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Romney’s veep options, from bad to worse

Five potential candidates have records hostile to LGBT rights

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Amid the media frenzy over who Republican presidential candidate Mitt Romney will select as his running mate, one thing is clear: the leading candidates’ positions on LGBT issues range from bad to downright hostile.

The Washington Blade examined the records of five prospective vice presidential candidates to see where they stand on LGBT issues: former Minnesota Gov. Tim Pawlenty, U.S. Sen. Rob Portman (R-Ohio), U.S. Sen. Marco Rubio (R-Fla.), U.S. Rep. Paul Ryan (R-Wis.) and Louisiana Gov. Bobby Jindal. Each of the potential choices has views on LGBT rights similar to Romney’s, who says he opposes marriage rights for gay couples, but also opposes discrimination — without backing any particular measure to protect LGBT people from discrimination.

SEE ALSO “IN THEIR OWN WORDS”

One pick that is receiving considerable media attention is Pawlenty, who was a Republican presidential contender early on before he dropped out of the race after his poor showing in the Iowa Ames straw poll. There is media speculation that he tops the list for running mates being vetted by the Romney campaign, although Sunday on CBS’ “Face the Nation” he dismissed the rumors, saying he’s “encouraged people who asked this question in the campaign to look at other prospects.”

Pawlenty took a hardline on marriage over the course of his presidential campaign, signing — albeit belatedly — an anti-gay pledge from the National Organization for Marriage to back a Federal Marriage Amendment, defend the Defense of Marriage Act in court and establish a presidential commission on “religious liberty” to investigate the alleged harassment of opponents of same-sex marriage.

“I don’t think all domestic relationships are the same as traditional marriage,” Pawlenty said on CNN in July. “Marriage between a man and a woman is something that should remain elevated socially, culturally, and practically, legally, morally in our society.”

Another possibility for Romney who is receiving considerable attention is Portman, who’s served for two decades as a public official as a member of Congress, the U.S. Trade Representative and director of the Office of Management & Budget. On Tuesday, Portman appeared to be cozying up to Romney, telling the Washington Reuters Summit the candidate would be “willing to risk being a one-term president in order to make the tough decisions that are going to be required.”

The Ohio senator made headlines when he suggested that he opposes the Employment Non-Discrimination Act, after telling ThinkProgress that he has concerns about litigation that could follow if the legislation were passed.

“What I’m concerned about in Paycheck Fairness and other legislation like that is the fact that it will spawn a lot of litigation the way the legislation is written,” Portman said. “So you don’t want it to be a boon to lawyers, you want it to actually help people. But no one should discriminate.”

Tico Almeida, president of Freedom to Work, said the perception that Portman is opposed to ENDA is inconsistent with what he’s heard based on meetings with the senator’s staff and said Portman — along with “a significant number” of Republican senators — may vote “yes” on the bill.

“Based on Freedom to Work’s conversations with the office of Sen. Portman, we believe he might vote ‘yes’ on ENDA if Sen. Harry Reid brings it to the floor of the Senate for a vote,” Almeida said. “The only way to know for sure is for Reid to fulfill a promise he made three years ago by finally bringing ENDA to the Senate floor.”

Portman’s office didn’t immediately respond to a request to clarify the senator’s position on ENDA. Any such vote in favor of ENDA would represent a change of heart for Portman based on his anti-gay votes while serving as a member of the U.S. House from 1993 to 2005. Portman voted in favor of the Defense of Marriage Act and the Federal Marriage Amendment. In 1999, Portman voted in favor of barring D.C. same-sex couples from adopting children.

Chris Seelbach, a gay Cincinnati City Council member, said he doubts Portman would support LGBT issues if he were elected as vice president based on those votes.

“Based on Sen. Portman’s consistent votes against LGBT families, it seems very clear that he would be no friend to the gay community if elected vice president,” Seelbach said.

Romney is expected to name his running mate prior to the Republican National Convention, which will take place this year during the week of Aug. 27 in Tampa, Fla. Andrea Saul, a Romney campaign spokesperson, declined to comment on any possible selection saying, “We don’t discuss the VP process, sorry.”

