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DOJ finalizes rule to protect LGBT inmates against prison rape

Memo says immigration detention facilities will have to follow suit

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The Justice Department made final a rule Thursday to prevent sexual abuse in federal prisons that included provisions aimed at providing better protection for LGBT inmates.

The rule, the first-ever federal effort to set standards at all jail facilities, is in accordance with the Prison Rape Elimination Act of 2003. It was first proposed last year.

According to a statement from the Justice Department, the standards require, among other things, that facilities try to prevent sexual violence in prison by incorporating the unique vulnerabilities of LGBT people as well as intersex and gender nonconforming inmates into training and screening protocols.

“Sexual violence, against any victim, is an assault on human dignity and an affront to American values,” President Obama wrote in a memorandum accompanying the announcement. “The Prison Rape Elimination Act of 2003 (PREA) was enacted with bipartisan support and established a ‘zero tolerance standard’ for rape in prisons in the United States.”

The standards include specialized training for prison staff and screenings in detention settings to determine if LGBT inmates are at higher risk for being targeted for sexual abuse. The new rule has particular impact on transgender inmates. Agencies must train security staff on respectful searches of transgender inmates; transgender people can’t be assigned to a male or female facility based solely on their anatomy; and transgender inmates will be given the opportunity to shower separately from other inmates.

LGBT advocates hailed the codification of the rule for extending new protections for LGBT inmates — who are seen as being more vulnerable to sexual violence while in prison. According to the National Center for Transgender Equality, one in three former transgender inmates report being sexually abused.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said “no one — and I mean no one” should be subjected to the pain and indignity of rape — even individuals who are incarcerated.

“By adopting these national standards to prevent, detect and respond to prison rape, the federal government put its foot down and said ‘no more.’ LGBT people, often the targets of brutality in detention settings, stand much to gain,” Carey said. “Lives are literally on the line, and these historic standards will help combat this terrible epidemic and lift our common humanity.”

Mara Keisling, executive director of the National Center for Transgender Equality, also called the finalization of the rule significant.

“We have an obligation as civilized people to protect the people we incarcerate,” Keisling said. “That has always been an American promise, but one we have barely tried to keep. These new standards, if fully implemented, have the potential to help us keep that promise at least in terms of sexual assault.”

The memorandum says that rule applies to facilities administered by agencies other than the Justice Department. Such facilities would likely include immigration detention facilities run by the private companies or the Department of Homeland Security. Agencies with federal confinement facilities not subject to the Justice Department’s final rule must propose within 120 days any rules or procedures necessary to satisfy the requirements of the law, and make final any such rules or procedures within 240 days of their proposal.

Peter Boogard, a DHS spokesperson, said his department “fully embraces” the law and looks forward to implementing the provisions under the new rule.

“The regulations will build on the substantial improvements we have made to agency policy and procedures to prevent, detect and respond to sexual abuse in immigration detention,” Boogard said. “DHS will move swiftly to promulgate these regulations and will work with the attorney general and others to ensure that the regulations satisfy the requirements of the statute.”

Mary Meg McCarthy, executive director of Heartland Alliance’s National Immigrant Justice Center, urged the Obama administration to monitor DHS closely to ensure the department implements the rule in a timely manner.

“The U.S. government has finally acknowledged that immigrant detainees must be protected from sexual violence while in immigration custody,” said McCarthy said. “We wish the regulations applied to immigration detention facilities immediately.  Instead, DHS has another year to implement a law that has been on the books for nearly a decade. Some of the individual provisions announced today are evidence of the Obama administration’s commitment to protecting immigrants from abuse, particularly those who are vulnerable because of their sexual orientation or sexual identity.”

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The White House

Report: Grenell wants Russian ambassadorship

Country’s anti-LGBTQ record a reported barrier

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Special envoy for “special missions” Richard Grenell speaks at the Log Cabin Republicans Big Tent Event in 2024. (Washington Blade photo by Michael Key)

Richard Grenell, President Donald Trump’s special envoy for “special missions,” is making it known that he is interested in the Russian ambassadorship.

According to reporting by the Daily Mail, Grenell has “floated” his interest in the role to coworkers, but issues surrounding the former German ambassador’s sexuality have made securing the position more difficult.

“He had an interest in the job — or at least he floated the idea to select colleagues. But Putin’s regime is extremely anti–LGBTQ, so I’m sure they didn’t take that thought too seriously,” one source close to Grenell told the Daily Mail. “That would never happen anyway.”

Grenell has long been one of Trump’s closest allies and was the first openly gay person to hold a Cabinet-level position. He was ousted last month as acting director of the Kennedy Center, a position he had held since Trump reestablished the board to be composed of his political supporters in 2025.

