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Senate confirms gay nominee to Calif. federal court

Fitzgerald approved by vote of 91-6

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Michael Fitzgerald (Blade file photo by Michael Key)

The Senate on Thursday confirmed to the bench a gay judicial nominee whom Republicans had held up for four monthsĀ from receiving a floor vote along with other appointees.

Michael Fitzgerald, whom President Obama nominated for a seat on the U.S. District Court for the Central District of California in July, was approved by a vote of 91-6. A simple majority was required for confirmation.

The six senators who voted “no” were Roy Blunt (R-Mo.), Jim DeMint (R-S.C.), James Inhofe (R-Okla.), Mike Lee (R-Utah), Rand Paul (R-Ky.) and David Vitter (R-La.). Not voting were Sens. Lamar Alexander (R-Tenn.) and Orrin Hatch (R-Utah) as well as Mark Kirk (R-Ill.), who’s been recovering from a stroke.

“I am honored by the Senateā€™s confirmation vote today,” Fitzgerald said in a statement. “I am grateful to the President for my nomination. I am grateful to Senator Boxer for her recommendation of me to the President. I am grateful to Senator Feinstein for her support in the Senate Judiciary Committee. I look forward to serving the people of the Central District of California.”

The Senate Judiciary Committee reported out his nomination in NovemberĀ unanimously by voice voteĀ to the Senate floor, but his confirmation has been held up along with other nominees.

Barbara Boxer (D-Calif.), who recommended the Fitzgerald nomination, spoke highly of him on the Senate floor prior to the vote as she chided Republicans for holding up his confirmation.

“He is an historic choice, and a vote of Mr. Fitzgerald’s nomination is long overdue, because he was voted out of the Senate Judiciary Committee unanimously 133 days ago, on Nov. 3, 2011,” Boxer said. “It really shouldn’t take this long to confirm such a highly-qualified nominee like Mr. Fitzgerald, especially because this seat has been designated a judicial emergency.”

According to Boxer’s office, formerĀ President George W. Bushā€™s district court nominees waited an average of 22 daysĀ as of March 2004 for confirmation after being reported out by the Judiciary Committee. Comparatively,Ā President Obamaā€™s district court nominees have waited an average of 93 days.Ā Fitzgerald has waited 132 days for a vote on his nomination.

Fitzgerald was among 17 nominees pending before the Senate on which Senate Majority Leader Harry Reid (D-Nev.) filed cloture Monday as a result of Republicans objecting to floor votes on their confirmation. But as a result of a deal that was reached on Wednesday, Democrats and RepublicansĀ will move 12 district court judges and two circuit court judges through the confirmation process by May 7. Fitzgerald’s vote was locked in Thursday under the agreement.

LGBT advocates praised the confirmation of Fitzgerald and said his previous work over the years as an attorney makes him qualified for the position on the bench. Fitzgerald has had experience in private practice in addition to working as a U.S. attorney.

Chuck Wolfe, CEO of the Gay & Lesbian Victory Fund, said Fitzgerald’s legal experience “makes him an excellent choice for the federal bench.”

“He joins a still very small but growing group of openly LGBT federal judges, and we commend the Obama administration for making sure these esteemed positions are open to all qualified Americans, regardless of sexual orientation or gender identity,” Wolfe said.

Joe Solmonese, president of the Human Rights Campaign, said he applauds for the Senate for the confirming Fitzgerald ā€” calling him “eminently qualified nominee” ā€” as he took a jab at Republicans for holding up the nomination for so long.

“We are disappointed that it took months for the Senate to consider his nomination because Republican leadership has been refusing to give President Obamaā€™s judicial nominees a timely up or down vote,” Solmonese said.

Michael Fleming, executive director of the David Bohnett Foundation and longtime friend of Fitzgerald’s, also had good things to say about the new judge upon his confirmation.

“I’ve known Michael for years and no one better embodies the qualitiesĀ we seek to find in all of our judges ā€” wisdom, honesty and integrity,” Fleming said. “There’s a reason why he was nominated by the president and why he hasĀ sailed through this process with such ease ā€” because he has the skillsĀ and strengths to be a great judge.”

Lorri Jean, CEO of L.A. Gay & Lesbian Center, also said she’s known Fitzgerald for many years and believes he’ll serve the country with honor.

