National
Gay judicial nominee sails through confirmation hearing
Fitzgerald worked on case changing FBI rules for hiring gay agents

A gay judicial nominee encountered no opposition during his confirmation hearing on Tuesday as senators focused on questions about his judicial philosophy.
Michael Walter Fitzgerald, whom President Obama nominated in July to the bench, is the fourth out federal judicial nominee chosen by the White House. Upon confirmation, he would take a seat on the U.S. District Court for the Central District of California and would be the first openly gay federal judge in that state.
Few senators attended the Senate Judiciary Committee hearing. Five judicial nominees were facing confirmation. Sen Richard Durbin (D-Ill.) chaired the hearing instead of Chair Patrick Leahy (D-Vt.). Sens. Chris Coons (D-Del.) and Mike Lee (R-Utah) were the other two senators in attendance.
Sen. Barbara Boxer (D-Calif.), who recommended the nomination to the president, praised Fitzgerald and said his previous work as an attorney makes him well-suited for a position on the federal court.
“Michael’s record in the public and private sector demonstrates that he is a brilliant lawyer and a distinguished member of the legal community, and I am confident he will make an excellent judge,” Boxer said.
In her introduction, Boxer made no mention of Fitzgerald’s sexual orientation and didn’t note that his confirmation would make him the first out federal judge in California. A statement later distributed by Boxer’s office included this information.
Prior to joining Corbin, Fitzgerald & Athey LLP in 1998, Fitzgerald worked at the Law Offices of Robert L. Corbin PC and at the law firm of Heller, Ehrman, White & McAuliffe. Fitzgerald also served as an Assistant U.S. Attorney in Los Angeles, where he handled criminal cases, such as a drug and money laundering case involving what at that time was the second-largest cocaine seizure in California.
According to Boxer’s office, Fitzgerald has tried 26 cases to verdict, and the overwhelming majority were before a jury. Around 60 percent of his practice is in federal court. Fitzgerald was given a review by the American Bar Association, which gave him a rating of “unanimously well-qualified.”
Fitzgerald wrote in his questionnaire response to the committee that he served as a volunteer making telephone calls or knocking on doors for political campaigns, including President Obama’s 2008 campaign and the 2008 campaign against Proposition 8. Fitzgerald is also a member of the Harvard-Radcliffe Gay & Lesbian Caucus. From 2007 to 2008, he served on the leadership task force for the L.A. Gay & Lesbian Center. In the 1990s, he was a member of the Stonewall Democratic Club.
Accompanying Fitzgerald during the confirmation hearing was his father, James Fitzgerald, an Army veteran of the Korean War and a retired math teacher; his mother, Vivian Fitzgerald, a retired registered nurse; and his twin brother, Patrick Fitzgerald, a federal prosecutor in Los Angeles.
The only time during the hearing when sexual orientation was brought up was when Durbin asked about Fitzgerald’s role in the settlement of Buttino v. FBI. According to Fitzgerald’s questionnaire response, the 1993 class-action lawsuit involved Frank Buttino, a gay FBI specialist who was anonymously outed to his superior, resulting in the removal of his security clearance and subsequent firing. Fitzgerald writes he asked his law firm at the time to represent Buttino on a pro bono basis.
As a result of the settlement, the FBI renounced its prior policy of viewing homosexuality as a negative factor in regard to security clearances, the FBI agreed to hire an openly lesbian special agent and Buttino’s pension was restored.
Fitzgerald said he was asked to work on the case because of his work as a U.S. attorney, which made him familiar with the FBI, and was “pleased” to work on the case because of its background. The nominee noted that the case resulted in the change of policy that kept “gays and lesbians from being hired as special agents.”
Lee asked each of the nominees whether their advocacy roles in the past would impact their impartiality as a judge, and whether they wouldn’t “engage in political activism while on the bench.” Fitzgerald assured the Republican senator his previous work would have no influence on his decisions and he wouldn’t bring his personal or political views to bear on the cases that he considers.
“I don’t believe that it would have any influence on my service as a federal judge,” Fitzgerald said. “The bulk of my practice has been very much as a litigator for clients who have retained us for our expertise. As a judge, I would respect the rule of law and respect the court system and as a system which trying to do justice for the litigants pursuant to the facts as they were found without any reference to the background of the litigants.”
According to Senate Judiciary Committee hearing rules, the record will be kept open one week following the confirmation hearing of nominees. The committee could report Fitzgerald’s nomination to the full Senate sometime after that.
CORRECTION: An earlier version of this article misspelled the name of Michael Walter Fitzgerald. The Washington Blade regrets the error.
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.