National
Obama, Clinton push int’l LGBT rights
Administration issues new strategy, as Sec’y of State speaks out
Secretary of State Hillary Clinton (Blade file photo by Michael Key)
The Obama administration on Tuesday made public a sweeping plan to confront anti-LGBT abuses overseas as Secretary of State Hillary Clinton delivered a high-profile speech on protecting human rights that made extensive references to LGBT rights abuses.
On Tuesday, President Obama issued what’s being called the first-ever U.S. government strategy to address LGBT human rights overseas in the form of a memo to the heads of government departments and agencies.
In the memo, Obama writes that the fight to end discrimination against LGBT people is “a global challenge” and “central to the United States’ commitment to promoting human rights.”
“I am deeply concerned by the violence and discrimination targeting LGBT persons around the world — whether it is passing laws that criminalize LGBT status, beating citizens simply for joining peaceful LGBT pride celebrations, or killing men, women, and children for their perceived sexual orientation,” Obama said.
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The memo articulates six points in the new strategy to combat LGBT human rights abuses.
* U.S. agencies overseas are directed to strengthen efforts to combat the criminalization by foreign governments of LGBT status or conduct in addition to expanding efforts to combat discrimination overseas on this basis.
* The Departments of State and Homeland Security are directed to ensure LGBT people seeking asylum in the United States have equal access to protection and assistance. Additionally, the Departments of State, Justice and Homeland Security are to ensure appropriate training is in place for government personnel to help LGBT refugees and asylum seekers.
* U.S. foreign aid agencies are directed to engage regularly with governments, citizens, civil society and the private sector to foster an awareness of LGBT human rights.
* The State Department is to lead a “standing group” geared toward ensuring swift response to serious incidents threatening the human rights of LGBT people overseas.
* U.S. agencies overseas are directed to work with international organizations to counter anti-LGBT discrimination and increase the number of countries willing to defend LGBT issues.
* U.S. agencies engaged abroad are required to prepare a report for the State Department within 180 days on their progress on these initiatives. The department will then compile a larger report for the president.
Joe Solmonese, president of the the Human Rights Campaign, praised the Obama administration for the new guidance in a statement.
“As Americans, we understand that no one should be made a criminal or subject to violence or even death because of who they are, no matter where they live,” Solmonese said. “Today’s actions by President Obama make clear that the United States will not turn a blind eye when governments commit or allow abuses to the human rights of LGBT people.”
Victoria Neilson, legal director for Immigration Equality, had particular praise for the added protections for LGBT people seeking asylum in the United States.
“Immigration Equality hears from more than 1,000 LGBT people a year who are fleeing persecution,” Neilson said. “Many face daunting challenges in escaping their home country, let alone reaching the shores of the United States. By instructing foreign service officers to offer all available assistance to those who seek their help, the White House is extending a helping hand to some of the world’s most vulnerable individuals.”
On the same day the memo was issued, Clinton spoke extensively about the need to incorporate LGBT people in human rights protections during remarks at the U.S. Mission to the United Nations in Geneva, Switzerland.
The speech was in recognition of Human Rights Day, which recognizes the adoption of the Universal Declaration of Human Rights on Dec. 10, 1948 by the U.N. General Assembly. More than 1,000 diplomats and experts were in attendance.
“Today, I want to talk about the work we have left to do to protect one group of people whose human rights are still denied in too many parts of the world today,” Clinton said. “In many ways, they are an invisible minority. They are arrested, beaten, terrorized, even executed. Many are treated with contempt and violence by their fellow citizens while authorities empowered to protect them look the other way — or too often, even join in the abuse. They are denied opportunities to work and learn, driven from their homes and countries and forced to suppress or deny who they are to protect themselves from harm. I am talking about gay, lesbian, bisexual and transgender people: human beings born free and given, bestowed equality and dignity who have a right to claim that, which is now one of the remaining human rights challenges of our time.”
