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Hormel questions sincerity of Hagel apology for 1998 anti-gay remarks

Former ambassador wants assurances for LGBT military families

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James Hormel, gay news, Washington Blade
James Hormel, gay news, Washington Blade

James Hormel (Photo by Michael Nguyen; courtesy Skyhorse Publishing)

James Hormel — the nation’s first openly gay ambassador — questioned the sincerity of an apology that former Sen. Chuck Hagel (R) issued on Friday over anti-gay remarks he made in 1998. Hormel pledged to oppose Hagel’s confirmation as defense secretary unless he affirms before the Senate that he will support equal rights for LGBT military families.

Speaking with the Washington Blade from his San Francisco office, Hormel criticized the apology that Hagel issued for calling Hormel “openly aggressively gay” — because it was sent only to media outlets.

“If there is an apology out there in the universe, it hasn’t reached my office,” Hormel added. “So, until that time comes, I’m just doing my work here. When I see an apology, then I’ll consider it.”

Hormel, who since serving in his post in Luxembourg has become a philanthropist and major political donor, further criticized the statement because it was delivered 14 years after the remarks were made and comes at a time when the former senator is seeking high office. President Obama is reportedly considering him for the role of defense secretary, but hasn’t yet made any announcement.

“Fourteen years gives one plenty of time to reconsider and make whatever amends one might wish to make, and there were none made until yesterday,” Hormel said. “Given that he is under consideration for a presidential appointment, one can only wonder [about] the sincerity of the apology — but I haven’t seen the apology, so I can’t even comment on it. I’ve read about it, but I haven’t seen it.”

The apology from Hagel was published in several mainstream media outlets on Friday after questions were raised about Hagel’s commitment to LGBT rights given his anti-gay voting record as a U.S. senator from Nebraska.

“My comments 14 years ago in 1998 were insensitive,” Hagel was quoted as saying Friday. “They do not reflect my views or the totality of my public record, and I apologize to Ambassador Hormel and any LGBT Americans who may question my commitment to their civil rights. I am fully supportive of ‘open service’ and committed to LGBT military families.”

Despite the statement, Hormel said he would oppose the confirmation of Hagel as defense secretary if he doesn’t assert during the confirmation hearings that he supports open service for gay and lesbian service members and pledge to support LGBT military families.

“I think that if he doesn’t answer that question in hearings, then I would oppose his nomination,” Hormel said. “If through the course of hearings, he didn’t make it absolutely clear that No. 1, he supported the repeal of ‘Don’t Ask, Don’t Tell’ completely and No. 2, that he stands behind the families of LGBT service members to ensure their full rights as citizens, I would oppose his nomination.”

Hormel’s call for answers from Hagel come at a time when LGBT rights supporters are pushing the Pentagon to grant additional partner benefits to gay service members — such as joint duty assignments, issuance of military IDs, use of the commissary and family housing — through an administrative change in addition to the implementation of open service by transgender people.

Even though Hagel’s anti-gay remarks were published 14 years ago, Hormel recalled them with distinct clarity, saying he “was deeply disappointed and offended by it because I had just met the senator.”

Prior to their publication, Hormel said he spoke with Hagel in the senator’s office in a meeting arranged by then-Sen. Bob Kerrey of Nebraska. Hagel had previously voted to report out Hormel’s nomination to the floor as a member of the Foreign Relations Committee. At the time, Hormel said he heard no qualms from Hagel about confirming an openly gay U.S. ambassador.

“He was aware several of his colleagues had put holds on the nomination and indicated that he would do what he could to do to see whether he would have them removed, or in some other way, bring the nomination to the Senate floor for a vote,” Hormel said, “Now, four weeks later, the day before the Fourth of July, this article appeared. So, it was deeply disappointing for me at the time, and I did not understand where in the world it had come from. It certainly did not reflect on the conversation that we had had in his office.”

The Senate didn’t confirm Hormel and then-President Clinton assigned him the post through a recess appointment.

“There were people both in and outside of the Senate who were determined to see that I did not get a vote because they knew as well as I did that I would win the vote,” Hormel said. “And they didn’t want to see that happen.”

After Hagel issued the apology, the Human Rights Campaign issued a statement of appreciation. HRC President Chad Griffin said, “Sen. Hagel’s apology and his statement of support for LGBT equality is appreciated and shows just how far as a country we have come when a conservative former senator from Nebraska can have a change of heart on LGBT issues. Our community continues to add allies to our ranks and we’re proud that Senator Hagel is one of them.”

Asked whether he thinks that statement was wise for HRC to issue, Hormel said, “I haven’t read the HRC comment. I haven’t even gotten through the New York Times article yet, so I can’t really comment on what HRC has put out.”

After the Blade read the statement to him, Hormel still had no comment, saying HRC makes the decisions that the organization thinks are best for its mission.

“I need to see the full commentary before I say anything about it,” Hormel said. “I think that HRC’s mission is to see that LGBT citizens are treated as citizens like everybody else, and if they see the statement they put as a means toward that end, then they’re doing what they’re doing.”

Despite questioning Hagel’s sincerity, Hormel wouldn’t completely discount his apology, saying it represents a “watershed situation” in terms of the commitment public officials must have to LGBT equality if they are to win higher office.

“I think that this is kind of watershed situation because I don’t recall ever before that a nominee for a position like secretary of defense has issued any kind of apology, especially to a group of people who are still second-class citizens in the eyes of government,” Hormel said. “So, I do think there’s some significance to it; I’m sorry that it’s coming at a time which gives rise to questions about how insincere it is.”

UPDATE: Subsequent to interviews with the Washington Blade and the Washington Post, Hormel addressed the issue on his Facebook page, making a shift from his comments to the media:

Senator Hagel’s apology is significant–I can’t remember a time when a potential presidential nominee apologized for anything. While the timing appears self-serving, the words themselves are unequivocal–they are a clear apology. Since 1998, fourteen years have passed, and public attitudes have shifted–perhaps Senator Hagel has progressed with the times, too. His action affords new stature to the LGBT constituency, whose members still are treated as second class citizens in innumerable ways. Senator Hagel stated in his remarks that he was willing to support open military service and LGBT military families. If that is a commitment to treat LGBT service members and their families like everybody else, I would support his nomination.

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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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