National
Senate panel advances gay judicial nominee
Fitzgerald could become fourth out person to sit on federal bench
A Senate committee approved unanimously by voice vote on Thursday a judicial nominee who could become the fourth openly gay person to sit on the federal bench.
Michael Walter Fitzgerald, whom President Obama nominated in July, was approved the Senate Judiciary Committee en banc as part of a group of nominees.
Fitzgerald 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.
Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, commended the panel for moving forward with nomination.
“Moving Michael Fitzgeraldās nomination to the Senate floor is a positive step toward confirming a dedicated legal talent,” Cole-Schwartz said. “We urge the full Senate to confirm him and help make the bench more representative of the diversity of the American public.”
When the full Senate will take up the Fitzgerald nomination remains in question. The Senate is currently is currently facing a backlog of judicial nominees on the Senate floor who haven’t yet received votes.
Erica Chabot, a Senate Judiciary Committee spokesperson, saidĀ 22 nominations were already pending on the floor before the committee approved Fitzgerald and other nominees on Thursday.
“This nomination will join those and the others reported today on the floor,” Chabot said. “Sen. Leahy has been very clear about his concerns with how long nominations are pending on the floor after being reported by the committee.”
The Fitzgerald nomination was recommended to Obama by Sen. Barbara Boxer (D-Calif.), who also praised the committee for advancing the Fitzgerald nomination and called for swift confirmation on the Senate floor.
āI am so pleased that the Senate Judiciary Committee unanimously approved Michael Fitzgeraldās nomination to serve on the federal bench,” Boxer said. “He is a highly respected attorney whose sharp intellect and experience as a former federal prosecutor and attorney in private practice will make him an outstanding judge.Ā It is now critical that the Senate move swiftly to confirm him so he can begin serving the people of the Central District.ā
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 āunanimously well-qualified.ā
Prior to joiningĀ Corbin, Fitzgerald & Athey LLP in 1998,Ā 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 heĀ handled criminal cases, such as a drug and money laundering case involving what at that time was the second-largest cocaine seizure in California.
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 Obamaās 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.
The gay judicial nominee is no stranger to represent client in cases related to LGBT rights. Fitzgerald was involved in the settlement of Buttino v. FBI, the 1993 class-action lawsuit involving 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 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 Buttinoās pension was restored.
In addition to Fitzgerald, one other gay judicial nominee is pending before the Senate:Ā Edward DuMont, who was nominatedĀ for a seat on the U.S. Court of Appeals for the Federal Circuit.
Obama renominated DuMont for the position in January after the 111th Congress took no action on his appointment. DuMontās nomination has yet to be considered by the Senate Judiciary Committee. The extensive delay in moving his nomination forward has led to questions over what’s preventing the Senate from taking action.
The committee voted to approve the Fitzgerald nomination as it held over other scheduled business to start debate leading on legislation to repeal the Defense of Marriage Act. The panel is expected to reconsider the legislation next week.
National
Anti-LGBTQ Franklin Graham to give invocation at Trumpās inauguration
Evangelical leader also delivered address in 2017
Anti-LGBTQ evangelist Franklin Graham will deliver the invocation for President-elect Donald Trumpās inauguration on Monday, Jan. 20, according to a copy of the program that was circulated on X.
Graham, who serves as president and CEO of Samaritanās Purse, the evangelical Christian humanitarian aid organization, and of the Billy Graham Evangelistic Association, which was named for his late father, offered the opening prayer for Trumpās first inauguration in 2017.
As documented by GLAAD, the Asheville, N.C.,-based evangelist has attacked the LGBTQ community throughout his life and career.
