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U.S. balks at asylum for gay Saudi diplomat

Attorney says client faces ‘certain’ execution

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The US Department of Homeland Security issued a preliminary ruling last week withholding political asylum for a gay Saudi diplomat

The U.S. Department of Homeland Security issued a preliminary ruling last week withholding political asylum for a Saudi diplomat whose colleagues discovered he’s gay last year while he was assigned to Saudi Arabia’s consular office in Los Angeles.

The diplomat, Ali Ahmad Asseri, who served as first secretary to the consular office, applied for U.S. asylum in 2010 under a U.S. policy that offers asylum to foreign nationals belonging to a “particular social group,” including gays, who face persecution in their home country.

“It’s not a matter to be taken lightly and I’m sure the U.S. government is not taking it lightly,” said Ally Bolour, an American attorney representing Asseri. “It’s certain death,” he said, if his client is forced to return to Saudi Arabia.

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Bolour noted that gay sex is considered a crime punishable by execution under Saudi Arabia’s fundamentalist Islamic law. He said the country’s prosecutors routinely trump up sex-related charges against Saudi gays, effectively making homosexuality itself grounds for execution.

A recent U.S. State Department human rights report on Saudi Arabia says that under the country’s Islamic or Sharia law, consenting sexual relations between people of the same sex is “punishable by death or flogging.”

The DHS didn’t immediately respond to a request for comment on Asseri’s asylum case. DHS has said in the past that it never comments on pending cases. An official at the State Department, which has listed Saudi Arabia among countries that persecute gays, also declined to comment, saying it doesn’t discuss pending cases.

Bolour said that as part of its routine procedure for asylum cases, the DHS referred Asseri’s case to an immigration judge for an automatic appeal. He said he’s hopeful that the judge, on behalf of a special U.S. immigration court, will approve the asylum application. Should the judge deny the application, Asseri will appeal the case to the U.S. Court of Appeals, Bolour said.

“There’s a process that these things go through,” he said. “It was not approved in the first instance when we applied. Obviously, I think it should have been approved. But it hasn’t been denied and so we’re still on course.”

Bolour declined to provide details on how the Saudi consular office in Los Angeles discovered that Asseri is gay.

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However, he told the Blade that an MSNBC News report in September 2010 that first reported Asseri’s request for U.S. political asylum accurately reported on the details of the case as of a year ago.

According to the MSNBC report, Asseri told the broadcast news outlet that he had worked for the Saudi consular office in L.A. for five years. He told MSNBC that he discovered several months before filing his asylum application that Saudi consulate employees, who suspected he was gay, followed him to gay bars.

“It was sometime after these discoveries, Asseri said, that consulate officials began harassing him, refusing to renew his diplomatic passport or provide him with badly needed medical treatment for a painful back ailment,” MSNBC reported.

Consulate officials also demanded that he return to Saudi Arabia, MSNBC reported.

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“My life is in great danger and if I go back to Saudi Arabia, they will kill me openly in broad daylight,” MSNBC quoted him as saying in September 2010.

News of the DHS preliminary decision to withhold approving Asseri’s asylum application was first reported last week by Saudi American journalist and blogger Rasheed Abou-Alshamh on his blog RasheedsWorld.com.

Abou-Alshamh reported in his blog that a Saudi dissident in Washington named Ali al-Ahmed told him the decision to withhold Asseri’s asylum request was “a political decision by the Obama administration,” which, according to al-Ahmed, is “afraid of upsetting the Saudis.”

In his blog posting, Abou-Alshamh did not disclose al-Ahmed’s source or sources for his claim that the Obama administration orchestrated the withholding of the asylum request based on an alleged desire not to offend Saudi Arabia.

Attorney Bolour called the claim “outrageous” and “ludicrous,” saying the DHS decision to refer the asylum application to an immigration court judge is a routine bureaucratic procedure far removed from the White House or the president.

According to the DHS website, an initial decision on an asylum case is made by an asylum officer with the U.S. Citizenship and Immigration Services, which is an arm of the DHS.

Officials with the LGBGT advocacy groups Lambda Legal and Immigration Equality said they were following the Asseri case even though they were not directly involved. Immigration Equality Legal Director Victoria Neilson said the case was unusual because it’s rare that a diplomat like Asseri applies for U.S. asylum on grounds of anti-gay persecution.

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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

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(Washington Blade photo by Michael K. Lavers)

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.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

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.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

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.

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