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NOM chief responds to ‘second-best option’ remarks

Brown affirms children do best with biological parents; won’t say if he shares adoption view

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Brian Brown, National Organization for Marriage, gay news, gay politics dc

NOM President Brian Brown on Thursday responded to the view that adoption is the “second-best option” for children (Washington Blade file photo by Michael Key)

The president of the National Organization for Marriage on Thursday maintained children do better when raised by biological parents when asked to affirm whether he believes U.S. Supreme Court Chief Justice John Roberts’ decision to adopt children was the “second-best option” for them — a view articulated by his organization’s board chair.

“Well, the reality is that on any indicator we’ve been able to measure since the explosion and the break down of the family from the 60s to the present is that children do best with both their mother and father,” NOM President Brian Brown said. “Obviously, we need to encourage adoption, we need do everything we can to help single motherhood.”

Brown was asked the question by the Washington Blade during the question-and-answer session at a panel at the 2013 Conservative Political Action Conference in National Harbor.

While promoting the idea of children being raised by biological parents, he also said he encourages adoption.

Brown later drew a distinction between adopted children being raised by opposite-sex parents or a single parent and same-sex marriage.

“It’s entirely different when you put into the law the notion that either mothers or fathers are completely expendable,” Brown said. “And that, at it’s nature, is what same-sex marriage is all about: two moms or two dads are essentially the same as a mother and a father. That is not the case. Children have rights, too. Children have a right to have a chance to have both a mother and a father.”

The Blade’s question to Brown was whether he shares the views expressed by NOM Board Chair John Eastman in an Associated Press report that Roberts’ decision to adopt children was the “second-best option” for them as opposed to being raised by their biological parents.

After his initial response, the Blade asked Brown to clarify whether he shares the views articulated by Eastman with a “yes” or “no” answer. Brown replied, “I just answered you.”

After the question was asked, panel moderator Cleta Mitchell, a conservative activist who’s on the board of the American Conservative Union, which hosts CPAC, expressed displeasure, saying the panel was about the bullying of conservatives and not marriage.

Mitchell then asked whether the Blade has a practice of outing people who are gay and whether such practice should be considered bullying. This reported replied, “It depends on the circumstances.” Mitchell retorted, “I think that’s bullying.”

“Can we go to the next question?” Mitchell said later. “Let’s go the next question. I’m going to be the bully here.”

Mitchell was among the conservative activists who called for the gay conservative group GOProud to be expelled from CPAC.

It was banned in 2011 and hasn’t been allowed back since.

Eastman’s quote is particularly noteworthy because Roberts, who has adopted two children with his wife, is one of nine justices on the Supreme Court who will be deciding the issue of same-sex marriage as part of litigation challenging California’s Proposition 8 and the Defense of Marriage Act.

NOM, among other anti-gay groups, is urging the court to uphold the measures.

“You’re looking at what is the best course society-wide to get you the optimal result in the widest variety of cases,” Eastman was quoted as saying. “That often is not open to people in individual cases. Certainly adoption in families headed, like Chief Roberts’ family is, by a heterosexual couple, is by far the second-best option.”

As noted in a statement by the Human Rights Campaign, Eastman’s comments are in opposition to testimony during the 2010 trial for the Prop 8 case from David Blakenhorn, who was an expert witness on the Prop 8 side.

Blakenhorn, who has since come out in favor of marriage equality, admitted that certain studies show children may do better when raised by adoptive parents or biological parents.

“The studies show that adoptive parents, because of the rigorous screening process that they undertake before becoming adoptive parents, actually on some outcomes outstrip the biological parents in terms of providing protective care for their children,” Blakenhorn said.

Michael Lamb, the head of the Social and Developmental Psychology Department at the University of Cambridge, also rejected in trial testimony that adoptive parents are less capable than biological parents.

“Those studies showed that children are just as likely to be well adjusted as children who are being raised by their biological parents,” Lamb said.

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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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