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White House holds LGBT health summit

Officials hail LGBT progress at Philadelphia conference

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PHILADELPHIA — The White House heard the concerns of LGBT people here during the first of a series of conferences aimed at allowing the Obama administration to engage directly with the LGBT community and highlight its achievements.

More than 300 people from 22 states attended the conference, which was focused on LGBT health, on Thursday in the Dorrance H. Hamilton Building at Thomas Jefferson University.

Obama administration officials touted their work over the past three years on health and LGBT issues. Conference participants asked questions of officials in a town-hall style format — many focused on transgender inclusion of the administration’s LGBT work — and participated in workshops on issues such as LGBT aging, youth and transgender health as well as the health care reform law and engagement opportunities with the administration.

Secretary of Health & Human Services Kathleen Sebelius delivered the keynote speech and emphasized the purpose of the conferences was to allow the Obama administration to have greater engagement with the LGBT community.

“The goal of these conferences is to talk about some of the work that we’re doing that might be of interest to you in health, but it’s also a real opportunity … to listen, to have you share your ideas and your challenges and your struggles with us because that really helps us inform our policy each and every day,” Sebelius said.

The secretary invoked President Obama’s State of the Union address, recalling his emphasis on “fairness” as a core American value, and said this sense of fairness applies to LGBT people.

“We need to have an America that values everyone and has the same set of values and same set of rules for everyone,” Sebelius said. “And that belief means ensuring that LGBT Americans have the same protections and opportunities as their neighbors, as their colleagues, as their family members.”

Sebelius also emphasized the importance of the health care reform law. Among the LGBT-specific areas the secretary trumpeted was preventing insurers from discriminating against someone based on LGBT status, initiating data collection efforts on LGBT health and expanding HealthCare.gov to facilitate searches for health insurance plans covering same-sex partners.

The secretary also touted the insurance exchanges aimed at lowering costs to make health care more affordable.

“Every American in 2014 will have access to an insurance exchange, either run by the state or run by the federal government,” she said. “The only thing that the state can do is opt out of running it themselves, but believe me, right behind them, is us.”

Sebelius also addressed the administration’s effort to combat HIV/AIDS through the National AIDS Strategy, noting that half of all black gay men in urban areas are living with the disease.

“The result is more momentum behind domestic HIV efforts today than we’ve had for nearly a decade, and we’re only just beginning,” Sebelius said. “We think we have an opportunity … to look at a generation that will be HIV free.”

On Monday, Obama made public his budget request for fiscal year 2013, which includes an increase in funding for domestic HIV/AIDS programs, but flat-lined research programs and cut the President’s Emergency Plan for AIDS Relief, which is aimed at fighting AIDS overseas.

No mention was made about progress in research efforts to lift the Food & Drug Administration’s ban prohibiting gay and bisexual men from donating blood. HHS told members of Congress in July it was studying four areas to determine whether it could end the ban.

John Berry, director of the Office of Personnel Management and the most senior openly gay official in the Obama administration, delivered opening remarks at the event that catalogued Obama’s LGBT achievements, including repeal of “Don’t Ask, Don’t Tell” and discontinuation of the defense of Section 3 of the Defense of Marriage Act in court.

“I grew up in a time when it was OK to discriminate based on sexual orientation, when I could be kept from a loved one’s hospital bed, when I couldn’t serve the country I loved just because of who I loved,” Berry said. “Many of us in this room grew up in the midst of that fear and hostility, but thankfully the tide is turning.”

Berry cited the legal briefs the Obama administration has filed in cases against DOMA: both in Golinski v. United States and Windsor v. United States.

“I encourage you, if you’ve never read a legal brief, pick this one up,” Berry said. “It explains why discrimination based on sexual orientation is entitled to heightened constitutional scrutiny, and that is based upon the history that we have lived through and why they conclude — the president and the Justice Department — that Section 3 fails that scrutiny.”

Outstanding work on LGBT issues that the president wants to see accomplished, Berry said, includes removing DOMA from the books and passage of the Employment Non-Discrimination Act.

After his speech, Berry told the Washington Blade that he couldn’t “go into any specifics” about forthcoming LGBT-related policy changes.

“The beauty of having over 200 LGBT appointees embedded across our government is that every day they’re making changes in regulations and forms and laws and working in policies that are making the future,” Berry said.

Berry deferred questions to the White House on whether the new initiatives would include an executive order requiring federal contractors to have LGBT-inclusive non-discrimination policies.

The conference also featured a panel of three HHS officials: Kathy Greenlee, assistant secretary for aging; Howard Koh, assistant secretary of health; and Ken Choe, deputy general counsel. Greenlee and Choe are openly gay.

During his remarks on the panel, Greenlee said she “must crow about” how HHS recognizes diversity within the LGBT community as it works on related issues.

“The people at HHS are sophisticated enough and committed enough to understand that LGBT is not a word and that each of those letters represents a different community,” Greenlee said. “As we do the analysis of our work, there are times that we stop and say, ‘What are we doing for the transgender community? Do we have anything for bisexuals? And lesbian and gay health are different issues.”

According to the White House, later conferences planned in other places throughout the country will focus on topics including — but not limited to — housing and homelessness, safe schools and communities, and HIV/AIDS prevention. An informed source said the next conference will take place March 9 in Detroit and will focus on LGBT homelessness.

Kellan Baker, a health policy analyst for the Center for American Progress’ LGBT research and communications project, attended the conference.

“It’s amazing that LGBT health is the first in this series of really groundbreaking events that the White House is doing, and it’s really exciting to have the secretary here to talk about all the great work that HHS is doing now and that they’re planning to do in the future,” Baker said.

But Baker identified one area of improvement that HHS could pursue: expanding the search option on HealthCare.gov to find plans that don’t exclude care for transgender people.

“I get a lot of questions about where to find lists of plans or policies that don’t include these exclusions,” Baker said. “Almost every single plan — including Medicare, most state Medicaid plans, most private plans, including those sold through the Federal Employees Health Benefits Program — has exclusions that specifically target care for transgender people and make it impossible for them to get a wide range of care, including basic primary care.”

Laurie Young, director of aging and economic security for the National Gay & Lesbian Task Force, was also in attendance and said the conference was important because it enabled members of the LGBT community to voice concerns.

“I think it’s just stunning that everyday people get to stand up and talk about what they feel and talk about what they need, and the administration’s listening,” Young said.

CORRECTION: An earlier version of this article incorrectly stated that Howard Koh, assistant secretary of health, is openly gay. The Blade regrets the error.

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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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