National
Sebelius violated federal law speaking at HRC event: report
White House maintains any infraction was minor and corrected
Secretary of Health & Human Services Kathleen Sebelius (Blade file photo by Michael Key)
Secretary of Health & Human Services Kathleen Sebelius violated federal law when she spoke before an LGBT audience about the need to elect Democratic officials at a Human Rights Campaign event, according to a report made public Thursday by the U.S. Office of Special Counsel.
The independent agency concluded Sebelius violated the Hatch Act, which prohibits civil servants from engaging in political activity, on Feb. 25 while speaking extemporaneously before an HRC campaign gala in Charlotte, N.C., although the Obama administration maintains any violation was corrected and the infraction was minor.
Sebelius used taxpayer funds to travel to an event in her official capacity, but reportedly veered from her prepared remarks and took a partisan tone, which was found to be in violation the Hatch Act. The report, dated Aug. 23, was delivered to President Obama.
According to the report, Sebelius’ calendar identified the event as official in nature. Online invitations referred to her in her official capacity as “Secretary Kathleen Sebelius” and “Secretary of DHHS Kathleen Sebelius.” A memo given to her suggested if she was asked about her personal views, she reply, “I’m here to represent the President and the Obama Administration, not in my personal capacity.”
During her speech, Sebelius talked as part of her prepared remarks about the Obama administration’s commitment to LGBT people — hitting on “Don’t Ask, Don’t Tell” repeal, dropping defense of the Defense of Marriage Act in court and what the Affordable Care Act means for LGBT Americans. All of these remarks were consistent with the Hatch Act.
But Sebelius deviated from her prepared remarks, making news in the LGBT press when she called for the defeat of Amendment One in North Carolina — a constitutional ban on same-sex marriage that ultimately passed — about a month before the Obama campaign explicitly came out against the measure.
It’s these unscripted remarks that got Sebelius in trouble. She also advocated for the re-election of President Obama, saying “one of the imperatives is to make sure that we not only come together here in Charlotte to present the nomination to the president, but we make sure that in November he continues to be president for another four years.” She also called for the re-election of a Democratic governor in the state, saying, “it’s hugely important to make sure that we re-elect the president and elect a Democratic governor here in North Carolina.”
Following media inquiries about Sebelius’ speech, HHS issued a statement two days after the event saying the federal government wouldn’t pay for her trip and the department retroactively classified the event as political. HHS sought reimbursement from the Obama campaign and the Democratic National Committee for the costs of her travel. In testimony before OSC, Sebelius reportedly admitted her political remarks were a “mistake” and she “got a little caught up in the notion that the gains which had been made would clearly not continue without the president’s reelection.”
Still, OSC concluded Sebelius violated the law, stating, “These statements were made in Secretary Sebelius’ official capacity and therefore violated the Hatch Act’s prohibition against using official authority or influence to affect the results of an election.”
Responding to the report in a letter dated Sept. 7, Sebelius said OSC correctly notes that she acknowledged her political comments were a mistake, but said the agency should have concluded any violation of the Hatch Act was corrected. She also said she’s met with ethics attorneys for a greater understanding of what remarks are permissible in her official capacity.
“If there was a violation of the Hatch Act based on the use of my title, I believe the violation was technical and minor,” Sebelius said. “These are not the type of violations that the Hatch Act was intended to address.”
Rep. Darrell Issa (R-Calif.) (Washington Blade photo by Michael Key)
The investigation was initiated in March after a request by Rep. Darrell Issa (R-Calif.), chair of the House Government & Oversight Reform Committee.
In a statement, Issa said he appreciated OSC’s “timely and thorough” investigation and is awaiting further action from Obama.
“OSC’s report and findings underscore the importance of laws prohibiting mixing official government business with partisan political activity,” Issa said. “OSC has sent its findings to President Obama, who must now decide on appropriate action. The Committee awaits President Obama’s decision. As he decides the appropriate consequences for Secretary Sebelius, the president should consider the important leadership role of Cabinet Secretaries and the example they must set for the entire Executive Branch.”
Eric Schultz, a White House spokesperson, said the issue was corrected even before the OSC report came out and maintained the Obama administration holds officials to the highest level of integrity.
“This error was immediately acknowledged by the Secretary, promptly corrected, and no taxpayer dollars were misused,” Schultz said. “This administration holds itself to the highest ethical standards, which is why President Obama has installed the toughest ethics rules of any Administration in history — beginning on his first day in office when he signed an Executive Order instituting unprecedented reforms.”
Sebelius is no stranger to speaking to LGBT crowds to advocate for President Obama. In addition to speaking at the HRC event in Charlotte, Sebelius was at a D.C. fundraiser for LGBT people that both she and Obama attended. Sebelius also addressed members of the LGBT caucus last week at the Democratic National Convention.
The Human Rights Campaign didn’t immediately respond to a request for comment on Sebelius’ apparent violation of federal campaign law at one of its events.
But Republican groups — including a gay conservative organization — took the report as an opportunity to criticize the Obama administration.
Jimmy LaSalvia, executive director of GOProud, took aim at the Obama administration over the revelations in the report. His organization has endorsed Republican presidential nominee Mitt Romney.
“It shouldn’t take congressional action to know that a speech given to a partisan political organization, like HRC, is a political speech,” LaSalvia said. “All of us taxpayers owe Chairman Issa a debt of gratitude for his vigilance in exposing Hatch Act violations by this administration.”
The Republican National Committee accused the Obama administration more broadly of drawing on federal funds to pay for campaign expenses. Republicans have previously criticized President Obama for traveling on government funds to events that are ostensibly for official business, but are located in swing states in the presidential election.
“The Obama administration promised to change Washington but time and again we have seen questionable activity from the administration using taxpayer dollars,” RNC spokesperson Kirsten Kukowski said. “In fact, the questions about Secretary Sebelius pale in comparison to the White House’s blatant use of taxpayer dollars for campaign purposes.”
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs
The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams
In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition
On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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