National
NAACP president: Marriage is ‘civil rights issue of our times’
Benjamin Todd Jealous described marriage as the “civil rights issue of our times.”
NAACP President Benjamin Todd Jealous speaks at his organization's national headquarters in Baltimore on Monday. (Washington Blade photo by Michael K. Lavers)
BALTIMORE – The leader of the National Association for the Advancement of Colored People stressed on Monday that his organization’s support of marriage for gays and lesbians is consistent with its broader mission to fight discrimination.
“We make this statement today because it is the legacy and responsibility of the NAACP to speak up on the civil rights issue of our times,” said NAACP President Benjamin Todd Jealous during a press conference at the organization’s national headquarters. “We are both proud of our history and challenged by it—challenged to never allow threats to equality for all people under the law to go uncontested.”
Jealous’ comments came two days after the NAACP Board of Directors endorsed extending marriage rights to same-sex couples during their quarterly meeting in Miami. Jealous became emotional as he discussed his parents who had to get married in the District of Columbia in 1966 because Maryland did not allow interracial marriage—the U.S. Supreme Court struck down this ban in Loving v. Virginia the following year. He noted that Mildred Loving herself spoke out in support of extending marriage rights to same-sex couples before she passed away.
NAACP Board of Directors Chair Roslyn M. Brock defends her organization's support of marriage equality in Baltimore on Monday (Washington Blade photo by Michael K. Lavers)
“We want to be on the record that the NAACP now firmly opposes all efforts to restrict marriage equality,” said Jealous. “We will oppose threats to the Fourteenth Amendment guarantee of equal rights under the law in any state where this issue is raised.
Jealous dismissed reports that several board members voted against the marriage resolution. Roslyn Brock, chair of the NAACP National Board of Directors, said members had an “open, honest and candid conversation” about the issue during executive sessions.
“The conversation was dispassionate, it was respectful and it embraced and respected the views of all the members who sat around the table,” she said. “This is not a religious issue or a moral issue for the NAACP. That is not the role of the NAACP. On the constitutionality of the issue, the NAACP’s National Board of Directors voted overwhelmingly to support this issue.”
In spite of this support, Brock conceded that there are board members and other NAACP members whose positions on marriage continue to evolve.
“This conversation is one, as President Jealous has stated, is taking place or has taken place across the nation,” she said. “We will work together with our units and with our board to have the courageous conversations that are necessary around this issue.”
The NAACP’s endorsement of marriage rights to same-sex couples comes less than two weeks after North Carolina voters approved a constitutional amendment that defines marriage as between a man and a woman. Doctor William Barber II, president of the North Carolina NAACP, was among those who spoke out against the ballot measure before it passed by a 61-39 percent margin.
President Barack Obama on May 9 publicly backed the issue for the first time during a White House interview with ABC News’ Robin Roberts.
“For the black community, the president of the United States is as close to Martin Luther King in terms of moral leadership,” said Sharon Lettman-Hicks, executive director of the National Black Justice Coalition, in response to a question about whether Obama’s support of marriage rights for same-sex couples prompted the NAACP’s position. “It’s not just amazing that we have a black president but that he exemplifies exceptional leadership. From a space of cultural connection more than anything else, the president stood up beyond popularity, beyond the norm, beyond status quo and took the courageous step on behalf of the LGBT community that many would have seen as a political risk. I see it as nothing less than courageous leadership.”
Maryland Gov. Martin O’Malley in March signed a bill that will allow same-sex couples to marry, but state voters will likely face a November ballot referendum that would overturn the law that is slated to take effect on Jan. 1.
Fifty-two percent of respondents who participated in a Marylanders for Marriage Equality poll in March said they would vote for the same-sex marriage bill in the likely ballot measure.
Jealous stressed during the press conference that civil rights organizations remain united against the Maryland referendum and other similar measures across the country.
“Ballot measures like that on the ballot here in Maryland are intended to encode discrimination, codify discrimination into law and therefore stand apart from our nation’s recent decades and decades and decades and decades of using its constitution… to expand rights to people,” he said. “This is a cynical attempt to use a state constitution to restrict rights and we will oppose it as we have said in our statement.”
Gerald Stansbury, president of the Maryland State Conference NAACP, told the Blade after the press conference that his affiliate has not “had much discussion” yet on the likely referendum. He suggested, however, that the civil rights organization’s endorsement of marriage rights for same-sex couples will help black voters better understand ballot measure and its potential impact on LGBT Marylanders.