ā€œIā€™m grateful to the President and the Senate for appointing a judge who brings to the bench not only a keen intellect, a wealth of legal experience and strong ethics, but life experience as a gay man,ā€ Jean said. ā€œItā€™s essential to have sexual orientation and gender identity diversity on the bench for the same reason itā€™s important to have racial and gender diversity in the judiciary; the life experience of judges provides valuable insight, and influences, their interpretation of the law. As Supreme Court Justice Sonia Sotomayor once said, ā€˜Personal experiences affect the facts that judges choose to see.ā€™”

Congratulations also came from the White House.

ā€œThe president welcomes the confirmation of Michael Fitzgerald,” said White House spokesperson Shin Inouye. “He will serve the American people well on the U.S. District Court for the Central District of California.ā€

Fitzgerald was given a review by the American Bar Association, which gave him a rating of ā€œunanimously well-qualified.ā€

Most recently, Fitzgerald worked at Corbin, Fitzgerald & Athey LLP in 1998,Ā but prior to that experience, he worked at the Law Offices of Robert L. Corbin PC and at the law firm of Heller, Ehrman, White & McAuliffe.

The new judge also served as an assistant U.S. Attorney in Los Angeles, where heĀ handled criminal cases, such as a drug and money laundering case involving what at that time was the second-largest cocaine seizure in California.

In his questionnaire response to the Senate Judiciary Committee, Fitzgerald wrote that he has participated in some LGNT activism, including the 2008 campaign against Proposition 8 as a door-knocker. Fitzgerald is also a member of the Harvard-Radcliffe Gay & Lesbian Caucus. From 2007 to 2008, he served on the leadership task force for the L.A. Gay & Lesbian Center. In the 1990s, he was a member of the Stonewall Democratic Club.

Fitzgerald isn’t a stranger to represent client in cases related to LGBT rights. He was involved in the settlement of Buttino v. FBI, the 1993 class-action lawsuit involving Frank Buttino, a gay FBI specialist who was anonymously outed to his superior, resulting in the removal of his security clearance and subsequent firing. Fitzgerald asked his law firm at the time to represent Buttino on a pro bono basis.

As a result of the settlement, the FBI renounced its prior policy of viewing homosexuality as a negative factor in regard to security clearances, the FBI agreed to hire an openly lesbian special agent and Buttinoā€™s pension was restored.

Fitzgerald is the fourth out federal judicial nominee chosen by the White House, but third one to receive confirmation from the Senate. Fitzgerald’sĀ confirmation makes him the first openly gay federal judge to serve in California.

In July, the Senate confirmed J. Paul Oetken to the U.S. District Court of Southern District of New York, making him the first openly gay male to sit on the federal judiciary. In October, the Senate confirmed lesbian Alison Nathan to the same court.

Another one of Obama’s gay judicial nominees, Edmund DuMont, was withdrawn after he asked the White House to remove him from consideration. DuMont was first nominated onĀ April 14, 2010, but his nomination languished for more than 18 months without the taking Senate taking action. He was nominatedĀ the U S. Court of Appeals for the Federal Circuit and would have been the first openly gay federal appellate judge.

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Lesbian software developer seeks to preserve lost LGBTQ history

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ā€˜There's so much history, and we have to transfer it to the digital,ā€™ says Kristen Gwinn-Becker.

Up until the early 2010s, if you searched ā€œBabe Ruthā€ in the Baseball Hall of Fame, nothing would pop up. To find information on the greatest baseball player of all time, you would have to search ā€œRuth, George Herman.ā€ 

That is the way online archival systems were set up and there was a clear problem with it. Kristen Gwinn-Becker was uniquely able to solve it. ā€œI’m a super tech geek, history geek,ā€ she says, ā€œI love any opportunity to create this aha moment with people through history.ā€ 

Gwinn-Becker is the founder and CEO of HistoryIT, a company that helps organizations create digital archives that are genuinely accessible. ā€œI believe history is incredibly important, but I also think it’s in danger,ā€ she says. ā€œLess than 2% of our historical materials are digital and even less of that is truly accessible.ā€

Gwinn-Beckerā€™s love for history is personal. As a lesbian, growing up, she sought out evidence of herself across time. ā€œI was interested in stories, interested in people whose lives mirrored mine to help me understand who I was.ā€ 

ā€œ[My identity] influences my love of history and my strong belief in history is important,ā€ she says.