He supported the draconian laws in Russia targeting āpropaganda of nontraditional sexual relationsā that have been used to suppress media that presents āLGBTQ identities and relationships in a positive or normalizing light.ā
Praising Russian President Vladimir Putin for taking āa stand to protect his nationās children from the damaging effects of the gay and lesbian agenda,ā Graham also bemoaned that āAmericaās own morality has fallen so far that on this issue.ā
Grahamās anti-LGBTQ advocacy on matters of domestic policy in the U.S. has included opposing Pride events, which he compared to celebrations of ālying, adultery, or murder,ā and curricula on LGBTQ history in public schools, telling a radio host in 2019 that educators have no right to āteach our children something that is an affront to God.ā
When his home state rolled back rules prohibiting gender diverse people from using public restrooms consistent with their identities, he tweeted that āpeople of NC will be exposed to pedophiles and sexually perverted men in womenās public restrooms.ā
Graham has repeatedly smeared LGBTQ people as predatory and said the community seeks to ārecruitā children into being gay, lesbian, or transgender.
He has also consistently opposed same-sex marriage, claiming that former President Barack Obama, by embracing marriage equality, had āshaken his fist at the same God who created and defined marriage,ā adding, āit grieves me that our president would now affirm same-sex marriage, though I believe it grieves God even more.ā
Graham also supports the harmful and discredited practice of conversion therapy, which he likened to āconversion to Christianity.ā
When Transportation Secretary Pete Buttigieg announced his bid for the Democratic nomination for president in 2020, Graham tweeted that āMayor Buttigieg says he’s a gay Christian. As a Christian I believe the Bible which defines homosexuality as sin, something to be repentant of, not something to be flaunted, praised or politicized. The Bible says marriage is between a man and a woman ā not two men, not two women.”Ā
Graham embraced Trump well before he was taken seriously in Republican politics, telling ABC in 2011 that the New York real estate tycoon was his preferred candidate.
Particularly during the incoming presidentās first campaign as the GOP nominee and during his first term, the evangelical leaderās support was seen as strategically important to bringing conservative Christians into the fold despite their misgivings about Trump, who was better known as a philandering womanizer than a devout religious leader.
National
Homophobe Anita Bryant dies at 84
Anita Bryant, the singer and orange juice pitch woman who gained notoriety for a homophobic campaign against gay rights in the 1970s, died on Dec. 16 after a battle with cancer, according to a statement released by her family. She was 84.
Bryant was a former Miss Oklahoma, a Grammy-nominated singer, author, and recipient of the USO Silver Medallion for Service, according to her familyās statement. Bryant, a fundamentalist Christian, performed at the White House and the Super Bowl, among other highlights of her singing career.
Bryant incurred the ire of the LGBTQ community after she fought successfully to overturn a Dade County, Fla., ordinance that would have protected gay people from discrimination. Her āSave Our Childrenā campaign led gay bars to boycott Florida orange juice. In 1977, while promoting her campaign in Iowa, Tom Higgins, a gay rights activist, threw a pie in her face, an iconic moment caught by photographers.Ā
Bryantās homophobic legacy lives on with Florida politicians like Gov. Ron DeSantis rolling back LGBTQ protections and enshrining discrimination in state law.
National
New Meta guidelines include carveout to allow anti-LGBTQ speech on Facebook, Instagram
Zuckerberg cozying up to Trump ahead of second term
New content moderation policies governing hate speech on Facebook, Instagram, and Threads that were enacted by parent company Meta on Wednesday contain a carveout that allows users to call LGBTQ people mentally ill.
According to the guidelines, which otherwise prohibit use of such insults on the online platforms, “We do allow allegations of mental illness or abnormality when based on gender or sexual orientation, given political and religious discourse about transgenderism and homosexuality and common non-serious usage of words like āweird.āā
Meta also removed rules that forbid insults about a personās appearance based on race, ethnicity, national origin, disability, religious affiliation, caste, sexual orientation, sex, gender identity, and serious disease while withdrawing policies that prohibited expressions of hate against a person or a group on the basis of their protected class and references to transgender or nonbinary people as āit.ā
In a video on Tuesday, Mark Zuckerberg, the company’s co-founder, chairman, and CEO, said the platforms’ “restrictions on topics like immigration and gender” were now “out of touch with mainstream discourse.ā
āWhat started as a movement to be more inclusive has increasingly been used to shut down opinions and shut out people with different ideas, and itās gone too far,ā he added.
