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High hopes for Obama’s second term

LGBT advocates seek continued advances in coming years

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Barack Obama, inauguration, gay news, Washington Blade
Barack Obama, inauguration, gay news, Washington Blade

President Obama will have two swearing-in ceremonies next week for his inauguration. (Public domain photo by Petty Officer 1st Class Chad J. McNeeley, USN)

Amid festivities from one end of Pennsylvania Avenue to the other, President Obama will officially begin his second term on Monday while LGBT advocates have high hopes for the actions he might undertake in the next four years.

There will be two swearing-in ceremonies for Obama. On Sunday, the president will be sworn into office by Chief Justice John Roberts in the Blue Room of the White House, where he’ll place his hand on the Robinson family Bible when he takes the Oath of Office. A public ceremony will take place on Monday at the Capitol Building, where Obama will place his hand on two Bibles: one from President Lincoln, the other from Dr. Martin Luther King, Jr.

Following the public ceremony on Monday, Obama will deliver his inauguration speech before an anticipated crowd of 500,000 to 800,000 people on the National Mall. The inaugural parade will begin at 2:30 p.m. and will proceed down Pennsylvania Avenue from the Capitol to the White House.

The area for non-ticketed viewing is between Fourth Street Northwest and the Washington Monument on the National Mall, which can be entered on Constitution Avenue at 7th, 9th or 12th streets, N.W. and also on Independence Avenue, S.W. at 7th and 12th streets. In addition to the obvious closure of Pennsylvania Avenue, both the Third and 12th Street tunnels will be closed as well as the Memorial Bridge.

Obama begins his second term after noteworthy accomplishments for the LGBT community — including coming out in favor of marriage equality and repealing “Don’t Ask, Don’t Tell” — and expectations remain high for administrative actions to advance LGBT issues in the next few years.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said Obama “got off to really rough start” by taking some controversial actions — such as withholding support for marriage equality and issuing a legal brief in favor of the Defense of Marriage Act that was riddled with anti-gay language — but noted an “increasingly productive tone” by the end of the his term.

“If you look at the very early on rough start and then how far the administration and President Obama came within that four years, it is significant,” Carey said. “To go from in the very first months huge missteps around, in particular marriage, to his last year of this term coming out publicly as the first president in support of our marriages, it’s a huge shift.”

Richard Socarides, a gay New York-based advocate, said Obama “delivered in a major way” during his first term on LGBT issues, but will be expected to build on the progress right away at the start of his second term.

“All indications are that the president has the opportunity to very strongly build on a great first term record,” Socarides said. “Obviously, there was some tension along the way, but people feel good about what he was able to accomplish in the first term. But on the eve of the second term, the big issues are going to come up right away.”

Administrative action is seen as the way forward for many LGBT issues because the Republican-controlled House is expected to block any meaningful legislation from passing Congress.

The requests from the LGBT community are already well-established and many of them must be undertaken within a few weeks after Obama is sworn in for his second term. A list of some of the more prominent requests follows:

• the reaffirmation from defense secretary nominee Chuck Hagel during his Senate confirmation hearings on Jan. 31 that he’ll support LGBT military families and extend partner benefits and non-discrimination protections upon the taking the helm at the Pentagon;

• the filing of a friend-of-the-court brief by the Justice Department before the Supreme Court prior to the Feb. 28 deadline to assert same-sex couples have a fundamental right to marry under the U.S. Constitution as justices consider the constitutionality of California’s Proposition 8;

• signing an executive order prohibiting federal contractors from discriminating on the basis of sexual orientation to continue receiving federal awards, a move that would cover between 400,000 and 600,000 LGBT workers;

• the appointment of LGBT officials to prominent positions in the administration, such as Cabinet-level positions or G-20 ambassadorships — particularly with prominent vacancies at the head of the Commerce Department, Labor Department and Department of the Interior;

• holding in abeyance the marriage-based green card applications of married bi-national same-sex couples to ensure these families aren’t separated before the Supreme Court makes a final determination on the constitutionality of the Defense of Marriage Act.

But Carey cautioned that some of the advances to come may be more low-key internal changes within the administration — such as the inclusion of LGBT questions on the hundreds of federal surveys conducted each year.

“The results for those surveys determine the flow of money and the flow of attention from the federal government to communities around the country,” Carey said. “Currently, our community is basically rendered invisible when it comes to those surveys, which means that our community is not getting the funding for our community-based organizations, for youth services, for any number of services around the country.”

Shin Inouye, a White House spokesperson, responded to calls for continued attention to LGBT issues by noting progress made in the first four years.

“President Obama is proud of the many accomplishments he’s achieved on LGBT equality during his first term, and he looks forward to building on that progress in the months and years to come,” Inouye said.

Already, Obama was faced with a controversy over the choice of an inaugural speaker.  In 2009, Pastor Rick Warren of the California-based Saddleback Church was selected to give the inaugural benediction — and remained in place — despite outcry over his support for Prop 8.

This time around, things are different. Pastor Louie Giglio of the Georgia-based Passion City Church said he would “respectfully withdraw” from the same duties after an anti-gay sermon from the 1990s came to light in which he advocated for widely discredited “ex-gay” therapy and urged Christians to stop the “homosexual lifestyle” from being accepted in society.

In his place, the committee has selected Rev. Luis Leon of the D.C.-based St. John’s Church near the White House, to deliver the benediction. His church, which is often attended by Obama, is known for its pro-LGBT atmosphere. According to The Huffington Post, it has had openly gay, non-celibate priests and a gay bishop in addition to announcing this summer that it would bless same-sex partnerships and ordain transgender priests. Leon also gave the inaugural benediction for President George W. Bush in 2005.

Carey said replacing Giglio as the inaugural pastor — as opposed to allowing Warren to stay on in 2009 while including gay Rev. Gene Robinson at another event hosted by HBO — certainly “feels like” a promising shift in terms of the expectations of tone that will be seen from the Obama administration on LGBT issues over the next four years.

“It feels like it, and I hope that tone continues,” Carey said. “For the inaugural committee and the administration to reverse course on someone they had already publicly announced as a key participant of the swearing-in day, I think, was not only a significant victory for our community, but it absolutely showed that this administration has moved in its understanding that prejudice coming from the inaugural swearing-in podium will not be tolerated in this country.”

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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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