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Still waiting for first LGBT Cabinet appointment

‘Muted’ pressure as Perez said to be considered for labor secretary

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John Peres, gay news, Washington Blade, California
California Assembly Speaker John A. Perez is set to be in contention as labor secretary, but are LGBT groups pushing for his nomination? (Blade file photo by Michael Key)

California Assembly Speaker John A. Perez is set to be in contention as labor secretary, but are LGBT groups pushing for his nomination? (Blade file photo by Michael Key)

President Obama is facing a flurry of requests to take administrative action on behalf of the LGBT community at the onset of his second term. One call that has so far been ignored is for the appointment of an openly LGBT Cabinet member.

In recent months, LGBT groups — such as the Human Rights Campaign and the Gay & Lesbian Victory Fund — have said the appointment of an openly LGBT Cabinet member is important because it would provide visibility to the community and break a key remaining glass ceiling. No president has ever appointed an openly LGBT Cabinet member.

In November, Fred Sainz, HRC’s vice president of communications, told the Washington Blade the LGBT community is “rightly interested” in a Cabinet appointment as well as a G-20 ambassadorship.

But in comparison to other requests, such as participation in the lawsuit before the U.S. Supreme Court against California’s Proposition 8 or an executive order barring anti-LGBT workplace discrimination among federal contractors, the issue of appointing an LGBT Cabinet member hasn’t yet received significant attention.

Richard Socarides, a gay New York-based advocate and proponent of an LGBT Cabinet appointment, said he couldn’t say whether action from advocacy groups on the appointment is sufficient because he doesn’t know what’s happening behind the scenes, but acknowledged the public pressure is “rather muted.”

“I think that right now the organized political gay community in Washington has a very strong connection with, and relationship with the president, and he has delivered for us in many ways,” Socarides said. “So I think that there is, no doubt, a reluctance to rock the boat for the most part.”

Jim Burroway, a gay editor of the Tuczon, Ariz.-based blog Box Turtle Bulletin, said he hasn’t given the issue the “thought it deserves,” but acknowledged the importance of pushing for high-profile LGBT appointments.

“I’m always reluctant to say that this appointment or that appointment needs to be an LGBT person, but in the general scheme of things, it’s certainly time that an appointment somewhere reflects the diversity of the nation, or even of corporate America, when it comes to LGBT inclusion,” Burroway said.

HRC and the Victory Fund had no comment last month when Obama selected Sally Jewell, a Washington State-based businessperson, for the role of interior secretary, even though that selection meant John Berry, the gay head of the U.S. Office of Personnel Management, didn’t get the job. Although Berry was passed over, Jewell is a known advocate of the LGBT community and helped drive business support for marriage equality when it was on the ballot last year in her state.

Media speculation that Berry would be tapped to head the Interior Department was widespread because of his close ties to the administration and his background as a lower-level official in the department during the Clinton years and service as head of the National Wildlife Federation and National Zoo.

Comparatively, LGBT groups like HRC and OutServe-SLDN were aggressive in calling on Defense Secretary Leon Panetta to extend the available benefits to gay troops with same-sex partners, which ultimately led to the Pentagon taking action.

Michael Cole-Schwartz, an HRC spokesperson, said in response to the comparative silence that HRC has “been clear from the start” that it would like high-profile LGBT appointments during Obama’s second term.

“We have not called for any specific position to be filled by any specific individual and it is not our intent to comment on every personnel decision,” Cole-Schwartz said. “As the president continues to make nominations in his second term, there remains an abundance of exceptional LGBT Americans willing and able to serve and it is our hope that we will see an openly gay Cabinet secretary and other historic appointments.”

Denis Dison, a Victory Fund spokesperson, touted the success of the Presidential Appointments Project in response to a similar inquiry. The Project has helped facilitate the appointment of at least 260 openly LGBT officials within the Obama administration.

“The Project continues to advocate for qualified, experienced openly LGBT individuals who are capable of becoming leaders at all levels of government, including at the Cabinet level,” Dison said. “Because personnel decisions are by their nature sensitive, we believe our advocacy is best done privately.”

Even though the position of interior secretary will be off the table once Jewell receives Senate confirmation, other positions are open in the Cabinet that are possibilities for LGBT appointments.

One that has sparked media attention recently is the potential appointment of gay California Assembly Speaker John Perez as a replacement for Hilda Solis as labor secretary.

John O’Connor, executive director of Equality California, said Perez would be an excellent choice as labor secretary because he’s a champion of both LGBT people and the working class.

“Perez has built bridges between the LGBT community and labor,” O’Connor said. “Given his legacy of accomplishment in our state, we are incredibly supportive of his candidacy and would be so proud to see it happen.”

Fred Hochberg, the gay head of the U.S. Export-Import Bank, has been viewed as a potential candidate for the role of commerce secretary. In December, an administration official told the Blade the White House is “looking carefully” at Hochberg for the position. However, he may have been passed over as well if media reports are correct that Obama is close to nominating banker Penny Pritzker for the role.

Shin Inouye, a White House spokesperson, said in response to a Blade inquiry on whether the administration values sexual orientation and gender identity as an element of diversity in high-profile appointments that he has “no personnel announcements.”

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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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