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Obama nominates lesbian attorney for judgeship

Kaplan named as candidate for U.S. Court of Federal Claims

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Elaine Kaplan, gay news, Washington Blade
Elaine Kaplan, U.S. Office of Personnel Management's general counsel (Blade photo by Michael Key)

Elaine Kaplan, Currently serves as U.S. Office of Personnel Management’s general counsel. (Blade photo by Michael Key)

President Obama on Tuesday named attorney Elaine D. Kaplan, the current general counsel for the U.S. Office of Personnel Management, as one of two nominees to become a judge on the United States Court of Federal Claims.

If confirmed by the U.S. Senate, Kaplan would become the second out gay person to serve on the specialized court, which hears cases brought by citizens against the federal government to recover monetary damages.

In 2009, Obama appointed Federal Claims Court Judge Emily C. Hewitt, a lesbian, to become the court’s chief judge. Hewitt, whose 15-year term on the court ends in October, was first appointed to the court by President Bill Clinton in 1998.

On Tuesday, Obama also nominated attorney Patricia E. Campbell-Smith to become a judge on the Court of Federal Claims. Campbell-Smith has been serving since 2005 as a special master for the court as part of its program to adjudicate cases involving vaccine related injuries.

“These nominees have dedicated their careers to serving the public good,” the president said in a statement released by the White House. “And in so doing, they have displayed an unyielding commitment to justice and integrity,” he said.

“I am certain that they will serve the American people well from the Court of Federal Claims, and I am honored to nominate them today,” Obama said.

Kaplan has served as general counsel for OPM since 2009 under gay OPM Director John Berry, who was one of Obama’s first high-level gay appointees.

Prior to joining the Obama administration, Kaplan worked from 2004 to 2009 as Senior Deputy General Counsel for the National Treasury Employees Union and from 2003 to 2004 as an attorney for the D.C. law firm Bernabei and Katz.

In 1998, Kaplan was nominated by President Bill Clinton and unanimously confirmed by the Senate to serve as director of the U.S. Office of Special Counsel, where she served a designated five-year term that extended into the first two years of the administration of President George W. Bush.

Congress created the Office of Special Counsel as an independent agency intended to protect the merit-based U.S. civil service system by investigating and prosecuting complaints of prohibited personnel practices against federal government employees. The OSC is also charged with protecting whistleblowers who report instances of government misconduct or waste from improper reprisals.

Kaplan made news during her tenure as OSC chief when she strengthened protections against discrimination based on federal employees’ sexual orientation, citing a provision in the existing U.S. civil service law that she interpreted to cover LGBT employees.

She became the subject of further news reports after completing her term at the OSC when her successor named by Bush, anti-gay attorney and religious right figure Scott J. Bloch, reversed her policy toward gay federal workers. In an action that created an uproar among LGBT activists, Bloch declared that that no legal protections existed for gay or lesbian federal workers targeted for employment discrimination.

During her tenure as general counsel for the NTEU, Kaplan criticized Bloch for his actions as OSC head. Bloch subsequently became the target of an investigation by the FBI, which raided his office and home following allegations that he improperly sought to purge employees at the OSC who disagreed with him and allegedly was responsible for hiring a computer company to “scrub” files from his office computer. He resigned from his OSC position in 2008.

Shortly after pleading guilty in 2011 for contempt of Congress, for allegedly failing to disclose information requested during a congressional hearing, Bloch filed a lawsuit against more than a dozen people he claimed conspired to have him ousted from his job at the OSC. Among those named in the lawsuit, which sought $202 million damages, were Kaplan, Berry, and the Human Rights Campaign, which Bloch accused of conspiring with Kaplan and others to oust him from his job.

According to a clerk at the Fairfax County, Va., Circuit Court where Bloch filed the lawsuit, Circuit Court Judge Jane Roush dismissed the lawsuit on June 29, 2012 without prejudice. The “without prejudice” dismissal gave Bloch the option of filing the case again within six months under Circuit Court rules, but the clerk said there is no record of him having done so.

D.C. attorney Debra Katz, who was also named as a defendant in Bloch’s lawsuit, told the Blade the judge dismissed the case on grounds of “failure to prosecute” because Bloch, who represented himself in court, never served any of the named defendants with a complaint or summons.

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The White House

Report: Grenell wants Russian ambassadorship

Country’s anti-LGBTQ record a reported barrier

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Special envoy for “special missions” Richard Grenell speaks at the Log Cabin Republicans Big Tent Event in 2024. (Washington Blade photo by Michael Key)

Richard Grenell, President Donald Trump’s special envoy for “special missions,” is making it known that he is interested in the Russian ambassadorship.

According to reporting by the Daily Mail, Grenell has “floated” his interest in the role to coworkers, but issues surrounding the former German ambassador’s sexuality have made securing the position more difficult.

“He had an interest in the job — or at least he floated the idea to select colleagues. But Putin’s regime is extremely anti–LGBTQ, so I’m sure they didn’t take that thought too seriously,” one source close to Grenell told the Daily Mail. “That would never happen anyway.”

