National
Obama nominates lesbian attorney for judgeship
Kaplan named as candidate for U.S. Court of Federal Claims
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 broughtĀ 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 courtās 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.
āThese nominees have dedicated their careers to serving the public good,ā the president said in a statement released by the White House. āAnd in so doing, they have displayed an unyielding commitment to justice and integrity,ā he said.
āI am certain that they will serve the American people well from the Court of Federal Claims, and I am honored to nominate them today,ā Obama said.
Kaplan has served as general counsel forĀ OPM since 2009 under gay OPM Director John Berry, who was one of Obamaās 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 employeesā 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 āscrubā 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 āwithout prejudiceā 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 Blochās lawsuit, told the Blade the judge dismissed the case on grounds of āfailure to prosecuteā because Bloch, who represented himself in court, never served any of the named defendants with a complaint or summons.
U.S. Federal Courts
9th Circuit upholds lower court ruling that blocked anti-trans Ariz. law
Statute bans transgender girls from sports teams that correspond with gender identity
The 9th U.S. Circuit Court of Appeals on Monday upheld a lower court’s decision that blocked enforcement of an Arizona law banning transgender girls from playing on public schools’ sports team that correspond with their gender identity.
Then-Gov. Doug Ducey, a Republican, in 2022 signed the law.
The Associated Press reported the parents of two trans girls challenged the law in a lawsuit they filed in U.S. District Court in Tucson, Ariz., in April 2023. U.S. District Judge Jennifer Zipps on July 20, 2023, blocked the law.
Arizona Superintendent of Public Instruction Tom Horne, who was named as a defendant in the lawsuit, appealed the ruling to the 9th Circuit. Democratic Attorney General Kris Mayes is not defending the law.
A three-judge panel on the 9th Circuit unanimously upheld Zipps’s ruling.
“We are pleased with the 9th Circuitās ruling today, which held that the Arizona law likely violates the Equal Protection Clause and recognizes that a studentās transgender status is not an accurate proxy for athletic ability and competitive advantage,ā said Rachel Berg, a staff attorney for the National Center for Lesbian Rights, in a press release.
NCLR represents the two plaintiffs in the case.
California
LGBTQ journalists convene in Los Angeles for largest-ever NLGJA conference
NLGJA hits Hollywood: Empowering diverse voices in media
This weekend, the heat wasn’t the only thing taking over Los Angeles. NLGJA: The Association of LGBTQ+ Journalists was hosting its convention in Hollywood. This weekend was slated to be the biggest and most attended conference NLGJA has ever seen.
The NLGJA conference is hosted annually in a different city, focusing on uplifting and supporting LGBTQ journalists who have often been overlooked in newsrooms across the U.S. This year it’s in Los Angeles at the Loews Hollywood Hotel, right off the famous Hollywood Boulevard. The conference has an extensive range of events including networking meetings, panel discussions with LGBTQ media giants and workshops, all designed to aid LGBTQ journalists.
The mission of NLGJA is to “advance fair and accurate coverage of LGBTQ+ communities and issues” and “promote diverse and inclusive workplaces.” NLGJA has worked toward this mission since 1990, when Leroy F. Aarons founded the association.
Los Angeles last hosted the conference in 2003, the year discrimination protections for sexual orientation and gender identity expression became state law. It was held at the Renaissance Hollywood Hotel that year and attendance included more than 500 journalists from around the nation.
The city has a vibrant gay scene ā West Hollywood (often referred to as WeHo) has more than 40 percent of residents identifying within the LGBTQ community, holds the record for the earliest lesbian publication in the U.S. with Vice Versa in 1947, and hosted the first Pride parade in the U.S. (alongside New York and Chicago.)
This year has a long lineup of convention speakers touching on multiple themes. The lineup includes actors Jesse Tyler Ferguson and Zachary Quinto, who will talk about their upcoming projects; CNN national news correspondent David Culver to discuss accurate social media reporting; Los Angeles Times reporter Tracy Brown to dissect pop culture reporting; and many more.
The conference talks cover a wide variety of topics, but all center around maximizing coverage of LGBTQ communities in traditional and new age media. Other key topics include how and why outlets need to diversify newsrooms as well as how to properly cover the ongoing and nuanced fight for transgender rights in America.
Besides professional talks, the conference offers LGBTQ journalists a way to strengthen their community, much of which is achieved outside the conference halls. One way the conference does this is by hosting a “night OUT” at a local gay bar where discussions of journalist-source relations, how to navigate being the only queer person in the newsroom, and what to say to allies when they begin to encroach on unfriendly rhetoric are just some of the topics that can be heard from attendees.
