wholeheartedly.”

Shin Inouye, a White House spokesperson, said in a statement that Obama believes that adoption rights should be afforded to all Americans and supports the goals of the legislation, but stopped short of offering an explicit endorsement of Stark’s bill. The lack of outright support is unlike the president’s position on other pro-LGBT initiatives, such as the Employment Non-Discrimination Act or “Don’t Ask, Don’t Tell” repeal.

“The president has long believed that we must ensure adoption rights for all couples and individuals, regardless of their sexual orientation,” Inouye said. “He recognizes that adoptive families come in many forms, and that we must do all we can to break down barriers to ensure that all qualified caregivers have the ability to serve as adoptive families. While we have not reviewed this specific legislation, we share its goals to expand adoption rights and move the dialogue forward on this issue.”

The Every Child Deserves a Family Act, which has 33 original co-sponsors, would restrict federal funds for states that allow discrimination in adoption or foster care placement based on the sexual orientation, marital status or gender identity of potential parents — as well as LGBT children seeking homes. Sen. Kirsten Gillibrand (D-N.Y.) is expected to introduce companion legislation in June in the Senate.

Some states recently have taken steps to inhibit potential LGBT parents from adopting. Last month, Arizona Gov. Jan Brewer (R) signed legislation that would give primary consideration in adoptive placement to opposite-sex married couples. Additionally, Virginia’s State Board of Social Services recently rejected adding protections against discrimination in adoption cases on the basis of sexual orientation as well as other statuses.

At the news conference, Stark billed the legislation as a means to ensure children living in the foster care system have access to a greater number of adoptive families — including households with single parents or same-sex parents.

“What’s in the child’s best interest is what the bill is trying to promote,” Stark said. “There is no information that shows that children raised by a single parent or gay or lesbian parent households have any more or less problems than all other children.”

According to Stark’s office, the U.S. government spends more than $7 billion each year on a foster care system against potential single and LGBT parents and allows around 25,000 children age out annually. More than 500,000 children are in foster care and 120,000 of them available for adoption.

Rep. Jim McGovern (D-Mass.), an original co-sponsor for the bill, said the Every Child Deserves a Family Act is necessary to eliminate discrimination against potential LGBT parents and to iron out the differences in adoption policy throughout the country.

“Automatically disqualifying LGBT parents from adoption just because of sexual orientation is wrong,” McGovern said. “It makes no sense, especially when so many children are in foster care waiting to be adopted. The current patchwork of unfair state laws and policies … is denying multiple kids to permanent safe and stable homes.”

The issue of LGBT adoption has already emerged as an issue for a Republican who could be considering a run in the 2012 presidential campaign. According to Think Progress, former U.S. Sen. Rick Santorum, who’s widely expected to be eyeing a White House bid, said in a speech Monday before the FAMiLY Leader in Iowa that adoption is a “privilege” to which LGBT people aren’t entitled.

“A lesbian woman walked up to me and said, ‘Why are you denying me my right?’” Santorum said. “I said, ‘Well, because it’s not a right.’ It’s a privilege. It’s a privilege that society recognizes because society sees intrinsic value to that relationship over any other relationship.”

During the news conference, Stark blasted Santorum for his anti-gay comments and said the former senator’s opinion is no longer relevant because he was voted out in 2006.

“Rick who?” Stark said. “There was a guy in Congress years ago named Santorum, but I think he left. He lost, but [has been] following that path ever since. I think that’s nonsense.”

Organizations that work on LGBT advocacy and child welfare — including the Family Equality Council and Parents, Families & Friends of Lesbians & Gays — praised Stark for introducing the legislation as means to end discrimination and allow more children to find homes.

Linda Spears, vice president of policy and public affairs for the Child Welfare League of America, said passage of the Every Child Deserves a Family Act would help ensure children who are waiting in foster care can find homes.

“We must recognize that statutory frameworks are absolutely essential in order to get this job done,” Spears said. “We cannot have policies in which kids are systemically disadvantaged by state law and by state policy. We cannot have policies that disadvantage and allow children to linger in foster care, those who categorically exclude certain families and put other kids in legal limbo because second parents are not allowed to adopt.”

Jennifer Chrisler, executive director of the Family Equality Council, similarly said the legislation is needed to counter what she called “despicable” attempts at the state level aimed at impairing the right to adopt for LGBT people.

