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Court ruling in trans case hailed as ‘hugely important’

Ga. official sued after being fired for undergoing transition

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Vandy Beth Glenn (Photo courtesy Human Rights Campaign)

LGBT advocates are hailing a federal appellate court ruling as a significant win for transgender rights and a means to provide recourse to others who face discrimination in the workplace on the basis of sexual orientation and gender identity.

On Tuesday, the U.S. Eleventh Circuit Court of Appeals upheld a lower court decision that the Georgia Legislature had unlawfully discriminated against Vandy Beth Glenn for firing her as bill proofreader in 2007 after she informed supervisors she intended to transition from male to female.

“An individual cannot be punished because of his or her perceived gender-nonconformity,” the court decision states. “Because these protections are afforded to everyone, they cannot be denied to a transgender individual.”

Judge Rosemary Barkett, writing for the unanimous three-judge panel, which included Judge William Pryor and Senior Judge Phyllis Kravitch, determined the General Assembly’s Legislative Counsel, Sewell Brumby, violated Glenn’s rights under the Equal Protection Clause.

Lambda Legal had filed the case, known as Glenn v. Brumby, on behalf of Glenn in July 2008. In 2010, a district court had ruled previously in Glenn’s favor.

The court ruled in favor of Glenn even though no federal law is in place that specifically protects transgender people against discrimination in the workplace.

LGBT advocates see the ruling as significant because it could help make the case to bar discrimination against trans people in other situations.

Nan Hunter, a lesbian law professor at Georgetown University, said the decision advances other court rulings that have determined discrimination based on gender non-conformity amounts to sex discrimination by applying the potential protections to more people.

“It makes it extend beyond the more narrow definition of gender identity,” Hunter said. “I think it applies more broadly than to persons who have undergone surgery or hormonal treatment. That’s my sense of how the decision can be used. It is not explicit in the decision but the court used gender non-conformity, and the phrase gender-based behavioral norms, and I think that’s a very important development.”

Hunter said the ruling could also have an impact on gay, lesbian and bisexual people seeking recourse if they’ve experienced discrimination on the basis of sexual orientation — although the decision makes no explicit reference to these individuals.

“There’s no category of persons who can be excluded from protection based on that principle,” Hunter said. “So, if you had a case in which the trigger for discrimination based on gender non-comformity was sexual orientation rather than a transgender status, then, yes, I think this case could be applied, and should be applied.”

The ruling in favor of transgender protections in the workplace is also notable because the Eleventh Circuit is known for its conservative opinions. One of the judges, Pryor, was appointed by President George W. Bush and among the judicial nominees that Senate Democrats attempted to filibuster — and progressive groups railed against — because they said he was unfit to serve on the bench.

Mara Keisling, executive director of the National Center for Transgender Equality, called the decision “hugely important” because of the level of the Eleventh Circuit and the background of the judges who issued the ruling.

“It’s the highest court that’s decided something like this, it’s a conservative circuit and it’s going to be a message to employment attorneys to tell their clients that you can’t discriminate against trans people just because they’re trans people,” Keisling said.

Additionally, Hunter said the ruling could have also political implications that could enable Congress, state and local governments and the White House to move forward with LGBT non-discrimination protections.

Advocates have been pushing passage of the Employment Non-Discrimination Act in Congress, which would prohibit job bias against LGBT people in the public and private workforce. At the same time, President Obama is facing calls to issue an executive order barring federal dollars from going to contractors that don’t have non-discrimination protections for LGBT workers.

“If we want to clarify and elaborate on how gender identity discrimination should be prohibited, we’re not taking any controversial step here,” Hunter said. “We’re just sort of filling in the details. That, I think, will make the achievement of explicit gender identity protection more likely.”

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National

Madonna turns Times Square into massive dance floor

Pop icon celebrates Pride month with surprise performance

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Madonna surprised New York fans with an impromptu show in Times Square. (Photo by Alex Antonioni; courtesy Warner Records)


Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.

She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”

In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream. 

Madonna performs in Times Square on Thursday. (Photo by Alex Antonioni; courtesy Warner Records)
(Photo by Ricardo Gomes; courtesy Warner Records)

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Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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