Despite always loving history, Gwinn-Becker found herself living and working in San Francisco during the early dot com boom and bust in the ā€˜90s. ā€œIt was an exciting time,ā€ she recounts, ā€œif you were intellectually curious, you could just jump right in.ā€

Being there was almost happenstance, Gwinn-Becker explained: ā€œI was 20 years old and wanted to live in San Francisco.ā€ Quickly, she fell in love with ā€œall of the incredible new tools.ā€ She was working with non-profits that encouraged her to take classes and apply the new skills. ā€œI was really into software, web, and database development.ā€ 

But history eventually pulled her back. ā€œTech was fun, but I didn’t want to be a developer,ā€ she says. Something was missing. When the opportunity to get a Ph.D. in history from George Washington University presented itself, ā€œI got to work on the Eleanor Roosevelt papers, who I was and remain quite passionate about.ā€ 

Gwinn-Beckerā€™s research on Eleanor Roosevelt planted the seeds of digital preservation. ā€œEleanor Roosevelt doesn’t have a single archive. FDR has lots but the first ladies donā€™t,ā€ she says. Gwinn-Becker wondered what else was missing from the archive ā€” and what would be missing from the archive if we didnā€™t start preserving it now.

Those questions eventually led Gwinn-Becker to found HistoryIT in 2011. Since then, the company has created digital archives for organizations ranging from museums and universities to sororities, fraternities, and community organizations.

This process is not easy. ā€œDigital preservation is more than scanning,ā€ says Gwinn-Becker. ā€œMost commercial scannersā€™ intent is to create a digital copy, not an exact replica.ā€ 

To digitally preserve something, Gwinn-Beckerā€™s team must take a photo with overhead cameras. ā€œThere is an international standard,ā€ she says, ā€œyou create an archival TIFF.ā€ 

ā€œItā€™s the biggest possible file we can create now. Thatā€™s how you future-proof.ā€

Despite the common belief that the internet is forever, JPEGs saved to social media or websites are a poor archive. ā€œItā€™s more expensive for us to do projects in the 2000 to 2016 period than to do 19th-century projects,ā€ explains Gwinn-Becker, since finding adequate files for preservation can be tricky. ā€œThe images themselves are deteriorated because they’re compressed so much,ā€ she says.

Her clients are finding that having a strong digital archive is useful outside of the noble goal of protecting history. ā€œIt’s a unique trove of content,ā€ says Gwinn-Becker. One client saw a 790% increase in donations after incorporating the digital archive into fundraising efforts. ā€œItā€™s important to have content quickly and easily,ā€ says Gwinn-Becker, whose team also works with clients on digital strategy for their archive.

One of Gwinn-Beckerā€™s favorite parts of her job is finding what she calls ā€œhidden histories.ā€

ā€œWe [LGBTQ people] are represented everywhere. We’re represented in sports, in religious history, in every kind of movement, not only our movement. I’m passionate about bringing those stories out.ā€ 

Sometimes queer stories are found in unexpected places, says Gwinn-Becker. ā€œWe work with sororities and fraternities. There are a hell of a lot of our stories there.ā€

Part of digital preservation is also making sure that history being created in the moment is not lost to future generations. HistoryIT works with NFL teams, for example. One of their clients is the Panthers, who hired Justine Lindsay, the first transgender cheerleader in the NFL. Gwinn-Becker was excited to be able to preserve information about Lindsay in the digital record. ā€œItā€™s making history in the process of preserving it,ā€ says Gwinn-Becker.

Preserving queer history, either through ā€œhidden historiesā€ or LGBTQ-specific archives, is vital says Gwinn-Becker. ā€œThink about whose history gets marginalized, whose history gets moved to the sidelines, whose history gets just erased,ā€ she prompts. ā€œIn a time of fake news, we need to point to evidence in the past. Queer people have existed since there were humans, but their stories are hidden,ā€ Gwinn-Becker says.

Meanwhile, Gwinn-Becker accidentally finds herself as part of queer history too. Listed as one of Inc. Magazineā€™s Top 250 Female Founders of 2024, she is surrounded by names like Christina Aguilera, Selena Gomez, and Natalie Portman. 

One name stuck out. ā€œNever in my life did I think I’d be on the same list ā€“ other than the obvious one ā€“ with Billie Jean King. That’s pretty exciting,ā€ she said. 

But she canā€™t focus on the win for too long. ā€œWhen I go to sleep at night, I think ā€˜there’s so much history, and we have to transfer it to the digital,ā€™ā€ she says, ā€œWe have a very small period in which to do that in a meaningful way.ā€

(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)

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Bidenā€™s acknowledgment of LGBTQ History Month ā€˜consequentialā€™

Equality Forum honors 31 new ā€˜iconsā€™ as annual commemoration kicks off

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Rep. Mark Pocan was honored with Equality Forumā€™s International Role Model Award. (Washington Blade file photo by Michael Key)

President Joe Biden signed a letter acknowledging Equality Forumā€™s LGBTQ History Month launch event held on Sunday, writing that, ā€œby celebrating stories of bravery, resilience and joy, your example inspires hope in all people seeking a life true to who they are.ā€

Malcolm Lazin, Equality Forum executive director, said Bidenā€™s letter is ā€œconsequential.ā€ He noted that one year before the White House delivered a proclamation for Black History Month, it issued a letter signed by the president.