In a statement to the Washington Blade, Human Rights Campaign President Kelley Robinson said “Everyone should be able to engage and learn online without fear of being targeted or harassed. While we understand the difficulties in enforcing content moderation, we have grave concerns that the changes announced by Meta will put the LGBTQ+ community in danger both online and off.”
“What’s left of Meta’s hateful conduct policy expressly allows users to bully LGBTQ+ people based on their gender identity or sexual orientation and even permits calls for the exclusion of LGBTQ+ people from public spaces,” she said. “We can expect increased anti-LGBTQ+ harassment, further suppression of LGBTQ+ content, and drastic chilling effects on LGBTQ+ users’ expression.”
Robinson added, “While we recognize the immense harms and dangers of these new policies, we ALL have a role to play in lifting up our stories, pushing back on misinformation and hate, and supporting each other in online spaces. We need everyone engaged now more than ever. HRC isn’t going anywhere, and we will always be here for you.”
As attacks against LGBTQ and especially transgender Americans have ramped up over the past few years in legislative chambers and courtrooms throughout the country, bias-motivated crimes including acts of violence are also on the rise along with homophobic and transphobic hate speech, misinformation, and conspiracy theories that are spread farther and faster thanks to the massive reach of social media platforms and the policies and practices by which the companies moderate user content and design their algorithms.
However ascendant certain homophobic and transphobic ideas might be on social media and in the broader realm of “political and religious discourse,” homosexuality and gender variance are not considered mental illnesses in the mainstream study or clinical practice of psychiatry.
The American Psychiatric Association removed homosexuality from its internationally recognized Diagnostic and Statistical Manual of Mental Disorders more than 50 years ago and more than 30 years ago erased “transsexualism” to use “gender identity disorder” instead before switching to “gender dysphoria” in 2013. These changes were meant to clarify the distinction between the patient’s identity as trans and the ego-dystonic distress experienced in many cases when one’s birth sex differs from one’s gender identity.
Research has consistently shown the efficacy of treating gender dysphoria with gender-affirming health interventions ā the psychiatric, medical, and surgical care that can bring patients’ brains and bodies into closer alignment with their self-concept while reducing the incidence of severe depression, anxiety, self-harm behavior, and suicide.
Just like slandering LGBTQ people as sick or sexually deviant, the pathologization of homosexuality and gender variance as disordered (or linked to different mental illnesses that are actually listed in the DSM) is not new, but rather a revival of a coarser homophobia and transphobia that until the recent past was largely relegated to a time well before queer people had secured any meaningful progress toward legal, social, and political equality.
Wednesday’s announcement by Meta marked just the latest move that seems meant to ingratiate the tech giant with President-elect Donald Trump and curry favor with his incoming administration, which in turn could smooth tensions with conservative lawmakers who have often been at odds with either Facebook, Instagram, and Zuckerberg ā who had enjoyed a close relationship with the Obama White House and over the years has occasionally championed progressive policies like opposing mass deportations.
Public signs of reconciliation with Trump began this summer, when Meta removed restrictions on his Facebook and Instagram accounts that were enacted following the Jan. 6 insurrection at the U.S. Capitol.
In the months since, the company has continued cozying up to Trump and Republican leaders in Washington, including with Tuesday’s announcement that Meta platforms will no longer use professional fact checking, among other policy changes that mirror those enacted by Elon Musk after he took over Twitter in 2022, changed its name to X, and created conditions that have allowed hate and misinformation to proliferate far more than ever before.
In recent months, Musk, the world’s richest man, has emerged as one of the president-elect’s fiercest allies, spending a reported $277 million to support his presidential campaign and using his platform and influence to champion many of the incoming administration’s policy priorities, including efforts to target the trans community.
Last month, Zuckerberg and Apple CEO Tim Cook each donated $1 million to Trump’s inaugural committee, with Amazon founder Jeff Bezos and OpenAI’s Sam Altman each reportedly pledging matching contributions.