Grenell has long been one of Trump’s closest allies and was the first openly gay person to hold a Cabinet-level position. He was ousted last month as acting director of the Kennedy Center, a position he had held since Trump reestablished the board to be composed of his political supporters in 2025.

In addition to leading the nation’s cultural arts center, Grenell previously served as the U.S. ambassador to Germany from 2018 to 2020, and as the special presidential envoy for Serbia and Kosovo peace negotiations from 2019 to 2021. He was also a State Department spokesperson to the U.N. under the George W. Bush administration and a Fox News contributor.

Russia has a longstanding history of being anti-LGBTQ.

In 2013, the country passed a law banning any public endorsement of “nontraditional sexual relations” among minors. In December 2022, Putin signed legislation expanding the ban, making it illegal to promote same-sex relationships or suggest that non-heterosexual orientations are “normal” for people of any age, widening censorship across media and public life.

The Russian courts have also supported the restriction of LGBTQ identity in the country. In November 2023, Russia’s Supreme Court granted a request from the Justice Ministry to outlaw the “international LGBT movement” as “extremist,” allowing authorities to criminalize advocacy and potentially prosecute individuals for expressions of LGBTQ+ identity or support.

In addition to LGBTQ rights issues, the war between Russia and Ukraine has become a global concern. Ukraine, which was part of the former Soviet Union, includes the territory known as Crimea, which Russia annexed in 2014. The annexation remains a major point of international dispute over sovereignty. Since 2022, Russia’s large-scale invasion of Ukraine has escalated the conflict, drawing global attention and sanctions while straining U.S.-Russia relations.

The U.S. has spent $188 billion in total related to the war in Ukraine since the Russian invasion in February 2022, according to the Council on Foreign Relations.

The Russian ambassadorship seems to be a difficult role to fill, according to additional information presented by the Daily Mail. With Trump already being seen as relatively positive by Russian President Vladimir Putin, and with close ties to members of his Cabinet and family — like son-in-law Jared Kushner — the ambassadorship is complicated and viewed as less critical than in previous administrations.

“There is no rush to fill that role because it has now been deemed unnecessary,” another source told the U.K.-based publication.

Bob Foresman, a seasoned businessman with decades-long ties to the Kremlin, was reportedly once the frontrunner, according to the Daily Mail. Foresman served as vice chair of UBS Investment Bank and Deputy Chairman of Renaissance Capital between 2006 and 2009, and earlier led investment banking for Russia at Dresdner Kleinwort Wasserstein from 1997 to 2000.

“This is a pattern, especially in the Trump administration — special envoys big–footing the ambassadors,” a source told the Daily Mail. “It is shocking that we are already in April and we don’t have an ambassador to one of the most important countries in the world.”

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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Iran

LGBTQ groups condemn Trump’s threat to destroy Iranian civilization

Ceasefire announced less than two hours before Tuesday deadline

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President Donald Trump (Washington Blade photo by Michael Key)

The Council for Global Equality is among the groups that condemned President Donald Trump on Tuesday over his latest threats against Iran.

Trump in a Truth Social post said “a whole civilization will die tonight” if Tehran did not reach an agreement with the U.S. by 8 p.m. ET on Tuesday.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

Israel and the U.S. on Feb. 28 launched airstrikes against Iran.

One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.

Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the Strait of Hormuz, a strategic waterway that connects the Persian Gulf and the Gulf of Oman through which roughly 20 percent of the world’s crude oil passes.

Trump less than 90 minutes before his deadline announced a two-week ceasefire with Iran that Pakistan helped broker.

“We the undersigned human rights, humanitarian, civil liberties, faith-based and environmental organizations, think tanks and experts are deeply alarmed by President Trump’s threat regarding Iran that ‘a whole civilization will die tonight’ if his demands are not met. Such language describes a grave atrocity if carried out,” reads the statement that the Council for Global Equality more than 200 other organizations and human rights experts signed. “A threat to wipe out ‘a whole civilization’ may amount to a threat of genocide. Genocide is a crime defined by the Genocide Convention and by the Rome Statute of the International Criminal Court as committing one or more of several acts ‘with intent to destroy in whole or in part a national, racial or religious groups as such.'”

The statement states “the law is clear that civilians must not be targeted, and they must also be protected from indiscriminate or disproportionate attacks.”

“Strikes on civilian infrastructure — such as the recent attack on a bridge and the attacks President Trump is repeatedly threatening to carry out to destroy power plants — have devastating consequences for the civilian population and environment,” it reads.

“We urge all parties to respect international law,” adds the statement. “Those responsible for atrocities, including crimes against humanity and war crimes, can and must be held accountable.”

The Alliance for Diplomacy and Justice, Amnesty International USA, Human Rights Watch, the American Civil Liberties Union, the NAACP, MADRE, and the Robert and Ethel Kennedy Human Rights Center are among the other groups that signed the letter.

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