“These efforts are divisive, there are despicable, and they push a political agenda at the expense who some of those children who are most vulnerable — the thousands of kids who are living in foster care, [excluding them] from loving, permanent homes,” Chrisler said.

Amy Coleman, a Massachusetts foster care alum (Blade photo by Michael Key)

Amy Coleman, a Massachusetts foster care alum who was adopted at age 16 by lesbian parents, pressed for legislation allowing full adoption rights for LGBT families by recalling the story of her own adoption.

“My moms have been loving, wonderful parents and will continue to be loving, wonderful parents,” Coleman said. “I just felt it was important to come down and share that so that other foster kids know that there are homes out there for them that might not be traditional, but are definitely wanting to take them in, so they don’t have to spend their rest of their time in foster care wondering if there is someone who can, or will, adopt them.”

Moving the legislation will be challenging in the Republican-controlled House, where the bill will likely be assigned to the House Ways & Means Committee. The office of the committee chair, Rep. Dave Camp (R-Mich.), didn’t respond on short notice to the Blade’s request to comment on the measure.

Stark said he hasn’t spoken with Camp about the Every Child Deserves a Family Act, but added the adoption issue could come before the House Ways & Means Committee in some capacity.

“I suppose that we’ll have a hearing on this at some point — one way or the other,” Stark said. “The press will require it or the Republicans will in opposition to it. The hearings may not be favorable, but there may very well be hearings on it.”

As of Tuesday, the legislation had no Republican co-sponsors, although Stark suggested that the bill may gain GOP support because he’s spoken to a Republican lawmaker who has indicated interest. Stark didn’t identify the U.S. House member.

The list of original co-sponsors for the legislation notably lacks the names of Democratic lawmakers who usually sign on to pro-LGBT legislation — including House Minority Leader Nancy Pelosi (D-Calif.) as well as gay Reps. Barney Frank (D-Mass.) and David Cicilline (D-R.I.).

Drew Hammill, a Pelosi spokesperson, said the Democratic leader will sign on as co-sponsor.

Harry Gural, a Frank spokesperson, said his boss wasn’t asked to support the Every Child Deserves a Family Act.

“Congressman Frank considers co-sponsoring a bill when he is asked by the member introducing the bill, when one of that member’s staff makes a request via our staff, or when he gets a request from a constituent,” Gural said. “In this case, none of those took place.”

Jessica Kershaw, a Cicilline spokesperson, said the legislation is on her boss’ radar and he’s reviewing it.

Despite the lack of outright support from the White House, one LGBT rights organization maintained the Obama administration is already working to address adoption discrimination through administrative means.

Fred Sainz, the Human Rights Campaign’s vice president of communications, said the Department of Health & Human Services is “doing a substantial amount of work” as part of HRC’s “All Children All Families” initiative, an agency by agency approach to preventing LGBT discrimination in adoption cases, which aims for the same results as Stark’s legislation.

“At the same time, HRC is working with the HHS to provide greater incentives to states, tribes and territories which receive federal funds to establish more inclusive practices,” Sainz said. “The Informational Memorandum on LGBT youth and families which went out two weeks ago, and was largely a result of our advocacy, is a good example of that ongoing work.”

Sainz was referring to an April 6 memo from HHS encouraging child welfare agencies to serve better the needs of LGBT youth in the foster care system. The memo states agencies should avail themselves of federal funds for training staff on serving LGBT children and called LGBT potential parents an untapped resource for providing homes for LGBT youth.

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National

Madonna roundup: Reviews, sales, and love for ‘Danceteria’

Pop legend’s new album ‘Confessions II’ earning raves

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Madonna isn’t just back, she’s ubiquitous. 

From a Times Square takeover to Graham Norton’s couch, the pop legend is busy promoting her new album, “Confessions II,” a sequel to 2005’s “Confessions on a Dance Floor,” that is earning rave reviews.

“Madonna’s back in peak form with a fresh and honest dance record that’s not only her best in 20 years, but a genuinely vital addition to her canon,” says Pitchfork.

“Facing grief and loss has made Madonna’s music deeper than it’s been in 20 years, but also more alive,” the Guardian proclaims.

“If everyone in the club is a work of art, as ‘Danceteria’ says, then to live loudly is to make an indelible mark,” according to Vulture.

The album features upbeat dance productions along with some melancholic views on death and loss. On the song “Betrayal,” she reflects on the recent death of her stepmother Joan, singing, “You’ll never take my mother’s place … you betrayed me, you enslaved me.”