In addition to leading the nation’s cultural arts center, Grenell previously served as the U.S. ambassador to Germany from 2018 to 2020, and as the special presidential envoy for Serbia and Kosovo peace negotiations from 2019 to 2021. He was also a State Department spokesperson to the U.N. under the George W. Bush administration and a Fox News contributor.

Russia has a longstanding history of being anti-LGBTQ.

In 2013, the country passed a law banning any public endorsement of “nontraditional sexual relations” among minors. In December 2022, Putin signed legislation expanding the ban, making it illegal to promote same-sex relationships or suggest that non-heterosexual orientations are “normal” for people of any age, widening censorship across media and public life.

The Russian courts have also supported the restriction of LGBTQ identity in the country. In November 2023, Russia’s Supreme Court granted a request from the Justice Ministry to outlaw the “international LGBT movement” as “extremist,” allowing authorities to criminalize advocacy and potentially prosecute individuals for expressions of LGBTQ+ identity or support.

In addition to LGBTQ rights issues, the war between Russia and Ukraine has become a global concern. Ukraine, which was part of the former Soviet Union, includes the territory known as Crimea, which Russia annexed in 2014. The annexation remains a major point of international dispute over sovereignty. Since 2022, Russia’s large-scale invasion of Ukraine has escalated the conflict, drawing global attention and sanctions while straining U.S.-Russia relations.

The U.S. has spent $188 billion in total related to the war in Ukraine since the Russian invasion in February 2022, according to the Council on Foreign Relations.

The Russian ambassadorship seems to be a difficult role to fill, according to additional information presented by the Daily Mail. With Trump already being seen as relatively positive by Russian President Vladimir Putin, and with close ties to members of his Cabinet and family — like son-in-law Jared Kushner — the ambassadorship is complicated and viewed as less critical than in previous administrations.

“There is no rush to fill that role because it has now been deemed unnecessary,” another source told the U.K.-based publication.

Bob Foresman, a seasoned businessman with decades-long ties to the Kremlin, was reportedly once the frontrunner, according to the Daily Mail. Foresman served as vice chair of UBS Investment Bank and Deputy Chairman of Renaissance Capital between 2006 and 2009, and earlier led investment banking for Russia at Dresdner Kleinwort Wasserstein from 1997 to 2000.

“This is a pattern, especially in the Trump administration — special envoys big–footing the ambassadors,” a source told the Daily Mail. “It is shocking that we are already in April and we don’t have an ambassador to one of the most important countries in the world.”

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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Iran

LGBTQ groups condemn Trump’s threat to destroy Iranian civilization

Ceasefire announced less than two hours before Tuesday deadline

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President Donald Trump (Washington Blade photo by Michael Key)

The Council for Global Equality is among the groups that condemned President Donald Trump on Tuesday over his latest threats against Iran.

Trump in a Truth Social post said “a whole civilization will die tonight” if Tehran did not reach an agreement with the U.S. by 8 p.m. ET on Tuesday.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

Israel and the U.S. on Feb. 28 launched airstrikes against Iran.

One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.

Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the Strait of Hormuz, a strategic waterway that connects the Persian Gulf and the Gulf of Oman through which roughly 20 percent of the world’s crude oil passes.

Trump less than 90 minutes before his deadline announced a two-week ceasefire with Iran that Pakistan helped broker.

“We the undersigned human rights, humanitarian, civil liberties, faith-based and environmental organizations, think tanks and experts are deeply alarmed by President Trump’s threat regarding Iran that ‘a whole civilization will die tonight’ if his demands are not met. Such language describes a grave atrocity if carried out,” reads the statement that the Council for Global Equality more than 200 other organizations and human rights experts signed. “A threat to wipe out ‘a whole civilization’ may amount to a threat of genocide. Genocide is a crime defined by the Genocide Convention and by the Rome Statute of the International Criminal Court as committing one or more of several acts ‘with intent to destroy in whole or in part a national, racial or religious groups as such.'”

The statement states “the law is clear that civilians must not be targeted, and they must also be protected from indiscriminate or disproportionate attacks.”

“Strikes on civilian infrastructure — such as the recent attack on a bridge and the attacks President Trump is repeatedly threatening to carry out to destroy power plants — have devastating consequences for the civilian population and environment,” it reads.

“We urge all parties to respect international law,” adds the statement. “Those responsible for atrocities, including crimes against humanity and war crimes, can and must be held accountable.”

The Alliance for Diplomacy and Justice, Amnesty International USA, Human Rights Watch, the American Civil Liberties Union, the NAACP, MADRE, and the Robert and Ethel Kennedy Human Rights Center are among the other groups that signed the letter.

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