Clinton acknowledged that her “own country’s record on human rights for gay people is far from perfect.” She noted that being gay was still a crime in many parts of the country until 2003, when the Supreme Court struck down state sodomy laws in Lawrence v. Texas.
“Many LGBT Americans have endured violence and harassment in their own lives, and for some, including many young people, bullying and exclusion are daily experiences,” Clinton said. “So we, like all nations, have more work to do to protect human rights at home.”
But the secretary also rejected the idea that homosexuality is a Western creation and people outside of Western countries therefore have grounds to reject LGBT people.
“Well, in reality, gay people are born into and belong to every society in the world,” Clinton said. “They are all ages, all races, all faiths; they are doctors and teachers, farmers and bankers, soldiers and athletes; and whether we know it, or whether we acknowledge it, they are our family, our friends, and our neighbors.”
Clinton said those who first crafted the Universal Declaration of Human Rights may not in 1948 have realized the document applied to LGBT people, but said many of the countries involved in its crafting have come to the realization that — as Clinton has articulated before — gay rights are human rights, and human rights are gay rights.
“It is violation of human rights when people are beaten or killed because of their sexual orientation, or because they do not conform to cultural norms about how men and women should look or behave,” Clinton said. “It is a violation of human rights when governments declare it illegal to be gay, or allow those who harm gay people to go unpunished. It is a violation of human rights when lesbian or transgendered women are subjected to so-called corrective rape, or forcibly subjected to hormone treatments, or when people are murdered after public calls for violence toward gays, or when they are forced to flee their nations and seek asylum in other lands to save their lives.”
Clinton also announced the creation of a Global Equality Fund that will support the work of civil society organizations working on LGBT human rights issues around the world. The secretary said the U.S. government has already committed more than $3 million to start this fund.
During a conference call with reporters after the speech, a senior State Department official, who spoke on condition of anonymity, said the Bureau of Democracy, Human Rights & Labor made grants to organizations in the past, but the Global Equality Fund will “make permanent, or bolster the efforts to support civil society organizations around the world.”
The official said organizations seeking to conduct work in the 80 countries where same-sex relations are criminalized “would be priority areas” for grant money under the fund.
Advocates hailed Clinton for her speech and called it a strong signal the United States is activel;y pushing for an end to LGBT rights abuses overseas. According to HRC, Solmonese met with Clinton in Geneva prior to her speech.
Mark Bromley, chair of the Council for Global Equality, was also in attendance and said Clinton gave a “remarkable speech” that received a standing ovation.
“For us, I think the real question was to set the proper tone to be respectful and to recognize that this is a difficult conversation for many conservative countries, but to also to be very firm in stating unequivocally that this is a human rights priority and a U.S. foreign policy priority,” Bromley said.
Bromley added Clinton struck an appropriate balance by saying she delivered her address with “respect, understanding, and humility” while maintaining the importance of LGBT rights as a priority.
Justin Nelson, president of the National Gay & Lesbian Chamber of Commerce, was also a witness to Clinton’s remarks and called them “monumental” and “historic.”
“It’s such a strong statement that LGBT rights are human rights and human rights are LGBT rights, and that’s American foreign policy,” Nelson said. “It sends a very strong message that people all over the world know that they have an ally in America.”
Bromley said representatives from some countries didn’t stand after the remarks despite the state ovation, but he couldn’t identify who these people were or they countries from which they hailed.
“With most countries represented at some level, and 80 countries that continue to criminalize consensual same-sex relations, there were some that, obviously, would have a difficult time fully understanding the speech,” Bromley said. “But at the same time, I think, the vast majority of audience really reacted enthusiastically and understood it to be a balanced, respective but firm statement of U.S. foreign policy.”
The senior State Department official said 95 percent of the audience was standing after Clinton’s remarks and there was a “sustained standing ovation.”
“I think part of that is attributable to the fact that she came not to wag a finger, but to really invite a conversation,” Clinton said. “I think the audience felt the spirit of respect, and also the spirit of hopefulness that she brought to the speech.”
