National
2011: A year of milestones, tragedies, courtroom fights
From N.Y. marriage to Frank’s retirement, another year to remember in LGBT news
The story of the year was the end of “Don’t Ask, Don’t Tell.” Here are our picks for the rest of 2011’s top LGBT news stories.
#2 N.Y. approves marriage
New Yorkers celebrated same-sex marriage during June Pride. (Blade photo by Michael Key)
The Empire State became the sixth and most populous state in the country to legalize same-sex marriage in June when the legislature passed and Gov. Andrew Cuomo (D) signed into law a bill legalizing marriage rights for gay couples.
Upon passage of the legislation, Cuomo said New York has “finally torn down the barrier that has prevented same-sex couples from exercising the freedom to marry and from receiving the fundamental protections that so many couples and families take for granted.”
The achievement marks the first time that a Republican-controlled legislative chamber — in this case, the New York State Senate — passed legislation in this country legalizing same-sex marriage.
The law went into effect in the state on July 24. Kitty Lambert and Cheryle Rudd, a lesbian couple from Buffalo, N.Y., wed in Niagara Falls at midnight and became the first couple in the state to benefit from the law.
#3 Rep. Barney Frank retires
Rep. Barney Frank announced in November that he wouldn’t seek a 17th term in the House. (Blade photo by Michael Key)
The longest-serving openly gay member of Congress announced in November that he wouldn’t seek a 17th term in the U.S. House.
Rep. Barney Frank (D-Mass.), 71, was first elected to Congress in 1980. The lawmaker made his sexual orientation known in 1987 — becoming the second to do so after Rep. Gerry Studds (D-Mass.).
Frank said redistricting in Massachusetts and his desire to retire before reaching age 75 prompted his decision not to run.
“I have enjoyed — indeed been enormously honored — by the chance to represent others in Congress and the State Legislature, but there are other things I hope to do before my career ends,” Frank said.
The lawmaker is credited with helping shepherd through the passage of hate crimes protections legislation and “Don’t Ask, Don’t Tell” repeal in the 111th Congress. But Frank was criticized by transgender activists in 2007 for dropping gender identity protections from the Employment Non-Discrimination Act. The gay-only bill ultimately died in the Senate.
His most enduring legacy will likely be the passage of Wall Street reform legislation commonly known as Dodd-Frank, which he pushed through as chair of the House Financial Services Committee.
#4 Obama won’t defend DOMA; Boehner hires counsel
House Speaker John Boehner announced that he would hire counsel to defend DOMA in court after the Obama administration said it would no longer do so. (Washington Blade file photo by Michael Key)
The Obama administration made a significant reversal in policy in February when it announced it would no longer defend the Defense of Marriage Act in court.
In a Feb. 22 letter, the U.S. Attorney General Eric Holder notified Congress that laws related to sexual orientation, such as DOMA, which prohibits federal recognition of same-sex marriage, should be subjected to heightened scrutiny.
“The president has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional,” Holder said.
Obama’s decision riled House Speaker John Boehner (R-Ohio), who accused the president of abandoning his constitutional duties. In March, Boehner convened the Bipartisan Legal Advisory Group, which on a 3-2 party-line basis voted to defend the law in court in the administration’s stead.
To assist the House general counsel in defending the law, Boehner hired private attorney Paul Clement, a U.S. solicitor general under former President George W. Bush. The cost of the private attorney was initially announced at a blended rate of $520 an hour and total cost cap of $150,000, but Boehner later bumped up the cost cap to $1.5 million.
#5 Giffords shot; gay intern hailed as hero
Gay intern Daniel Hernandez was credited with helping to save the life of Rep. Gabrielle Giffords after she was shot. (Blade photo by Michael Key)
The nation recoiled in horror in January after pro-LGBT Rep. Gabrielle Giffords (D-Ariz.) became one of 20 people shot people by a gunman during a town hall event in her district.
Daniel Hernandez Jr., a gay 20-year-old who had worked as an intern for Giffords for just five days at the time of the shooting, was credited with providing the first aid that saved her life.
“The attitude that I had,” Hernandez said, “was trying to make sure that those who had been injured were going to be OK, so to try to provide whatever first aid I could until someone else could come in and take over.”
Medics arrived on the scene to take Giffords and others to the University Medical Center in Arizona. Giffords slowly recovered and made her first appearance on the House floor in August to vote in favor of the agreement to raise the debt ceiling limit.
At a memorial service, President Obama called Hernandez a “hero” during his eulogy. The White House invited Hernandez — along with his father, Danny Hernandez Sr., — to sit alongside first lady Michelle Obama during the State of the Union address in January.
#6. Clinton, Obama endorse int’l LGBT rights
Hillary Clinton delivered a sweeping pro-LGBT speech in December calling for other nations to respect gay rights as human rights. (Washington Blade file photo by Michael Key)
Secretary of State Hillary Clinton in December gave a high-profile speech in Geneva, Switzerland in which she spoke out against human rights abuses committed against LGBT people overseas.
During the speech, Clinton reiterated her previously held belief that human rights are gay rights and gay rights are human rights and said LGBT people overseas “have an ally in the United States of America.”
“It is a 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.
Clinton gave the speech on Dec. 6 in observance 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.