The No. 2 person on the Republican presidential ticket could have bearing on how gay Americans who lean conservative may vote in November. Christian Berle, deputy executive director of the Log Cabin Republicans, said the selection will impact whether the organization endorses Romney this fall.

“As Log Cabin Republicans considers many factors in making a potential endorsement, we’ll of course take into account whom will be in such a critical position,” Berle said. “If Gov. Romney and Republicans want to be successful in November, they must improve their position among moderates, women and younger voters with a message entirely focused around jobs and the economy.”

It’s for this reason that Berle praised Ryan, who was among the 159 Republicans who voted for a gay-only version of the Employment Non-Discrimination Act when it came to the House floor in 2007. Ryan later said he took criticism for his vote, but acknowledged he has gay friends, saying, “They didn’t roll out of bed one morning and choose to be gay. That’s who they are.”

Berle said Ryan’s vote for the non-inclusive ENDA in 2007 demonstrates that he recognizes “like all Americans that the workplace needs to be about meritocracy and productivity.”

But besides this vote, Ryan’s record on LGBT issues has hardly been stellar. Ryan voted in the subsequent Congress against hate crimes protection legislation and “Don’t Ask, Don’t Tell” repeal. The lawmaker also expressed opposition to same-sex marriage, saying on NBC’s “Meet the Press” last year, “I support the Wisconsin Amendment to define marriage between a man and a woman.”

Katie Belanger, executive director of Fair Wisconsin, dismissed the notion that a Vice President Ryan would be a champion for LGBT equality upon taking the oath of office.

“Rep. Ryan has maintained a consistently anti-fairness voting record on issues of importance to our community, during the last five congressional sessions, including voting in 2002 against a policy that members of Congress voluntarily adopted to prohibit discrimination based on sexual orientation in their own congressional offices,” she said.

U.S. Sen. Marco Rubio (photo by Gage Skidmore via wikimedia)

Many pundits have speculated that Rubio is on the list of names Romney is considering for his running mate. Romney said earlier this month the senator was being “thoroughly vetted” for a position as No. 2 on his ticket.

New to federal office, Rubio hasn’t been called on to vote on LGBT issues yet, although he’s been closely aligned with the conservative Tea Party movement. Among his “no” votes were against an LGBT-inclusive reauthorization of the Violence Against Women Act.

Rubio has expressed differing views from Romney on the Federal Marriage Amendment, saying “ultimately marriage is regulated by states,” but has expressed opposition to same-sex marriage based on his religious beliefs.

“I believe marriage is a unique and specific institution that is the result of thousands of years of wisdom, which concluded that the ideal — not the only way but certainly the ideal — situation to raise children to become productive and healthy humans is in a home with a father and mother married to each other,” Rubio said.

Nadine Smith, executive director of Equality Florida, said the LGBT community wouldn’t be able to trust Rubio if he were vice president during a Romney administration.

“I don’t think he believes the foolishness he says, he’s pandering as fast as he can, and in that sense, he and Romney are made for each other,” Smith said. “They’re both weather vanes.”

Another potential running mate is Jindal, who was considered a potential candidate for president prior to his widely panned response to President Obama’s State of the Union address in 2009. Last month, Americans for Tax Reform President Grover Norquist praised Jindal in an op-ed for Politico, later reportedly saying “Jindal is a leading option” for vice president.

But Jindal is known for having anti-gay views and maintaining close ties with anti-gay figures. Jindal campaigned for governor on rescinding an order put in place by Democratic Gov. Kathleen Blanco protecting gay state workers from discrimination — a pledge he fulfilled upon taking office.

Once elected, Jindal established a Louisiana Commission on Marriage & Family, appointing to the body anti-gay activists such as the Family Research Council’s Tony Perkins and the Alliance Defense Fund’s Michael Johnson.

SarahJane Brady, managing director of the Forum For Equality Louisiana, said Jindal has “continuously repressed and ignored the needs” of LGBT people in Louisiana.

“Bobby Jindal has proven himself repeatedly to be an enemy of fairness and equality,” Brady said. “Should Gov. Romney choose Bobby Jindal to be his running mate, that would send a message of open hostility to the LGBT community.”

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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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