In the aftermath of the speech, questions linger on whether the Obama administration can truly be support LGBT rights abroad when neither Obama nor Clinton have yet to express support for marriage rights for gay couples at home.
Asked if by advocating for LGBT rights abroad overseas the Obama administration is now in favor of marriage equality, the senior State Department official responded, “I think the secretary and the president have both spoken about their personal views on marriage. I think that one of things that comes up a lot in the international context is that — as in America and elsewhere — there is an ongoing debate about gay marriage. But whatever our position on gay marriage, I think one of the things that many of us have been finding an agreement on is the fact that no matter what you think about that question, we can all agree that people ought not be killed or imprisoned for who are they are and who they love.”
Watch the video of Clinton’s speech here:
U.S. Supreme Court
Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons
SCOTUS could further restrict rights of trans inmates
The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.
U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.
The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”
If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.
The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”
American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.
The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.
Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.
The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.
Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.
The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.
Federal Government
Education Department rolls back protections for LGBTQ students under Title IX
The DoE policy rescinds Biden-era protections
The Department of Education rolled back a Biden-era Title IX interpretation on Monday that secured sex-based discrimination protections for students on the basis of sexual orientation and gender identity.
Title IX was established in 1972 as landmark civil rights law. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.
Education Secretary Linda McMahon spoke about the revision of the policy, claiming the decision would explicitly help “women and girls.”
“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions. We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls,” McMahon said via press release.
Prior to her work under the Trump-Vance administration, McMahon was a World Wrestling Federation/World Wrestling Entertainment executive before resigning to pursue a career in politics. She was appointed to the Connecticut State Board of Education by then-Gov. Jodi Rell in January 2009, but resigned from her role shortly afterward to run what ultimately became two failed campaigns for Connecticut’s U.S. Senate seat in 2010 and 2012.
A “fact sheet” provided by the Department of Education also called the inclusive sexual assault and gender identity protections expanded under the Biden-Harris unlawful, saying, “This change is necessary to provide clarity in the Code of Federal Regulations so that institutions, administrations, students, and families can see the rules that are actually in force and to help eliminate public confusion about the Biden administration’s unlawful attempt to stretch Title IX’s legal protections to cover ‘sexual orientation’ and ‘gender identity.’”
This is not the first time this policy has faced judicial hurdles. While Biden was still in office, the plan was struck down in multiple courts in Republican states.
Opponents of the move say it will harm transgender athletes and weaken protections for sexual assault victims.
“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence. Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students,” said Shiwali Patel, senior director of education justice at the National Women’s Law Center.
This is a return to a first Trump term policy after Biden issued an executive order to attempt to curb discrimination for all — especially those with different sexual orientations and gender identities — that had been given a pass during Trump’s first term. Much of Title IX’s policy has a narrow vision of what sex protections look like that often and enthusiastically leave gender-diverse and non-heterosexual people out.
In March 2021, President Joe Biden signed Executive Order 14021, “Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” to attempt to undo some of the flagrantly anti-LGBTQ policy the Trump-Pence administration had set forth relating to Title IX protections for LGBTQ students and sexual assault survivors.
The secretary focused this “win” for the administration as one more step toward restricting transgender students from competing in women’s sports, but the 2020 rule, completed under former Education Secretary Betsy DeVos, didn’t explicitly ban trans students from participating on sports teams consistent with their gender identity. It did limit the types of sexual harassment and assault complaints that schools had to investigate and required live hearings so male students could respond to accusations.
McMahon didn’t discuss those aspects in her statement or in requests for comment. The 2020 rule drew praise from conservatives and intense opposition from advocates who said it downplayed sexual abuse and left victims unprotected.
In a statement, U.S. Rep. Tim Walberg (R-Mich.), who chairs the House Education Committee, said, “Returning to the 2020 regulations restores longstanding protections for women and girls that the Biden-Harris administration attempted to dismantle and realigns Title IX policy with court precedents.”
