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Kerry nomination excites int’l LGBT advocates

Frank won’t rule out accepting interim Senate appointment

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Sen. John Kerry has been tapped to become the next secretary of state (photo public domain)

Sen. John Kerry has been tapped to become the next secretary of state (photo public domain)

The nomination of Sen. John Kerry (D-Mass.) as secretary of state has excited advocates on global LGBT issues.

On Friday, President Obama formally announced he would nominate Kerry to serve as secretary of state. Noting Kerry’s service as a Vietnam veteran and chair of the Foreign Relations Committee, Obama said, “In a sense, John’s entire life has prepared him for this role.”

“Over these many years, John has earned the respect and confidence of leaders around the world,” Obama said. “He is not going to need a lot of on-the-job training. He has earned the respect and trust of his Senate colleagues, Democrats and Republicans. I think it’s fair to say that few individuals know as many presidents and prime ministers, or grasp our foreign policies as firmly as John Kerry.”

But Kerry is also receiving praise for his work on LGBT issues as a U.S. senator. During his tenure as a senator, Kerry has been a supporter of LGBT issues and earned perfect rating of “100” on the Human Rights Campaign’s most recent congressional scorecard.

In the previous Congress, Kerry voted for “Don’t Ask, Don’t Tell” repeal and hate crimes protection legislation. That support goes back to 1996, when Kerry was among 14 senators to cast a vote against the Defense of Marriage Act. He’s also been a key voice in encouraging the Obama administration to take additional action to protect bi-national same-sex couples and ending the ban preventing gay and bisexual men from donating blood.

In 2004, Kerry’s LGBT support wasn’t as strong on the issue of marriage as he pursued his run as the Democratic presidential nominee. As President George W. Bush campaigned on the Federal Marriage Amendment, Kerry would uncomfortably respond that he believes marriage is one man, one woman, but didn’t cast a vote when the FMA came up for a vote that year. He also came out in support of the state constitutional amendments in Missouri and Massachusetts banning same-sex marriage.

That changed after his presidential bid as the nation became more accepting of marriage equality. Kerry voted against the amendment in 2006 and has since come out for same-sex marriage. Just this year, he called for the inclusion of marriage-equality plank in the 2012 Democratic Party platform.

Chad Griffin, president of the Human Rights Campaign, commended Obama’s decision to nominate Kerry in statement while recognizing the senator’s previous work on LGBT issues.

“Sen. Kerry has been a trailblazer in the fight for LGBT equality, both domestically and internationally,” Griffin said. “His leadership in repealing the HIV travel ban, as well as his steadfast support for employment non-discrimination protections and addressing the needs LGBT homeless youth demonstrate his dedication to equality and to the rights of LGBT people worldwide.”

Kerry is nominated for the role as secretary of state at a time when LGBT human rights abuses overseas has received heightened attention. Efforts in Uganda to pass an anti-gay bill that would institute a penalty of life imprisonment — and perhaps even death — have worried LGBT advocates across the globe. In Russia, the lower chamber of parliament is set to consider legislation that would impose fines on the spread of pro-LGBT information to minors.

And just last week in Cameroon, an appeals court upheld a three-year jail sentence against Jean-Claude Roger Mbede, a man found guilty of homosexual conduct after he sent a text message to another man saying, “I’m very much in love with you.”

Andre Banks, executive director of All Out, a grassroots organization for international LGBT rights, called on Kerry to continue work already being done at the State Department against LGBT human rights abuses overseas.

“All Out encourages Senator Kerry to continue the State Department’s advocacy for LGBT people around the world, both publicly and through quiet diplomacy,” Banks said. “There are 76 countries where it is a crime to be LGBT, and 10 that carry life in prison or the death penalty. The U.S. must be a strong voice for decriminalization around the world.”

Upon confirmation, Kerry’s work on LGBT issues at the State Department will have to follow the often-praised work by Secretary of State Hillary Clinton. Her LGBT accomplishments include providing global benefits to LGBT employees and diplomats representing the country overseas. However, she’s among a few high-profile Democrats who hasn’t publicly endorsed marriage equality.

Perhaps Clinton’s most high-profile pro-LGBT act was speaking to the United Nations in Geneva last year against LGBT human rights abuses, telling LGBT people across the globe who feel isolated in their countries, “You have an ally in the United States of America and you have millions of friends among the American people.”

Mark Bromley, chair of the Council for Global Equality, said Kerry has been exemplary on LGBT issues as a U.S. senator and expects him to continue Clinton’s work.

“Sen. Kerry has been a strong defender of equality for LGBT citizens in this country, and a strong supporter of human rights abroad, so we certainly expect that he will continue to advance Secretary Clinton’s legacy of support for LGBT communities globally,” Bromley said.

Will Frank serve as interim U.S. senator?

But the Kerry nomination is also noteworthy for the LGBT community because it creates the opportunity for Gov. Deval Patrick to appointment as a temporary replacement a high-profile LGBT lawmaker: retiring Rep. Barney Frank (D-Mass.).

In a brief interview with Politico on Thursday, Frank, who’s set to retire from Congress at the end of this year, wouldn’t rule out the possibility of accepting the appointment, although he said he hasn’t received an offer from Patrick.

“The governor ought to be free to make whatever choices he makes,” Frank was quoted as saying. “In Massachusetts, you’re talking about an interim, not a permanent appointment. I certainly would not take on any long-term appointment. As for an interim thing, I think accepting offers that haven’t been made is kind of presumptuous.”

Asked to clarify, Frank reportedly said his answer was “not a ‘no’ or a ‘yes.’ Rejecting an offer that hasn’t been made is also presumptuous.”

After the Senate confirms Kerry, Patrick must appoint an interim replacement. A special election must be held in Massachusetts between 145 and 160 days later, and the winner of that election would retain the seat until 2014. Besides Frank, another name that’s been floated as possible interim choice is Vicki Kennedy, the spouse of the late Sen. Edward Kennedy.

On Friday, Patrick said during a news conference he’ll move quickly to fill the seat upon Kerry’s confirmation, but wouldn’t confirm any names that he’s considering.

Lesbian Senator-elect Tammy Baldwin is set to be sworn in on Jan. 3, It’s possible Baldwin and Frank, who’ve served together as U.S. House members, could also alongside each other in the Senate.

Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, said the selection of Frank as an interim senator would well serve Massachusetts — provided Frank is interested in the role.

“I would say if he is offered it and he wants it, very few people would be more qualified to represent Massachusetts in the Senate,” Dison said. “Even on a temporary basis, it would be kind of neat capstone to a pretty remarkable career in public service.”

 

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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

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U.S. Supreme Court (Washington Blade photo by Michael Key)

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.

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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

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

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.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

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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