National
Fresno activists wage lonely battle to oust congressman
California’s newly drawn 22nd District ‘safe’ for anti-gay GOP incumbent


Rep. Devin Nunes (R-Calif.) received a ‘0’ rating on HRC’s Congressional Scorecard. (public domain photo)
Editor’s note: This is the second in an occasional series profiling congressional districts in which the incumbent is not supportive of LGBT rights. The articles seek to assess the chances of electing a supportive candidate to help advance pro-LGBT bills that have been stalled in Congress. Visit washingtonblade.com for the first installment on Maryland’s 6th District.
U.S. Rep. Devin Nunes (R-Calif.) is one of 14 members of the U.S. House of Representatives from California who received a “0” rating on LGBT issues from the Human Rights Campaign’s 2010 Congressional Scorecard, which has a rating scale of 0 to 100.
Nunes and most of the other U.S. House members with a 0 rating in the state — all Republicans — represent districts inside or bordering on California’s Central Valley, a vast rural and agricultural region in the interior and eastern part of the state.
The region has traditionally elected conservative Republicans to Congress and to the California Legislature.
“The rabid homophobes come from rabid, red homophobic districts,” said Mark Leno, a gay State Senator from San Francisco and longtime LGBT rights advocate. “They’re going to get re-elected. So to waste time, energy and resources in those districts is just that, a waste,” Leno told the Blade.
“You have to look at party registration where it’s most possible for a Democrat to win, and that’s what the Democrats are doing,” he said.
The newly redrawn district includes precincts that voted overwhelmingly for Sen. John McCain in 2008, leading many observers to label the seat “safe” for Nunes.
But gay activist Jason Scott, a resident of Clovis, Calif., a small city that borders on the much larger City of Fresno, said he’s troubled that the national Democratic Party and national LGBT organizations appear to have written off the 22nd Congressional District and other Central Valley districts.
Scott is one of the organizers of Gay Fresno, an online LGBT news and resource service that covers Fresno and nearby cities and towns in the Central Valley region. Although he agrees that Nunes is likely to win re-election this year, Scott told the Blade residents of Nunes’ 22nd District have changed their views on LGBT issues in recent years.
“I don’t feel like the people he represents have the identical mindset that he does on gay rights,” Scott said.
Lesbian activist Robin McGehee, a Fresno resident who teaches communications at the College of the Sequoias in nearby Visalia, expressed a similar view. McGehee is co-founder of the national LGBT direct action group GetEqual and one of the lead organizers of the 2009 National March on Washington for LGBT Equality.
“It would be great if more of our state-based organizations and even national organizations were putting boots on the ground and resources in these congressional districts,” she said. “I think we can swing the vote because Nunes is really not liked as well as what would be expected in a farming community like this.”
McGehee added, “There are lots of liberal Democrats that are here. Nunes is the one who’s gotten all the resources. That’s the reason he’s been in that seat as long as he has.”
Nunes has voted against the repeal of “Don’t Ask, Don’t Tell,” the law that prohibited gays from serving openly in the U.S. military. According to the HRC Congressional Scorecard, Nunes has declined to back all of the LGBT supportive bills pending in Congress, including the Employment Non-Discrimination Act, or ENDA, which calls for banning private sector employment discrimination based on a person’s sexual orientation and gender identity.
He also opposes legal recognition of same-sex marriage and has declined to support or co-sponsor legislation to repeal the anti-gay Defense of Marriage Act, or DOMA.
Jack Langer, director of communications for Nunes’ congressional office in Washington, said he would make inquires to determine if Nunes has changed his position on LGBT issues since the release of the HRC Scorecard in October 2010. Langer didn’t get back with a response by Wednesday afternoon.
HRC is scheduled to release an updated version of its Congressional Scorecard in October. People familiar with Nunes’ voting record and positions have said he doesn’t appear to have changed his views on LGBT issues.
Scott of Gay Fresno said he wrote a letter to Nunes’ office urging him to take a more supportive posture on LGBT-related issues. He said the response he received was a terse refusal to back any of the bills or positions he inquired about.
“I was surprised that the response I received went further than the Republican talking points you would expect from a member of Congress,” Scott said. “It looked like it came from one of the anti-gay groups.”
Scott said he knows of no local LGBT political advocacy groups in Nunes’ district or in any locations within the Central Valley. While the statewide group Equality California gets involved in some issues in the region, for the most part LGBT people in the region have been left to fend for themselves, Scott said.
He and McGehee said an effective advocacy campaign for LGBT equality, especially through TV ads, could have resulted in far more votes in the Central Valley against Proposition 8, the 2008 ballot measure approved by California voters that bans same-sex marriage in the state constitution. McGehee said the No on 8 campaign had little or no presence in the Central Valley other than to provide campaign signs.
“I think voter education is an important part of this,” Scott said, adding that a concerted effort by national and state advocacy groups to promote LGBT rights in the region would significantly boost the chances for electing pro-LGBT candidates to Congress and state offices in the Central Valley region.
Leno, the gay state senator, points to a plan developed by House Minority Leader Nancy Pelosi (D-Calif.) and the Democratic Congressional Campaign Committee that strategically targets eight congressional districts in California that are held by Republicans or are vacant due to redistricting.