ā€œIt’s our hope that next year, our nation’s 47th president will issue that proclamation for LGBT History Month,ā€ Lazin said.

Equality Forum is an LGBTQ civil rights organization with an educational focus based in Philadelphia. The groupā€™s work includes coordinating LGBTQ History Month, producing documentary films and overseeing the application for and installation of government-approved queer historic markers.

When spearheading LGBTQ History Month for the first time back in 2006, Lazin said many pushed back against the idea. Some media outlets claimed it was trying to turn straight people gay or promote pedophilia. 

But Lazin said the homophobic reactions died down when people were educated on topics that typically werenā€™t taught in a widespread way.

ā€œWe were demonized, marginalized, and vilified,ā€ Lazin said. ā€œOne of the certain principal ways you’re going to make headway is if you humanize who we are, and also educate people about the important contributions we make to our common society.ā€

Education has always been Equality Forumā€™s solution to societal backlash or controversy since its inception, Lazin said.

The organization got its start in 1993 under the name PrideFest Philadelphia. Lazin, who was the founder, said it was created during a time when Pride parades were the main focus of the LGBTQ community. 

In an effort to shift focus onto civil rights issues, PrideFest hosted its first LGBTQ summit that eventually transformed into an event featuring national and international organizations. Lazin said it was an effort to educate people on LGBTQ history as well as inform the community on queer rights around the world.

Though that event was terminated in 2020, Lazin is still focused on educating both queer and straight people on LGBTQ civil rights. Equality Forum honors 31 ā€œLGBTQ iconsā€ each year for every day in October.

This initiative began when Equality Forum started coordinating LGBTQ History Month back in 2006, but Lazin didnā€™t notice their efforts taking off until about five years in.

ā€œIn year one, people thought, ā€˜Oh yeah, those are like all the important names of the gay community,ā€™ā€ he said. ā€œPeople paid a little bit more attention the following years, and all of a sudden they’re recognizing, ā€˜Oh, in a certain sense I was clueless about the role models that the gay community has.ā€™ā€

This yearā€™s icons being recognized include names like singers George Michael, Luther Vandross, and Sam Smith; pioneering drag queen William Dorsey Swann; ā€œThe Bachelorā€ star Colton Underwood; Wisconsin Congressman Mark Pocan; and longtime Washington Blade Editor Kevin Naff.

Pocan received the International Role Model Award during Sundayā€™s LGBTQ History Month launch event. Itā€™s the longest-standing LGBTQ award in the nation, and has been presented to prominent figures like former Speaker of the House Nancy Pelosi and U.S. Secretary of Transportation Pete Buttigieg.

He said accepting the award allowed him to reflect on the progress thatā€™s been made in a relatively short time.

ā€œI was preparing to make some remarks for the event, and I realized that I’ve been kind of in the front row of a lot of the history making in the country, because more of our history is in the last several decades,ā€ Pocan told the Washington Blade. ā€œThere are significant moments in the past, but where the real improvements have happened have been more recent.ā€

In 1995, former President Bill Clinton invited Pocan, who is gay, and other LGBTQ elected officials to The White House for the first time. When they arrived and were going through security, Pocan said they noticed everyone was wearing blue gloves.

Initially assuming it was due to enhanced security following the aftermath of the Oklahoma City Bombing, Pocan said they later discovered the Secret Service agents thought they could contract AIDS from out elected officials.

He said the Secret Service issued an apology letter and the Clinton administration made it clear that wasnā€™t their policy. Even more memorable for Pocan was when then-Vice President Al Gore made it a point to shake everyoneā€™s hands at the event.

Comparing that memory to Bidenā€™s recent letter puts the advancements of LGBTQ rights into perspective for Pocan. He said thatā€™s the reason recognizing and remembering queer history is vital.

ā€œIf you donā€™t know the history, itā€™s too easy to repeat it,ā€ he said.

The fight to recognize the global work done toward advancing LGBTQ civil rights, however, isnā€™t over, Lazin said.

Many states are working to restrict LGBTQ topics from being taught in schools. Florida Gov. Ron DeSantis signed HB 1069 last year, dubbed ā€œDonā€™t Say Gayā€ by critics, to prohibit lessons on sexual orientation and gender identity.

