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Senate confirms lesbian to federal judiciary

Senators approve Nathan by 48-44 vote

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The U.S. Senate confirmed on Thursday an out judicial nominee to become the second-ever open lesbian to sit on the federal bench.

Senators confirmed Alison Nathan, whom President Obama nominated in March for a seat on the U.S. District Court of the Southern District of New York, by a vote of 48-44.

Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) said on the Senate floor there was “no question the Senate should confirm Ms. Nathan.”

“As her resume shows, she is an accomplished nominee with significant experience in private practice, academia and government service,” Leahy said. “Twenty-seven former Supreme Court clerks have written to the Judiciary Committee in support of Ms. Nathan’s qualifications, including clerks who worked for the conservative Justices.”

Shin Inouye, a White House spokesperson, commended the Senate for confirming Obama’s nominee.

“The President welcomes the confirmation of Alison Nathan,” Inouye said. “She will serve the American people well from the District Court bench.”

Currently special counsel to the Solicitor General of New York, Nathan has also served as a special assistant to President Obama and an associate White House counsel. Before joining government service, she taught law first as a visiting assistant professor at Fordham University Law School, and later as a Fritz Alexander fellow at New York University School of Law.

All Democratic senators who were present voted in favor of the nomination. All Republicans who were present voted against her, including GOP senators known for holding pro-LGBT views, such as Sens. Susan Collins (R-Maine), Olympia Snowe (R-Maine), Mark Kirk (R-Ill.) and Scott Brown (R-Mass.).

Senators who didn’t vote were Sens. Tom Coburn (R-Okla.), Joseph Lieberman (I-Conn.), Debbie Stabenow (D-Mich.), Kay Hagan (D-N.C.), Richard Lugar (R-Ind.), David Vitter (R-La.), Tom Harkin (D-Iowa) and Joe Manchin (D-W.V.).

The Senate didn’t confirm Nathan without opposition on the floor. Republican senators spoke out against her.

Sen. Charles Grassley (R-Iowa), ranking Republican on the Senate Judiciary Committee, said he voted to report Nathan’s nomination to the floor, but couldn’t vote for her on Thursday — as well as judicial nominee Judge Susan Hickey — because of their records and American Bar Association ratings.

“Ms. Nathan and Judge Hickey both have had limited experience in the courtroom,” Grassley said. “They have failed to meet even the minimum qualifications that the ABA uses in rating process.”

Sen. Jeff Sessions (R-Ala.), who’s known for opposing pro-LGBT initiatives in Congress, also expressed concerns on the floor about Nathan’s legal experience and what he said was her belief that judges can look to foreign law in deciding cases.

“It’s very hard for me to believe that I should vote to confirm a judge who’s not committed to following our law, who believes they have a right to scrutinize the world, find some law in some other country, bring it home, and use that law to make it achieve a result in the case they wanted,” Sessions said.

Leahy defended Nathan’s nomination on the Senate floor, saying although her ABA recommendation wasn’t unanimous, a majority on the standing committee that evaluated her said she was qualified.

“I note that a majority of the Standing Committee rated Ms. Nathan ‘qualified’ to serve,” Leahy said. “I also note that Ms. Nathan’s ABA rating is equal to or better than the rating received by 33 of President Bush’s confirmed judicial nominees, who were supported by nearly every Republican senator.”

Sen. Chuck Schumer (D-N.Y.) said the claim that Nathan has made any assertion that she’d look to foreign law when deciding cases is “patently false.”

In a questionnaire response to written questions from Grassley, Nathan wrote: “If I were confirmed as a United States District Court Judge, foreign law would have no relevance to my interpretation of the United States Constitution. In this area, as in all others, I would follow binding Supreme Court precedent.”

LGBT advocates praised the Senate for confirming Nathan and sending the third openly gay person to the federal bench.

Joe Solmonese, president of the Human Rights Campaign, hailed the confirmation and said additional representation of LGBT people in the courts is necessary.

“Alison Nathan’s demonstrated intellect and dedication to public service is a model of achievement for LGBT youth and we commend the Senate for their confirmation vote today,” he said. “With qualified LGBT attorneys all across the country, we look forward to the federal courts reflecting the diverse composition of our society in districts from coast to coast.”

Chuck Wolfe, CEO of the Gay & Lesbian Victory Fund, called the Nathan confirmation “another step toward America’s leadership class reflecting the country it serves.”

“For too long Washington has ignored the impressive talent and experience found in the LGBT community,” Wolfe said. “It’s been beholden to the opinion of extremists who wanted to exclude us. We have to continue to fight against that kind of political homophobia, and we will.”

The first lesbian — and first openly LGBT person — to sit on the federal bench is Deborah Batts, who was nominated and confirmation for a position on the U.S. District Court for the Southern District of New York during the Clinton Administration.

In July, the Senate confirmed J. Paul Oetken to another seat on the U.S. District Court for the Southern District of New York, making him the first openly gay male to sit on the federal bench.

Two other openly gay nominees are also pending before the Senate: Michael Fitzgerald, who was nominated for a position on the U.S. District Court for the Central District of California; and Edward DuMont, who was nominated for a seat on the U.S. Court of Appeals for the Federal Circuit.

The Senate Judiciary Committee held the confirmation hearing for Fitzgerald last week. The panel hasn’t reported out the nomination, but the record for committee members to submit follow up questions closed only this week.

Obama renominated DuMont in January after the 111th Congress took no action on his appointment. DuMont’s nomination has yet to be considered by the full Senate — or even the Senate Judiciary Committee.

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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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