LGBTQ activists have called this decision a direct attack on LGBTQ safety — particularly for trans students who continue to face a barrage of legislative, executive, and judicial attacks in recent years from the Trump-Vance administration.
Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy group in the world, released a statement following the DoE’s announcement.
“Title IX is, quite simply, about protecting students and ensuring that they are safe from abuse, harassment, and discrimination while they pursue their education. But Donald Trump and his cronies aren’t interested in any of that,” Robinson said. “Donald Trump’s Department of Education has completely lost sight of that mission. Instead of enforcing protections for students, they’re rescinding them. They don’t care if sexual harassment and assault go unaddressed. And they’re happy to strip funding away from school districts and states that are actually trying to keep students safe.
“We know who will be hurt: women, girls, and others who are vulnerable to sexual harassment, assault and abuse — including LGBTQ+ students. The fact that they’re dropping this rule into place abruptly, without a comment period, denying families, educators, loved ones, and the students themselves a say in how they should be treated, shows how little they care about the safety of our students.
“This is a monstrous injustice, and it drives home how essential it is that we take action at the polls this November to start bringing some accountability to an administration that has turned its back on the very students Title IX was written to protect,” she added.
The Washington Blade reached out to the DoE for comment and questions on whether Title IX protections still included LGBTQ students, and received this email response from Education Spokesman Sabin Sidney:
“Your questions indicate you are clearly missing the entire point of this Final Rule. The Biden Administration illegally rewrote Title IX to include ‘sexual orientation’ and ‘gender identification’ in the definition of sex-based discrimination. The Trump Administration is rescinding this rule—only after every federal court that heard legal challenges rejected it as unlawful.
“Since January 2025, the Department has been enforcing Title IX consistent with the President’s Executive Order grounded in biological truth that there are only two sexes. The Trump Administration is restoring the original promise of Title IX and providing clarity to students, parents, and educational institutions. We will vigorously defend equal opportunity consistent with the law’s intended purpose.”
National
Dr. Fauci ‘honored to be part of’ LGBTQ history
Equality Forum presents pioneering AIDS researcher with Int’l Role Model Award
PHILADELPHIA — Dr. Anthony Fauci accepted an award from the Equality Forum on Sunday in which he told the audience that he is honored to be part of the LGBTQ community’s history.
“Over these many decades I have not simply admired the community — I have genuinely enjoyed being part of the conversation with it,” Fauci said. “I’ve enjoyed the arguments, debates, disagreements, the humor, the friendship and above all the extraordinary commitment to alleviate suffering and prevent premature death for persons living with HIV.”
Fauci continued, “I am grateful to the Equality Forum for this award. I am grateful to the LGBTQ community for allowing me throughout these many years to become part of your struggle and I am deeply honored to be part of your history.”
Fauci traveled to Philadelphia to accept the Equality Forum’s International Role Model Award. Longtime HIV/AIDS activist Peter Staley presented Fauci with the award, recalling the early days in the fight against the disease and that activists in the 1980s frequently clashed with Fauci, director of the National Institute of Allergy and Infectious Diseases at the time. In his remarks, Staley recalled the message on one sign from an ‘80s protest, “Fuck Fauci.” But activists warmed up to Fauci and he ultimately befriended his former gay critics, including Larry Kramer.
Also at Sunday’s event, the Equality Forum honored Erica Deuso, the first out transgender mayor in Pennsylvania; she was elected mayor of Downington, Pa., and sworn in last January. Ben Garcia, executive director of the American LGBTQ+ Museum in New York presented Deuso with the Frank Kameny Award.
The event also served as the kickoff of LGBT History Month, which Equality Forum honors by naming 31 LGBT Icons, one per day in October. Visit equalityforum.org for a full list of its more than 600 queer Icons. This year’s honorees include designer Calvin Klein, Rep. Chris Pappas, and President Abe Lincoln.
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