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Hospital apologizes for ‘delay’ in allowing visit by lesbian partner

Women file discrimination complaint against Washington Adventist Hospital

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Washington Adventist Hospital (Washington Blade photo by Michael Key)

The president of the Takoma Park, Md., based Washington Adventist Hospital has apologized for what she says was a “miscommunication” that led to a delay by the hospital in allowing a woman to visit her same-sex partner following the partner’s admission to the emergency room.

But hospital president Joyce Newmyer disputes claims by the two women and the Human Rights Campaign that an initial denial of a request to visit the partner was due to discrimination. Instead, she says it was based entirely on a policy of barring anyone from visiting emergency room patients undergoing initial treatment and evaluation.

Newmeyer’s assessment of the matter is at odds with an account by Takoma Park residents Kathryn Wilderotter and Linda Cole, who have been partners for eleven years and were legally married in Canada in 2004.

The Human Rights Campaign, a national LGBT advocacy group, released a statement saying a hospital staff member declined to allow Cole to visit Wilderotter shortly after Wilderotter was taken by ambulance on Nov.13, 2011 to the hospital’s emergency room because Cole “was reportedly not recognized as a family member.”

Wilderotter told the Blade she suffered a seizure while driving her car, resulting in a crash that led to an injury. She said a female staff member sitting at the front desk at the emergency room entrance declined to allow Cole to visit Wilderotter after Cole told the woman she was Wilderotter’s partner and spouse.

According to Wilderotter, Cole called Wilderotter’s sister, Kristin Biggs, who arrived at the hospital about 20 minutes later. When Biggs approached the same emergency room staff member she introduced herself as Wilderotter’s sister, Wilderotter told the Blade.

The female staff member then replied, “Oh, we have family here now. You can go in,” Wilderotter quoted her partner as informing her.

HRC announced in its Jan. 19 statement that Cole and Wilderotter have filed separate complaints of discrimination over the incident with a joint federal commission that regulates hospitals and the Centers for Medicare and Medicaid Services, an arm of the U.S. Department of Health and Human Services.

“Discrimination during a medical emergency may be one of the worst forms of discrimination LGBT people face,” said HRC President Joe Solmonese. “Recognizing this problem, federal regulations were put in place to end discrimination in healthcare settings and allow all people to be with their loved ones during their most critical moments.”

Solmonese was referring to the implementation in January 2011 of new federal regulations initiated by the Obama administration that require all hospitals participating in Medicaid and Medicare programs to allow patients to designate the persons they wish to see as visitors. The regulations prohibit discrimination in hospital visitation based on sexual orientation and gender identity among other categories.

Since nearly every U.S. hospital participates in Medicaid or Medicare programs the new regulations are said to apply to nearly all hospitals in the country, including Washington Adventist Hospital.

Meanwhile, HRC said in its statement that Washington Adventist Hospital has not responded to its annual survey of healthcare providers, which it uses to publish the HRC Healthcare Equality Index. The index assesses and discloses the policies and practices of hospitals related to LGBT patients and their families.

Newmyer told the Blade on Monday that she didn’t know why the hospital hasn’t returned the HRC survey in past years but said hospital officials were currently working on it and would be sending it to HRC shortly.

In a phone interview with the Blade on Monday, Wilderotter said a hospital executive called the couple six weeks later to say the incident was caused by a new employee unfamiliar with hospital policies and that the hospital apologized for what happened.

Newmyer posted a statement on the hospital website on Jan. 20 saying she was troubled over news media stories reporting the initial denial of visitation was due to discrimination.

“First, I want to express my deepest apologies to Ms. Wilderotter and Ms. Cole for feeling anything less than valued at our hospital,” she said in the statement. “As a policy and a practice, our hospital does not discriminate against anyone regardless of their race, ethnicity, faith, sexual orientation or ability to pay,” she said.

Newmyer told the Blade on Monday that a hospital investigation into the incident shows that a “perfect storm” of miscommunication and coincidence may have led Cole and Wilderotter to believe they were singled out for discrimination.

According to Newmyer, when Cole arrived at the hospital doctors and emergency room attendants were treating Wilderotter and evaluating her condition. She said the hospital has a policy that prohibits anyone from visiting an emergency room patient at this “critical” stage of treatment.

She could not determine exactly what the hospital staff person told Cole at this time, Newmyer said, but she is certain that the denial of the visit would have been issued to anyone arriving at that time. In what she called an unfortunate coincidence, Newmyer said the attending doctors and staff completed their initial evaluation of Wilderotter and cleared her to receive visitors just as Wilderotter’s sister arrived.

When the sister was allowed to enter the emergency room treatment area, Cole understandably could have concluded that her initial denial was due to discrimination rather than the across-the-board policy of delaying visitation during the early stage of treatment, Newmyer said.

Wilderotter said the emergency room staff member’s comment referring to her sister as “family” and saying the sister could enter the area where she was being treated suggests that the staff member believed the sister rather than Cole should be allowed to enter the treatment area for a visit. Wilderotter said she has also heard from friends and others familiar with Washington Adventist Hospital that family members are sometime allowed in to visit a loved one in the emergency room even during the early stage of treatment by doctors and nurses.

“My sister took Linda by the hand and led her in,” said Wilderotter, who noted that she was comforted to see the two of them arrive at her side. Wilderotter said the staff member at the emergency room entrance didn’t attempt to stop Cole from entering the treatment area with her sister.

Catherine Holroyd, a Hyattsville, Md., resident contacted the Blade on Monday to report that she and her lesbian partner have been treated with respect and were fully recognized as a same-sex couple when the two have been admitted to Washington Adventist Hospital on separate occasions as patients.

“I’m a retired nurse,” Holroyd said. “I can tell you that we’ve been treated well at that hospital and so have other gay couples.”

HRC spokesperson Paul Gueguierre said Cole and Widerotter’s discrimination complaint has merit.

“Linda Cole was denied access to her partner during a time of great need,” he said. “Regardless of whether it was a simple communications problem, this was unfortunately a case of healthcare discrimination,” he said.

“We are encouraged by recent statements by hospital administrators that they do not discriminate and will take steps to prevent this from happening again in the future,” Guequierre said. ”We look forward to their participation in the Healthcare Equality Index. The HEI is designed to prevent cases like this one.”

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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Virginia

Hashmi speaks at Equality Virginia Lobby Day

Lt. gov. is a vocal LGBTQ ally

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Virginia Lt. Gov. Ghazala Hashmi (YouTube screenshot)

Lieutenant Gov. Ghazala Hashmi on Monday opened Equality Virginia’s annual Lobby Day in Richmond.

The Lobby Day was held at Virginia’s Capitol and was open to the public by RSVP. The annual event is one of the ways that Equality Virginia urges its supporters to get involved. It also offers informational sessions and calls to action through social media.

Hashmi, a former state senator, has been open about her support for the LGBTQ community and other marginalized groups. Her current advisor is Equality Virginia Executive Director Narissa Rahaman, and the group endorsed her for lieutenant governor. 

Hashmi historically opposes anti-transgender legislation.

She opposed a 2022 bill that sought to take away opportunities from trans athletes.

One of the focuses of this year’s Lobby Day was protecting LGBTQ students. Another was protecting trans youth’s access to gender-affirming care.

Advocates spent their day in meetings and dialogues with state legislators and lawmakers about legislative priorities and concerns. 

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