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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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National

Man charged in Mall of America shooting plot inspired by Pulse massacre: report

Suspect exchanged hundreds of messages, pledged loyalty to ISIS

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The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud with planning a crime of terrorism.

The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud, 18, of Richfield, Minn., on Oct. 7 with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism. Mohamud allegedly planned to carry out a mass-casualty attack in support of ISIS, inspired in part by the Pulse nightclub massacre that took place on June 12, 2016 when then-29-year-old Omar Mateen murdered 49 people and wounded 58 – one of the deadliest mass shootings in U.S. history, and the deadliest targeting the LGBTQ+ community. 

According to a DOJ statement release, Mohamud was arrested on Oct. 6 by the FBI, which had arranged to sell him an AK-47 assault rifle, magazines, and ammunition through an undercover FBI employee. Mohamud was arrested shortly after paying $600 in cash and taking possession of those items; he reaffirmed his intention to shoot people at the Mall of America during the transaction.

“Mohamud allegedly sought to carry out a mass-casualty shooting at the Mall of America, expressing a desire to emulate some of the most horrific ISIS-inspired attacks in the United States, including the atrocities at Pulse Nightclub and 2025 New Year’s Day attack in New Orleans,” said Assistant Attorney General for National Security John A. Eisenberg in the statement by the DOJ. “The National Security Division will continue to work closely with the FBI and Joint Terrorism Task Force to track down and prosecute ISIS-inspired terrorists in the United States.”

According to the complaint, beginning on or about December 2024, Mohamud had exchanged hundreds of messages through multiple social media and messaging apps with a confidential source, and expressed a desire to travel to Somalia to join a designated foreign terrorist organization to fight on their behalf.

The defendant stated many times that if he was unable to travel overseas because of a lack of funds, he planned to carry out a mass-casualty event in Minnesota in support of ISIS. 

According to the DOJ, “In July 2026, Mohamud sent messages discussing his intent to carry out a mass-casualty shooting attack at the Mall of America because he claimed it was owned by Jews. He wrote that [he] wanted to kill 30 to 60 people so no one would go there.”

“During the course of his communications, Mohamud stated that he wanted to commit an attack similar to those of the Pulse Nightclub mass-shooting in Orlando, the Bondi Beach mass-shooting in Australia, and the New Year’s Day vehicle-ramming attack in New Orleans.”

This case is being prosecuted by Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Benjamin Bejar for the District of Minnesota.

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California

Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’

Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot

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(Screenshot of Steven Hilton ad)

Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and —  fill out a ballot voting for Steve Hilton? 

This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons. 

Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community. 

“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said. 

The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”  

Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies. 

Conservatives have also criticized the ad.

Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors. 

“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.” 

The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court. 

Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.

Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.

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2026 Midterm Elections

Trump uses anti-trans slur against Democratic Senate candidate

President mocked Annie Andrews

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.

In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.

Andrews is running against Graham for a Senate seat in the solidly Republican state.

Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.

Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”

“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”

Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.

“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.

Trump’s remarks have drawn criticism from leaders on both sides of the aisle.

Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”

“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.

Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”

“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.

South Carolina has not elected a Democratic senator in nearly three decades.

Andrews’s campaign website does not mention her positions on LGBTQ issues.

The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.

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