The New College of Florida faced backlash when photos of hundreds of library books, many containing LGBTQ topics, overflowing a dumpster were shared online. A New College spokesperson said the books were “taken after discovering that the library did not follow all of the state administrative requirements while conducting the routine disposition of materials.”

Despite what the future may hold for LGBTQ content in schools, Lazin said the resources Equality Forum promotes, including the website featuring 31 queer icons in October, are always available.

ā€œAt least on this site, students, teachers, and guidance counselors have resources,ā€ he said. ā€œSo if you’re an English teacher and you want to be celebrating LGBT History Month, click on poets, or click on authors. You’ve got a whole rich range of people to be able to bring into your curriculum.ā€

The reality of what LGBTQ History Month has become today is more than the work of one organization; Lazin said itā€™s the combined effort of local communities that are curious about their own history.

ā€œWhile we could not possibly take on doing the history of all the cities around the country or in North America or around the world, it really has helped to encourage people to appreciate that history and to make sure that it is well documented,ā€ Lazin said.

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LGBTQ groups mark National Hispanic Heritage Month

GLAAD screened ‘DĆ­melo’ at Sept. 20 event in Los Angeles

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(GLAAD screenshot)

Advocacy groups across the country are marking National Hispanic Heritage Month.

The Creative Artists Agency in Los Angeles on Sept. 20 hosted a comedy night that featured Danielle Perez, Gabe GonzĆ”lez, Lorena Russ, and Roz Hernandez. The event, which GLAAD organized, also included a screening of “DĆ­melo,” a digital series the organization produced with LatiNation that features interviews with Latino comedians. 

A press release notes Damian Terriquez, Mimi Davila, Salina EsTitties, and Tony Rodriguez attended the event. GLAAD in a post on its website on Sept. 25 highlighted Essa Noche and other Latino drag queens.

“The art of drag has always been a vibrant expression of resistance, creativity, and identity, particularly within marginalized communities,” reads the post. “Latine drag artists not only embody the resilience and power of their heritage but also elevate queer voices in spaces where their visibility is often limited.”

EsTitties on Sept. 29 hosted QueerceaƱera, “an inclusive take on the coming-of-age quinceaƱera tradition throughout Latin America and the United States” the Los Angeles LGBT Center organized.

Celebrate Orgullo, which describes itself as the “first Hispanic and Indigenous LGBTQ+ festival in Greater Miami and Miami Beach,” will take place from Oct. 4-14. Unity Coalition|CoaliciĆ³n Unida, is organizing the events.

“The festival invites you to experience a warm and welcoming ‘wave’ of pride that celebrates what makes us unique while uniting us in a shared spirit of inclusion,” reads a press release.

GLSEN has posted to its website a list of resources for undocumented students.

“Especially in this political climate, it’s important not only to affirm LGBTQ Latinx identities with positive representation but also to ensure that students know how they’re protected, especially those who are among the most marginalized,” says GLSEN.

National Hispanic Heritage Month is from Sept. 15-Oct. 15.

Fenway Health in Boston on its website notes National Hispanic Heritage Month “honors and celebrates the vibrant histories, cultures, languages, traditions, values, and contributions of people whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America.”

Hispanic Heritage Week began in 1968. It became National Hispanic Heritage Month in 1988.

Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua mark their respective Independence Days on Sept. 15. Mexico’s Independence Day is on Sept. 16, and Chile’s Independence Day is on Sept. 18. DĆ­a de la Raza is Oct. 12.

“Here at Fenway Health, we are grateful every day for the many Latino/a/Ć© staff members, clients, patients, volunteers, and supporters that are part of our community,” said Fenway Health. Their contributions and perspectives help drive Fenwayā€™s mission: To advocate for and deliver innovative, equitable, accessible health care, supportive services, and transformative research and education and to center LGBTQIA+ people, BIPOC (Black, Indigenous, and other people of color) individuals, and other underserved communities to enable our local, national, and global neighbors to flourish.”

President Joe Biden in his National Hispanic Heritage Month proclamation made a similar point.

“In our country, Latino leaders are striving for the American Dream and helping those around them reach it too,” he said. “From those who have been here for generations to those who have recently arrived, Latinos have pushed our great American experiment forward.”  

The proclamation also acknowledges Homeland Security Secretary Alejandro Mayorkas, Education Secretary Miguel Cardona, Health and Human Services Secretary Xavier Becerra, Small Business Administration Administrator Isabel Guzman, and other Latino members of his administration.

“I am proud to work with incredible Latino leaders, who are dedicated to bettering our nation every day,” said Biden.

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