On “L.E.S. Girl,” she revisits her early days living on the Lower East Side and struggling to pay the rent. “Bizarre” seems to reference her failed 1980s marriage to actor Sean Penn. “Test” is a duet with daughter Lola Leon, in which she sings, “I wish I knew / The pain I’ve caused / My butterfly / Was always being watched.”

But the emotional high point of the album comes on “Fragile,” which she wrote about the death of her brother Christopher. The two were close early in Madonna’s career and he designed sets for early tours, including “Blonde Ambition.” But they had a falling out after her marriage to Guy Ritchie and he wrote a scathing tell-all book about his sister that led to years of estrangement. The two reconciled after Christopher’s cancer diagnosis and shortly before he died in 2024 at age 63. She sings, “Late last night I was fast asleep/You came to me in a dream/You said, ‘Don’t forget about me/Don’t forget to be happy.’”

Death emerges again but in a much more upbeat context in “Danceteria,” an ode to the iconic New York nightclub that has emerged as a gay favorite single and seems destined to be the song of the summer in queer nightlife. She recounts her pre-fame days trying to convince a DJ to play her first single “Everybody” at the club and name checks Jean-Michel Basquiat, Keith Haring, best friend Debi Mazar, and DJ Mark Kamins on the track. 

Streaming numbers and sales are strong for the new album with projected first week sales of 100,000 ensuring a No.1 debut in the U.S. 

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U.S. Federal Courts

Three overlooked court rulings limited White House anti-trans policies

Supreme Court narrowed trans rights, advocates saw victories in other decisions

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(Bigstock photo)

While the U.S. Supreme Court’s decision in West Virginia v. B.P.J. continues to dominate headlines about transgender rights, three recent federal court cases produced significant rulings that limited or temporarily blocked Trump-Vance administration policies attacking trans Americans.

Talbott v. USA

Trump issued Executive Order 14183, “Prioritizing Military Excellence and Readiness,” on Jan. 27, 2025, banning trans people from serving in the military. The following day, GLAD Law and the National Center for LGBTQ Rights filed a federal lawsuit in the U.S. District Court for the District of Columbia challenging the ban on behalf of six active-duty service members and two individuals seeking to enlist. The organizations argue the policy violates the Fifth Amendment’s guarantee of equal protection under the law.

The plaintiffs sought a nationwide preliminary injunction — a temporary block on enforcement of the executive order while the litigation continued. The district court granted that injunction and later rejected the Trump-Vance administration’s request to dissolve it, temporarily protecting trans service members from being discharged solely because of their gender identity.

That protection, however, was short-lived. In Shilling v. Trump, the Supreme Court stayed the lower court’s injunction, allowing the military to begin enforcing the trans service ban while litigation continued. The U.S. Air Force subsequently required trans service members facing involuntary separation proceedings to appear in uniforms and grooming standards corresponding to their sex assigned at birth and, in some cases, used their deadnames during those proceedings.

Despite that setback, the plaintiffs secured two significant legal victories during Pride month.

On June 1, a federal appeals court blocked the discharge of the trans service members involved in Talbott. Then, on June 30, a federal district court certified the case as a class action on behalf of all currently serving trans service members. That means future rulings in the case will apply not only to the original six plaintiffs but to all active-duty trans military personnel covered by the class.

The case remains ongoing, but class certification significantly strengthens the ability to protect trans service members as the litigation continues. Currently, there are 28 plaintiffs in total, including the two still attempting to enlist.

Z.A. v. Blanche

In Z.A. v. Blanche (formerly Z.A. v. Lucile Salter Packard Children’s Hospital at Stanford), the U.S. District Court for the Northern District of California issued an emergency order one day before a federal grand jury subpoena was set to be enforced on July 2. The order blocked the Department of Justice from obtaining confidential medical records belonging to California families whose children receive gender-affirming care.

The ruling relied in part on protections established under the Health Insurance Portability and Accountability Act (HIPAA), the 1996 federal law governing the privacy and security of medical records.

The decision represented a significant check on the administration’s efforts to obtain sensitive patient information, protecting the privacy of trans patients and their families while the legal challenge proceeds.

Doe v. Blanche

Doe v. Blanche, which remains ongoing, challenges Trump’s executive order, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. Under policies implementing that order, many trans women in federal custody would be housed in men’s prisons.