The plan, dubbed “Red to Blue 2012,”calls for sending money and logistical support to the Democratic candidates running in those districts from the National Democratic Party and Democratic contributors from across the country.
One of the targeted races is in the newly created 41st District in the Los Angeles area, where gay Democrat Mark Takano is said to have a good chance of winning in an area with a solid Democratic majority. Takano is receiving logistical and financial support under the Red to Blue campaign.
Another district targeted is the redrawn 36th in the Palm Springs area, which is held by Republican Mary Bono Mack. The Log Cabin Republicans endorsed Bono Mack in 2010 but have yet to do so this year, according to an endorsement list on the group’s website.
Bono Mack received a rating of 53 on the HRC Scorecard in 2010, the highest rating of any Republican in the state.
The newly drawn 22nd Congressional District where Devin Nunes is running for re-election to his sixth term in office is not one of the districts targeted in the Red to Blue 2012 campaign. The Red to Blue 2012 campaign is targeting just three of the 14 California districts where the GOP incumbent had a 0 HRC Scorecard rating. The three targeted districts are not in the Central Valley region.
Nunes is being challenged by Democrat Otto Lee, a Chinese-American businessman and U.S. Navy veteran who served in the first Gulf War and later, as a commander in the Navy Reserves, was recalled to active duty during the Iraq war.
Lee is a former city council member and former mayor of Sunnyvale, Calif., in the state’s Silicon Valley area, which is located more than 100 miles away from the 22nd Congressional District. The fact that he and his family moved to the district earlier this year has prompted Nunes supporters to call him a carpetbagger.
Brandon Fisk, an official with the Fresno County Democratic Party Central Committee, said voters would likely view Lee’s experience as an accomplished businessman, Navy Reserves commander, and “public servant” in Sunnyvale as an asset that will help him better serve as a congressman in the Fresno area.
“Nobody called him a carpetbagger when he served in Iraq,” Fisk said.
Scott and McGehee said that although Lee has not mentioned LGBT issues in his campaign speeches he has made it known in the district that he would be supportive on LGBT issues in Congress. Scott said the Lee campaign reserved space to set up a booth at an LGBT Pride festival scheduled for Saturday in Visalia.
Although Congress in the past three-and-a-half years has passed legislation to repeal “Don’t Ask, Don’t Tell and to approve a hate crimes law that allows the federal government to prosecute hate crimes against LGBT people, all other LGBT supportive bills have remained stalled in committee.
Some LGBT advocates have said they are especially troubled over the inability of the Democrats to arrange for the passage of ENDA when they controlled both the House and Senate in 2009 and 2010. Then House Speaker Nancy Pelosi and gay Rep. Barney Frank (D-Mass.) have said Democratic supporters, who far outnumbered Republicans committed to backing ENDA, had the votes to pass the bill itself but not to defeat one or more hostile amendments expected to be introduced by opponents of the bill.
Frank said a head count taken by House Democratic leaders found that supporters would fall short by a dozen or more votes in an effort to defeat an amendment calling for banning transgender people from certain jobs such as schoolteachers.
It was due to that uncertainty that Pelosi and other House Democratic leaders chose not to bring up ENDA for a vote at the time, according to Pelosi spokesperson Drew Hammill.
Most political observers say ENDA and most other LGBT bills would have little or no chance of passing in the next two years if Republicans retain control of the House. Pelosi and the Democratic Congressional Campaign Committee’s leaders say they are hopeful that Democrats will win the 25 House seats they need to regain control of the House in the November election.
McGehee and other LGBT advocates, however, say if Democrats win a majority in the House, nearly all of the new members making up their majority will likely be from swing districts with many conservative, Republican leaning voters. Unless advocacy groups and the Democrats do the outreach work needed to change the hearts and minds of voters on LGBT issues in places like California’s Central Valley, Democrats may not be able to garner the votes needed to pass ENDA and other gay bills, the advocates say.
“Could we do more about this?” asked gay California Assemblyman and former San Francisco Supervisor Tom Ammiano. “Absolutely,” he said.
Ammiano said he was hopeful that the growing number of LGBT supportive members of the state legislature and in county and municipal offices throughout the state would serve as a “farm team” for future LGBT friendly members of Congress.
LGBT advocates note that while California has the distinction of having 14 congressional districts with anti-LGBT incumbents, the largest number of U.S. House members with a 0 HRC rating of any state, California also has the most members of Congress with a perfect 100 HRC rating — 21 House members and both U.S. senators, Democrats Dianne Feinstein and Barbara Boxer.
“California certainly is a progressive state and is becoming ever bluer every year,” said Leno.
R. Clarke Cooper, executive director of Log Cabin Republicans, couldn’t immediately be reached for comment.
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

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.
National
Medical groups file lawsuit over Trump deletion of health information
Crucial datasets included LGBTQ, HIV resources

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.
U.S. Federal Courts
Federal judge scraps trans-inclusive workplace discrimination protections
Ruling appears to contradict US Supreme Court precedent

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.