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Does Obama’s Cabinet lack diversity?

Black Caucus criticizes makeup; LGBT advocates still looking to smash glass ceiling

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White House Press Secretary Jay Carney says Obama values LGBT status as a element of diversity (Blade file photo by Michael Key)

White House Press Secretary Jay Carney says Obama values LGBT status as a element of diversity (Blade file photo by Michael Key)

White House Press Secretary Jay Carney declined to comment Tuesday on media reports indicating President Obama won’t appoint an openly LGBT person as part of his second-term Cabinet, but maintained sexual orientation and gender identity are “absolutely” elements of diversity the president values at the highest levels of the administration.

“I certainly am not confirming any speculation in the press about possible announcements the president might make,” Carney said under questioning from the Washington Blade. “I would refer you, again, to what I said and what the president has said about the value he places on diversity, and encourage you to assess the diversity of his appointments once they’ve all been made.”

According to media reports, Obama is close to making nominations for two vacancies in his Cabinet. His reported choice for labor secretary is Thomas Perez, who heads the Justice Department’s Civil Rights Division. The president is also reportedly poised to nominate as commerce secretary Penny Pritzker, a Chicago hotel mogul and finance chair for his presidential campaign.

LGBT advocates had asked Obama to make the first-ever openly LGBT Cabinet appointment in history. If Obama makes his nominations in accordance with those reports, LGBT advocates will have to wait for another vacancy for that to happen.

Gay California Assembly Speaker John Perez was reportedly on the short list for labor secretary. In December, an administration official told the Blade that Fred Hochberg, who’s gay and chair of the Export-Import Bank, was being looked at for the role of commerce secretary.

The questioning from the Blade came after inquiries from American Urban Radio’s April Ryan about a letter from Congressional Black Caucus Chair Marsha Fudge (D-Ohio) saying Obama has an insufficient number of black appointees in his Cabinet. In response to that question, Carney said Obama is “deeply committed to diversity in his Cabinet.”

“He believes that having a diverse Cabinet and a diverse set of advisers enhances the decision-making and deliberation process for him and for any president,” Carney said. “And so he values it greatly and that’s why he has pursued it both in his first term and continues to pursue it in his second term.”

Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, affirmed that Obama should consider sexual orientation and gender identity when making decisions about diversity in his administration and reiterated the call to appoint an openly LGBT Cabinet official.

“Sexual orientation and gender identity should absolutely be considered when the goal is diversity,” Dison said. “President Obama has appointed more openly LGBT Americans to his administration than all previous presidents combined, but nobody from the LGBT community has ever served in the Cabinet. We hope this president takes the historic opportunity to destroy that glass ceiling once and for all.”

It should be noted that Thomas Perez has a strong record on LGBT issues at the Justice Department. In 2009, Perez testified before the Senate on behalf of the administration in favor of the Employment Non-Discrimination Act. He’s also overseen the implementation and execution of the hate crimes protections law signed by Obama in 2009.

Additionally, Perez has spoken out against anti-gay bullying and had a role in the settlement that the Obama administration reached with Anoka-Hennepin School District in Minnesota over anti-gay school bullying.

A partial transcript of the exchange between Carney and the Blade follows:

Washington Blade: I just want to follow up on April’s questioning there.  There are new reports that the President is close to making his nominees for the labor and commerce secretary.  There was a lot of hope within the LGBT community that the President would take the opportunity with those vacancies to appoint the first-ever LGBT Cabinet member. But it looks like it’s not going to happen now. And you just mentioned how the President values diversity, and I’m just wondering if that excludes LGBT people. Does the President not believe that sexual orientation and gender identity are elements of diversity that you want to see at the highest levels of the administration?

Jay Carney: Again, Chris, I have no personnel announcements to make. I certainly am not confirming any speculation in the press about possible announcements the President might make. I would refer you, again, to what I said and what the President has said about the value he places on diversity, and encourage you to assess the diversity of his appointments once they’ve all been made.

Blade: But is sexual orientation —

Carney: Again, I think — I don’t have any — you’re asking me to make a statement about appointments that haven’t been made and I’m not going to do that.  I’m not going to get ahead of the president.

Blade: But I’m asking you to make a statement on value.

Carney:  The President values diversity.

Blade: And is sexual orientation and gender identity part of that diversity? 

Carney: Absolutely. And the president values diversity.

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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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