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HRC, Sebelius unveil report on medical facilities

Evaluating LGBT-friendliness of hospitals, other providers

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HRC President Chad Griffin unveils Healthcare Equality Index (Blade photo by Chris Johnson)

Human Rights Campaign President Chad Griffin and Secretary of Health & Human Services Kathleen Sebelius unveiled HRC’s annual report evaluating the LGBT friendliness of medical facilities throughout the country at a media appearance Tuesday.

The two appeared together at a news conference at Howard University Medical Center — a facility that received a perfect score in the new report — to talk about the findings in HRC’s 2012 Healthcare Equality Index, which is the fifth such report from the organization.

Griffin said during the news conference that medical facilities shouldn’t deny a patient the ability to see a loved one — whether it’s a same-sex or opposite-sex partner — while visiting a hospital.

“At no time are we more vulnerable than when we’re lying on an emergency room gurney or in a hospital bed,” Griffin said. “It’s a scary time; not a time to be alone, and we desperately need our loved one by our side. And of course, that’s exactly where they want to be, not sitting in a waiting room feeling scared or helpless, or even worse, in a car racing home to find legal papers that prove our relationships while critical medical decisions are being made without us.”

Sebelius noted the Obama administration’s work on improving LGBT health, mentioning accomplishments such as the hospital visitation memorandum and a move to bar insurers from discriminating on the basis of LGBT status.

“A lot of these improvement don’t get the biggest press headlines, but they reflect how every day in dozens of small ways every agency and division in our department is working to make things better for LGBT individuals and families we serve,” Sebelius said.

This year’s index includes 407 respondents that volunteered to fill out a survey on key aspects of treatment of LGBT patients and staff, including patient non-discrimination policies, visitation polices, employment non-discrimination policies and training in LGBT patient-centered care.

The report saw a 40 percent increase in participating respondents from last year. Additionally, there were 237 facilities — a 162 percent increase — in facilities that received a perfect score and were dubbed a “Leader in LGBT Healthcare Equality.”

Wayne Frederick, Howard University provost and chief academic officer, said Howard University Hospital was “delighted” to be included among the facilities that received a perfect score in the index.

“Patient-centered care is a universal standard and is expected of all health care providers and health care institutions,” Frederick said. “It is a standard that is deserved by all people regardless of race, nationality, gender, sexual orientation or gender identity.”

The D.C.-based Whitman-Walker Health also received a perfect score in the index and is the only non-hospital organization in the district to receive a perfect score in the report.

Don Blanchon, Whitman-Walker’s executive director, said he’s “excited and honored” his organization’s work has been recognized by HRC.

“Whitman-Walker was founded more than 30 years ago to offer high quality and affirming health care for metropolitan D.C.’s LGBT community at a time when that was almost non-existent,” Blanchon said. “We are very proud to not only be recognized but to join the company of other health care groups around the nation who are working to ensure equal access to high quality care.”

Although more facilities than ever volunteered to fill out the survey, 18 states aren’t represented: Alaska, Idaho, Montana, Wyoming, Colorado, New Mexico, Oklahoma, Kansas, Nebraska, North Dakota, South Dakota, Arkansas, Louisiana, Mississippi, Alabama, West Virginia, Vermont and Connecticut.

On the same day that HRC issued its report, the Department of Health & Human Services issued its own annual report identifying seven key LGBT accomplishments in the past year as well as goals moving forward. Among them are the National Institutes of Health issuing a report identifying LGBT health gaps and opportunities; the Centers for Disease Control issuing data on domestic violence for LGBT couples; and the Centers for Medicare & Medicaid Services making a training video about LGBT elder Americans.

Griffin emphasized the importance of health care equity by narrating his own story about making his first visit to the doctor after coming out as gay while living in Los Angeles and wanting to correct his patient record by saying he had previously incorrectly identified as straight.

“My doctor didn’t make me feel comfortable,” Griffin said. “He didn’t sort of have the answers to the questions and I didn’t feel comfortable, which is what I expected with my doctor. So, I left and I immediately changed doctors and got a doctor that was referred by friends, and I was very comfortable with being honest with that doctor and asking every question I had as a young person struggling to come out of the closet. That was so important and so helpful.”

CORRECTION: An earlier version of this article said Whitman-Walker was the only non-hospital organization to receive a perfect score in the Healthcare Equality Index. It’s the only non-hospital organization in D.C., not the country. The Blade regrets the error.

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National

Supreme Court deals blow to trans student privacy protections

Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.

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Transgender rights activists protest outside the Supreme Court in early 2026. (Washington Blade Photo by Michael Key)

The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.

The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.

The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.

The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.

Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.

Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.

The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.

“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”

In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”

Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.

The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.

The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.

California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.

The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

President Donald Trump acknowledges Sage Blair, pictured second from left, during his speech at the State of the Union on Feb. 24. (Washington Blade photo by Michael Key)

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.

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Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

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Gil Pontes III

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

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Kansas

ACLU sues Kansas over law invalidating trans residents’ IDs

A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.

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Kenda Kirby, transgender, Supreme Court, gay news, Washington Blade
A transgender flag flies in front of the Supreme Court. (Washington Blade file photo by Michael Key)

Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.

Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.

According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.

House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.

Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.

The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.

Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.

State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”

“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”

“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”

“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”

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