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McCain: UAFA ‘not of paramount importance’ for immigration deal

Ariz. Republican reluctant to accept provision for gay couples

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John McCain, Republican Party, Arizona, Senate, gay news, Washington Blade
John McCain, Republican Party, Arizona, Senate, gay news, Washington Blade

Sen. John McCain (R-Ariz.) said including gay couples in immigration reform is ‘not of paramount importance’ (Washington Blade photo by Michael Key)

A top Republican involved in the talks for a Senate deal on immigration reform said Tuesday the inclusion of gay couples in the final agreement is “not of paramount importance at this time.”

Sen. John McCain (R-Ariz.) seemed disinclined to accept a provision for gay couples as part of the immigration deal headed through Congress — calling such a provision a “red flag” — during an interview on “CBS This Morning.”

“We’ll have to look at it,” McCain said. “We’ll have to gauge how the majority of Congress feels, but that, to me, is a red flag that frankly, we will address in time.”

LGBT advocates are seeking a provision as part of comprehensive immigration reform that would enable gay Americans to sponsor a foreign same-sex partner for residency in the United States. Standalone legislation along these lines is known as the Uniting American Families Act.

The Senate blueprint unveiled on Monday by the “Gang of Eight” — a group of which McCain is a member — doesn’t mention any such provision. An aide for Sen. Charles Schumer, a leading Democrat involved in the talks, told the Washington Blade that language for gay couples “is among the many unresolved aspects of the negotiations, which is why it isn’t reflected either way in the outline.”

Jimmy LaSalvia, executive director of GOProud, blasted McCain in a statement for his reluctance to accept a provision for bi-national same-sex couples as part of an immigration deal while accepting a path to citizenship for the estimated 11 million undocumented immigrants in the United States.

“It defies logic that Sen. McCain would craft an immigration proposal that would reward gay people who came to this country illegally with a path to citizenship, but deny legal gay couples the opportunity to access the same immigration rights as opposite-sex couples,” LaSalvia said. “Under Sen. McCain’s vision for America, a gay American would be better off urging his or her partner to break the law, sneak across the border and come here illegally, and be granted amnesty by the senator.”

President Obama is expected to include a measure for same-sex couples as part of his own immigration reform plan that he’ll unveil in Las Vegas later on Tuesday.

During a press gaggle aboard Air Force One on the way to Nevada, White House Press Secretary Jay Carney hinted that Obama’s proposal would include UAFA.

“The president believes that it should be included and that should come as no surprise,” Carney said. “As we’ve said all along, this is consistent with the principles he has laid out over the last four years. And the president has long believed that Americans with same-sex partners from other countries should not be faced with the painful choice between staying with the person they love or staying in the country they love. And the president’s position on this is consistent with how we’ve approached prosecutorial discretion at [the Department of Homeland Security] and others.”

LGBT advocates, speaking on the condition of anonymity, said they were involved in a call put together by Schumer on the issue in which Sen. Richard Durbin (D-Ill.) also participated. In the call, Schumer reportedly told advocates UAFA wouldn’t be in the Senate principles because Republicans were opposed to it.

Advocates said they were told UAFA might be put in the legislation at a later point and Sen. Patrick Leahy (D-Vt.) may offer an amendment in committee to include the provision as part of the package. Schumer also asked LGBT advocates to cooperate because the intention of the process was to bring along as many folks as possible.

Watch the video of McCain here (courtesy ThinkProgress):

UPDATE: This article has been updated to include a comment from Jay Carney.

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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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