On the same day, President Obama issued a memorandum to government agencies urging them to step up efforts against anti-LGBT human rights abuses abroad. Among other things, the memo calls on agencies to work against the criminalization of homosexual acts overseas and directs the State Department to lead a “standing group” to respond swiftly to serious incidents threatening LGBT human rights abroad.
#7 Jamey Rodemeyer commits suicide
Year In Review: 2011
A 14-year-old from Williamsville, N.Y. took his own life in September after his parents said he was subjected to bullying in school over his sexual orientation.
Jamey Rodemeyer, who attended Williamsville North High School, took his life in an apparent hanging. Prior to his death, he sent his last message in the form of a tweet to Lady Gaga, which read, “Bye Mother Monster. Thank you for all you have done. Paws up forever.”
Rodemeyer made a video for the “It Gets Better” project, a website dedicated to preventing teen suicide, in which he identified as bisexual and described the harassment he endured from other students.
“I just want to tell you that it does get better [be]cause when I came out for being bi I got so much support from my friends and it made me feel so secure,” Rodemeyer says in the video.
Rodemeyer’s death inspired outrage across the nation. Lady Gaga told her fans via Twitter she spent the days after his suicide “reflecting, crying and yelling.” She later met with President Obama over the issue of bullying.
#8 GOP hopefuls tout anti-gay views
Former Sen. Rick Santorum said he would resinstate ‘Don’t Ask, Don’t Tell’ if elected president. (Blade photo by Michael Key)
Presidential election season officially kicked off this year as Republican candidates seeking to oust President Obama from the White House touted their anti-gay views.
Former U.S. Sen. Rick Santorum likely took the prize for emphasizing anti-gay positions most often in his campaign. In addition to pledging to reinstate “Don’t Ask, Don’t Tell,” Santorum said, “our country will fail” as a result of same-sex marriage. He also raised eyebrows in August when he said same-sex marriage is like “saying this glass of water is a glass of beer.”
Activists with Truth Wins Out revealed the therapy clinic that Rep. Michele Bachmann (R-Minn.) co-owns with her husband, Marcus Bachmann, engages in widely discredited “ex-gay” conversion therapy aimed at turning gay people straight. The candidate has refused to answer questions about the clinic.
A total of five contenders — former Massachusetts Gov. Mitt Romney, former House Speaker Newt Gingrich, Santorum, Texas Gov. Rick Perry and Bachmann — each penned their name to an anti-gay pledge from the National Organization for Marriage. Signing the document commits them to backing a U.S. constitutional amendment against same-sex marriage and to defending the Defense of Marriage of Act in court.
#9 Prop 8 fight continues in California
Litigation seeking to overturn Proposition 8 progressed through the courts this year amid questions over whether proponents have standing to defend the law and whether the sexual orientation of the judge who ruled against the marriage ban should have disqualified him.
In the case of Perry v. Brown, the U.S. Ninth Circuit Court of Appeals in January sent the question of whether Prop 8 proponents had standing to defend the amendment in court to the California Supreme Court. The question emerged after state officials declined to litigate on behalf of the same-sex marriage ban.
In November, the California high court issued a unanimous decision that Protect Marriage and other groups who worked to pass the anti-gay initiative in 2008 indeed could continue the case.
Another challenge to U.S. District Judge Vaughn Walker’s decision emerged in April after the retired magistrate told reporters he’s gay and has been living with a same-sex partner for 10 years. Proponents of Prop 8 said Walker should have recused himself from the case.
But in June, U.S. District Judge James Ware ruled that Walker’s sexual orientation wasn’t a factor in the judge’s decision to rule against Prop 8 and upheld the previous decision. The anti-gay activists appealed the ruling to the Ninth Circuit.
The Ninth Circuit heard oral arguments on whether Walker’s sexual orientation should have disqualified him as well as whether the tapes of the trial should be made public. The appellate court has yet to make a decision on any of these issues.
#10 Solmonese steps down from HRC
HRC President Joe Solmonese announced in August that he would step down after six years at the helm of the nation’s leading LGBT advocacy group. (Washington Blade file photo by Michael Key)
The head of the Human Rights Campaign announced in August that after six years he would be stepping down as president of the nation’s largest LGBT organization.
The co-chairs of the board of directors of HRC and its sister organization, the HRC Foundation, said Joe Solmonese will remain as head of both organizations until the completion of his contract in March to ensure a smooth leadership transition.
Solmonese oversaw the defeat of the Federal Marriage Amendment in 2006 as well as passage of hate crimes protections legislation and repeal of “Don’t Ask, Don’t Tell.” But he alienated many transgender activists in 2007 when he declined to oppose a decision by House Democratic leaders to remove protections for transgender people from the Employment Non-Discrimination Act.
The search committee seeking Solmonese’s replacement is being co-chaired by board members Joni Madison of North Carolina and Dana Perlman of Los Angeles. The replacement has yet to be announced.
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
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.
National
Medical groups file lawsuit over Trump deletion of health information
Crucial datasets included LGBTQ, HIV resources
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.
U.S. Federal Courts
Federal judge scraps trans-inclusive workplace discrimination protections
Ruling appears to contradict US Supreme Court precedent
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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