A federal district court in D.C. granted a preliminary injunction blocking enforcement of a Bureau of Prisons policy that would require incarcerated trans women to be housed in men’s facilities regardless of individualized safety assessments or the risk of sexual assault.

The Bureau of Prisons policy also conflicts with the goals of the Prison Rape Elimination Act (PREA), enacted by Congress in 2003 to address sexual abuse in correctional facilities through standards, research, funding, and prevention measures. Federal data has consistently shown that trans people in custody experience sexual assault at dramatically higher rates than the general prison population.

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Commentary

When a church fears the rainbow

Puerto Rico pastor objected to Pride symbols outside congregation

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(Washington Blade photo by Michael Key)

There are moments when an incident stops being merely a local story and begins to reveal something much deeper. What happened on June 28 outside One Church, in Comerío, Puerto Rico, belongs in that category.

I do not know who painted the rainbow colors on the asphalt and on a roadside guardrail. I do not know what motivated them, and it is not my place to justify their actions. If someone believes a law was broken, there are authorities and legal mechanisms to address that. That is not the point of this reflection.

The point is the words that followed.

Hours after those colors appeared, Pastor Jorge J. Santiago Reyes went live on social media. He said he felt threatened. He described what happened as a physical attack against his church. He appeared angry and disappointed. He called those who painted the rainbow “cowards” and “charlatans.” He expressed frustration with the support that, according to him, the municipal government of Comerío has shown toward the LGBTQ community, and with those who support posts related to that community. He repeated several times that the people responsible had “crossed the line.” He ended his message by saying, “These charlatans have to be stopped.”

As I listened to his words, I stopped thinking about the paint.

I began thinking about fear.

There is one phrase the pastor repeated again and again: “They crossed the line.” Yet he never explained what that line was. If he was referring to a possible violation of the law, that is for the authorities to determine. If he meant respect for property, there are also procedures to deal with that. But when that line remains undefined and the message begins to associate a rainbow with a threat, the question changes. It is no longer only about a guardrail or a road. It becomes a question about what boundary, in the pastor’s view, was actually crossed.

Paint can be erased.

A brush can cover the asphalt and return a guardrail to its original color.

What does not disappear so easily is the meaning of those colors.

And perhaps that is where the real conflict begins.

It is significant that this happened precisely on June 28, the day when the LGBTQ community remembers a history marked by exclusion, violence, and the struggle for dignity. What represents memory, hope, and the possibility of living without hiding for millions of people was presented by others as a threat.

I do not know why someone painted that rainbow. I do not need to know in order to ask whether those were the words society should expect from a pastor.

A religious leader may feel hurt, frustrated, or angry. What he cannot forget is the responsibility that comes with every public expression. His words do not end when a livestream ends. They move beyond the space of his church, reach people who may never share his faith, and help shape the way others see those who think differently. When a pastor calls other people “charlatans” and “cowards,” says they “have to be stopped,” and turns a rainbow into evidence of an attack, he is no longer speaking only from frustration. He begins to build a discourse that can feed rejection toward a community far larger than the people responsible for that act.

There was another moment in the livestream that caught my attention. The pastor reminded viewers how much he has served Comerío, how much he has accompanied his community, and how much he has worked for it. I have no reason to question that service. I am sure many people can testify to the good he has done.

That is precisely why it was difficult to hear.

Pastoral vocation is not about reminding a town of everything one has done for it when conflict appears. Service does not lose its value when it goes unrecognized; it loses something when it becomes an argument to claim a moral position from which to speak down to others. A person who serves does so because that is the nature of the calling, not because that service grants authority to discredit those who think differently.

As a pastor, that part of the message left me deeply uneasy. Not because I expect ministers of God to be perfect. We are not. But because our words carry weight, we are called to speak with greater responsibility. Some expressions build bridges. Others raise walls. Some words invite encounter. Others end up justifying rejection.

The paint will disappear. A brush will be enough to cover the asphalt and return the guardrail to its original color.

The words will not disappear as easily.

They will remain recorded in a video, shared again and again on social media, and remembered by those who heard them. They will remain long after the last trace of paint has been erased.

When this episode is remembered, it probably will not be because of the rainbow that appeared outside One Church, in Comerío, Puerto Rico.

It will be because of the words a pastor chose to use when speaking about it.

And that difference changes everything.

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