“We’re hoping that Maryland will understand that any person has a right to be protected under the law,” said Stansbury. “This is basically where we’re coming from. We’re supporting the national office and the national NAACP and taking the position that they have this weekend.”
Maryland Del. Mary Washington (D-Baltimore City) also welcomed the NAACP’s position.
“As a life long member, I am encouraged by this historic decision of national NAACP to transform their position which opposed efforts to ban civil recognition of same-sex unions to one which honors and is inclusive of our black LGBT community by supporting the struggle for full marriage equality for same gender loving couples,” she told the Blade. “For those African American people who were on the fence about the issue, the support of the NAACP and our president will help move the conversation forward.
Washington categorized the endorsement as an “important step” that bolsters the efforts of those fighting against the likely referendum. Lettman-Hicks stressed that the NAACP could play a crucial role in organizing opposition to the ballot measure much like it did in North Carolina.
“The same energy that we saw in North Carolina would be monumental to the state of Maryland,” she said. “I hope that the leadership the NAACP showed on the national level will manifest at the same magnitude in Maryland especially since they’re headquartered there.”
Washington conceded these efforts would not have much of an impact among white protestants and Roman Catholics who oppose marriage rights for same-sex couples.
“Our work in those communities should continue more vigorously now than ever before,” she said.
Florida
DNC slams White House for slashing Fla. AIDS funding
State will have to cut medications for more than 16,000 people
The Trump-Vance administration and congressional Republicans’ “Big Beautiful Bill” could strip more than 10,000 Floridians of life-saving HIV medication.
The Florida Department of Health announced there would be large cuts to the AIDS Drug Assistance Program in the Sunshine State. The program switched from covering those making up to 400 percent of the Federal Poverty Level, which was anyone making $62,600 or less, in 2025, to only covering those making up to 130 percent of the FPL, or $20,345 a year in 2026.
Cuts to the AIDS Drug Assistance Program, which provides medication to low-income people living with HIV/AIDS, will prevent a dramatic $120 million funding shortfall as a result of the Big Beautiful Bill according to the Florida Department of Health.
The International Association of Providers of AIDS Care and Florida Surgeon General Joseph Ladapo warned that the situation could easily become a “crisis” without changing the current funding setup.
“It is a serious issue,” Ladapo told the Tampa Bay Times. “It’s a really, really serious issue.”
The Florida Department of Health currently has a “UPDATES TO ADAP” warning on the state’s AIDS Drug Assistance Program webpage, recommending Floridians who once relied on tax credits and subsidies to pay for their costly HIV/AIDS medication to find other avenues to get the crucial medications — including through linking addresses of Florida Association of Community Health Centers and listing Florida Non-Profit HIV/AIDS Organizations rather than have the government pay for it.
HIV disproportionately impacts low income people, people of color, and LGBTQ people
The Tampa Bay Times first published this story on Thursday, which began gaining attention in the Sunshine State, eventually leading the Democratic Party to, once again, condemn the Big Beautiful Bill pushed by congressional republicans.
“Cruelty is a feature and not a bug of the Trump administration. In the latest attack on the LGBTQ+ community, Donald Trump and Florida Republicans are ripping away life-saving HIV medication from over 10,000 Floridians because they refuse to extend enhanced ACA tax credits,” Democratic National Committee spokesperson Albert Fujii told the Washington Blade. “While Donald Trump and his allies continue to make clear that they don’t give a damn about millions of Americans and our community, Democrats will keep fighting to protect health care for LGBTQ+ Americans across the country.”
More than 4.7 million people in Florida receive health insurance through the federal marketplace, according to KKF, an independent source for health policy research and polling. That is the largest amount of people in any state to be receiving federal health care — despite it only being the third most populous state.
Florida also has one of the largest shares of people who use the AIDS Drug Assistance Program who are on the federal marketplace: about 31 percent as of 2023, according to the Tampa Bay Times.
“I can’t understand why there’s been no transparency,” David Poole also told the Times, who oversaw Florida’s AIDS program from 1993 to 2005. “There is something seriously wrong.”
The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 people will lose coverage
U.S. Supreme Court
Competing rallies draw hundreds to Supreme Court
Activists, politicians gather during oral arguments over trans youth participation in sports
Hundreds of supporters and opponents of trans rights gathered outside of the United States Supreme Court during oral arguments for Little v. Hecox and West Virginia v. B.P.J. on Tuesday. Two competing rallies were held next to each other, with politicians and opposing movement leaders at each.