In addition to talks and community building, the conference is giving out awards to LGBTQ journalists who have made significant contributions to the coverage of LGBTQ issues in the past year. Awardees include popular social media journalist Erin Reed, the Texas Newsroom’s Lauren McGaughy, “Journalist of the Year” Steven Romo and many more.
This conference is crucial for the ongoing professional development of LGBTQ journalists, providing a unique opportunity to connect with peers, share experiences and gain insights from others within their community.
For more information, visit NLGJA’s website at www.nlgja.org.
U.S. Supreme Court
164 members of Congress urge Supreme Court to protect trans rights
GRACE files separate brief in gender affirming care case
A group of 164 members of Congress filed an amicus brief on Tuesday urging the U.S. Supreme Court to defend transgender Americans’ access to medically necessary healthcare as the justices prepare to hear oral arguments this fall in U.S. v. Skrmetti.
Lawmakers who issued the 27-page brief include House Democratic Leader Hakeem Jeffries (N.Y.) House Democratic Whip Katherine Clark (Mass.), House Democratic Caucus Chairman Pete Aguilar (Calif.),Ā U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.), and Congressional Equality Caucus Chair U.S. Rep. Mark Pocan (D-Wis.), along with the caucus’s 8 co-chairs and 25 vice-chairs. Ranking members of the powerful House Judiciary and House Ways and Means Committees, U.S. Reps. Jerry Nadler (D-N.Y.) and Frank Pallone Jr. (D-N.J.), were also among the signatories.
The case, among the most closely watched this term, will determine whether Tennessee’s ban on gender-affirming care for minors, along with a similar law passed in Kentucky, violate the Equal Protection Clause of the 14th Amendment.
In their brief, the lawmakers urge the Supreme Court to treat with skepticism “legislation banning safe and effective therapies that comport with the standard of care” and to examine the role of “animosity towards transgender people” in states’ gender affirming care bans.
āDecisions about healthcare belong to patients, their doctors, and their familiesānot politicians,ā Pocan said. āThe law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists. We strongly urge the Supreme Court to uphold the constitutionās promise of equal protection under the law and strike down Tennesseeās harmful ban.ā
āFor years, far-right Republicans have been leading constant, relentless, and escalating attacks on transgender Americans. Their age-old, discriminatory playbook now threatens access to lifesaving, gender-affirming care for more than 100,000 transgender and nonbinary children living in states with these bans if the Supreme Court uphold laws like Tennesseeās at the heart ofĀ SkrmettiĀ fueled by ignorance and hate,” Markey said.
āTransgender people deserve the same access to healthcare as everyone else,” said Nadler. “There is no constitutionally sound justification to strip from families with transgender children, and their doctors, the decision to seek medical care and give it to politicians sitting in the state capitol. I trust parents, not politicians, to decide what is best for their transgender children.ā
Pallone warned that if Tennessee’s ban, S.B. 1, is “allowed to stand, it will establish a dangerous precedent that will open the floodgates to further discrimination against transgender Americans.ā
āUnending attacks from MAGA extremists across the nation are putting trans youth at risk with hateful laws to ban gender-affirming care,” said Merkley author of the Equality Act. “Letās get politiciansāwho have no expertise in making decisions for patientsāout of the exam room.Ā The Court must reject these divisive policies, and Congress must pass the Equality Act to fully realize a more equal and just union for all.ā
Also filing an amicus brief on Tuesday was the Gender Research Advisory Council + Education (GRACE), a transgender-led nonprofit that wrote, in a press release, “SkrmettiĀ is critically important to the transgender community because approximately 40% of trans youth live in the 25 states that have enacted such bans.”
The group argued laws like Tennessee’s S.B. 1 are cruel, discriminatory, and contradict “the position of every major medical association that such treatments are safe, effective and medically necessary for adolescents suffering from gender dysphoria.”
GRACE’s brief includes 28 families “who hope to share with the Court that they are responsible, committed parents from a variety of backgrounds who have successfully navigated their adolescentās transition.”
āThese parents sought medical expertise for their children with diligence regarding the best care available and input from experienced physicians and mental health professionals and they have seen firsthand the profound benefits of providing medically appropriate care to their transgender children,” said GRACE Board Member and brief co-author Sean Madden.
Left unchecked, this may start with the transgender community, but it certainly won’t end there,” added GRACE President Alaina Kupec. “Next it could be treatments for HIV or cancer.ā
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