“Trans rights are human rights!” proclaimed U.S. Sen. Ed Markey (D-Mass.) to the crowd of LGBTQ rights supporters. “I am here today because trans kids deserve more than to be debated on cable news. They deserve joy. They deserve support. They deserve to grow up knowing that their country has their back.”
“And I am here today because we have been down this hateful road before,” Markey continued. “We have seen time and time again what happens when the courts are asked to uphold discrimination. History eventually corrects those mistakes, but only after the real harm is done to human beings.”
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U.S. Education Secretary Linda McMahon spoke at the other podium set up a few feet away surrounded by signs, “Two Sexes. One Truth.” and “Reality Matters. Biology Matters.”
“In just four years, the Biden administration reversed decades of progress,” said McMahon. “twisting the law to urge that sex is not defined by objective biological reality, but by subjective notion of gender identity. We’ve seen the consequences of the Biden administration’s advocacy of transgender agendas.”
U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, was introduced on the opposing podium during McMahon’s remarks.
“This court, whose building that we stand before this morning, did something quite remarkable six years ago.” Takano said. “It did the humanely decent thing, and legally correct thing. In the Bostock decision, the Supreme Court said that trans employees exist. It said that trans employees matter. It said that Title VII of the Civil Rights Act protects employees from discrimination based on sex, and that discrimination based on sex includes discrimination based on gender identity and sexual orientation. It recognizes that trans people have workplace rights and that their livelihoods cannot be denied to them, because of who they are as trans people.”
“Today, we ask this court to be consistent,” Takano continued. “If trans employees exist, surely trans teenagers exist. If trans teenagers exist, surely trans children exist. If trans employees have a right not to be discriminated against in the workplace, trans kids have a right to a free and equal education in school.”
Takano then turned and pointed his finger toward McMahon.
“Did you hear that, Secretary McMahon?” Takano addressed McMahon. “Trans kids have a right to a free and equal education! Restore the Office of Civil Rights! Did you hear me Secretary McMahon? You will not speak louder or speak over me or over these people.”
Both politicians continued their remarks from opposing podiums.
“I end with a message to trans youth who need to know that there are adults who reject the political weaponization of hate and bigotry,” Takano said. “To you, I say: you matter. You are not alone. Discrimination has no place in our schools. It has no place in our laws, and it has no place in America.”
U.S. Supreme Court
Supreme Court hears arguments in two critical cases on trans sports bans
Justices considered whether laws unconstitutional under Title IX.
The Supreme Court heard two cases today that could change how the Equal Protection Clause and Title IX are enforced.
The cases, Little v. Hecox and West Virginia v. B.P.J., ask the court to determine whether state laws blocking transgender girls from participating on girls’ teams at publicly funded schools violates the 14th Amendment’s Equal Protection Clause and Title IX. Once decided, the rulings could reshape how laws addressing sex discrimination are interpreted nationwide.
Chief Justice John Roberts raised questions about whether Bostock v. Clayton County — the landmark case holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or gender identity — applies in the context of athletics. He questioned whether transgender girls should be considered girls under the law, noting that they were assigned male at birth.
“I think the basic focus of the discussion up until now, which is, as I see it anyway, whether or not we should view your position as a challenge to the distinction between boys and girls on the basis of sex or whether or not you are perfectly comfortable with the distinction between boys and girls, you just want an exception to the biological definition of girls.”
“How we approach the situation of looking at it not as boys versus girls but whether or not there should be an exception with respect to the definition of girls,” Roberts added, suggesting the implications could extend beyond athletics. “That would — if we adopted that, that would have to apply across the board and not simply to the area of athletics.”
Justice Clarence Thomas echoed Roberts’ concerns, questioning how sex-based classifications function under Title IX and what would happen if Idaho’s ban were struck down.
“Does a — the justification for a classification as you have in Title IX, male/female sports, let’s take, for example, an individual male who is not a good athlete, say, a lousy tennis player, and does not make the women’s — and wants to try out for the women’s tennis team, and he said there is no way I’m better than the women’s tennis players. How is that different from what you’re being required to do here?”
Justice Samuel Alito addressed what many in the courtroom seemed reluctant to state directly: the legal definition of sex.
“Under Title IX, what does the term ‘sex’ mean?” Alito asked Principal Deputy Solicitor General Hashim Mooppan, who was arguing in support of Idaho’s law. Mooppan maintained that sex should be defined at birth.
“We think it’s properly interpreted pursuant to its ordinary traditional definition of biological sex and think probably given the time it was enacted, reproductive biology is probably the best way of understanding that,” Mooppan said.
Justice Sonia Sotomayor pushed back, questioning how that definition did not amount to sex discrimination against Lindsay Hecox under Idaho law. If Hecox’s sex is legally defined as male, Sotomayor argued, the exclusion still creates discrimination.
“It’s still an exception,” Sotomayor said. “It’s a subclass of people who are covered by the law and others are not.”
Justice Elena Kagan highlighted the broader implications of the cases, asking whether a ruling for the states would impose a single definition of sex on the 23 states that currently have different laws and standards. The parties acknowledged that scientific research does not yet offer a clear consensus on sex.
“I think the one thing we definitely want to have is complete findings. So that’s why we really were urging to have a full record developed before there were a final judgment of scientific uncertainty,” said Kathleen Harnett, Hecox’s legal representative. “Maybe on a later record, that would come out differently — but I don’t think that—”
“Just play it out a little bit, if there were scientific uncertainty,” Kagan responded.
Justice Brett Kavanaugh focused on the impact such policies could have on cisgender girls, arguing that allowing transgender girls to compete could undermine Title IX’s original purpose.
“For the individual girl who does not make the team or doesn’t get on the stand for the medal or doesn’t make all league, there’s a — there’s a harm there,” Kavanaugh said. “I think we can’t sweep that aside.”
Justice Amy Coney Barrett questioned whether Idaho’s law discriminated based on transgender status or sex.
“Since trans boys can play on boys’ teams, how would we say this discriminates on the basis of transgender status when its effect really only runs towards trans girls and not trans boys?”
Harnett responded, “I think that might be relevant to a, for example, animus point, right, that we’re not a complete exclusion of transgender people. There was an exclusion of transgender women.”
Justice Ketanji Brown Jackson challenged the notion that explicitly excluding transgender people was not discrimination.
“I guess I’m struggling to understand how you can say that this law doesn’t discriminate on the basis of transgender status. The law expressly aims to ensure that transgender women can’t play on women’s sports teams… it treats transgender women different than — than cis-women, doesn’t it?”
Idaho Solicitor General Alan Hurst urged the court to uphold his state’s ban, arguing that allowing participation based on gender identity — regardless of medical intervention — would deny opportunities to girls protected under federal law.
Hurst emphasized that biological “sex is what matters in sports,” not gender identity, citing scientific evidence that people assigned male at birth are predisposed to athletic advantages.
Joshua Block, representing B.P.J., was asked whether a ruling in their favor would redefine sex under federal law.
“I don’t think the purpose of Title IX is to have an accurate definition of sex,” Block said. “I think the purpose is to make sure sex isn’t being used to deny opportunities.”
Becky Pepper-Jackson, identified as plaintiff B.P.J., the 15-year-old also spoke out.
“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” said Pepper-Jackson. “And all I’ve ever wanted was the same opportunities as my peers. But in 2021, politicians in my state passed a law banning me — the only transgender student athlete in the entire state — from playing as who I really am. This is unfair to me and every transgender kid who just wants the freedom to be themselves.”
Outside the court, advocates echoed those concerns as the justices deliberated.
“Becky simply wants to be with her teammates on the track and field team, to experience the camaraderie and many documented benefits of participating in team sports,” said Sasha Buchert, counsel and Nonbinary & Transgender Rights Project director at Lambda Legal. “It has been amply proven that participating in team sports equips youth with a myriad of skills — in leadership, teamwork, confidence, and health. On the other hand, denying a student the ability to participate is not only discriminatory but harmful to a student’s self-esteem, sending a message that they are not good enough and deserve to be excluded. That is the argument we made today and that we hope resonated with the justices of the Supreme Court.”
“This case is about the ability of transgender youth like Becky to participate in our schools and communities,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “School athletics are fundamentally educational programs, but West Virginia’s law completely excluded Becky from her school’s entire athletic program even when there is no connection to alleged concerns about fairness or safety. As the lower court recognized, forcing Becky to either give up sports or play on the boys’ team — in contradiction of who she is at school, at home, and across her life — is really no choice at all. We are glad to stand with her and her family to defend her rights, and the rights of every young person, to be included as a member of their school community, at the Supreme Court.”
The Supreme Court is expected to issue rulings in both cases by the end of June.
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