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Pocan adjusting to life as a member of Congress

Gay Wis. lawmaker seeks pro-LGBT changes in House

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Mark Pocan, United States House of Representatives, Wisconsin, Democratic Party, gay news, Washington Blade
Mark Pocan, United States House of Representatives, Wisconsin, Democratic Party, gay news, Washington Blade

Rep. Mark Pocan (D-Wis.) speaks to eighth graders visiting Capitol Hill. (Washington Blade photo by Michael Key)

The Capitol Hill office of gay freshman Rep. Mark Pocan (D-Wis.) is noticeably bare as one might expect from a lawmaker who began his first term in office just a few months ago.

But on the teal walls, one item stands out: a framed picture of a 1924 campaign flier for Robert LaFollette along with a license plate advertising his bid for U.S. Senate. LaFollette, a Republican, who served in the early 20th century, formed the Wisconsin Progressive Party and is considered a leading voice of the progressive movement.

That flier and license plate are just two pieces of LaFollette memorabilia owned by Pocan, who’s an avid collector of all things related to the Wisconsin senator’s political career.

“I have over half of his known political buttons,” Pocan says. “I also have a little slide movie projector from 1924. You put it in and you have LaFollette reeler and there’s pictures. And their slogan was ‘Fearless and Incorruptible,’ which is kind of a great slogan.”

Speaking with the Washington Blade in his office, Pocan says he and his spouse of six years — Phillip Frank, with whom he operates a small printing company business in Madison — have pledged to donate their LaFollette collection to the Wisconsin Historic Society.

Any why is the Wisconsin congressman so interested in LaFollette? Pocan says the 1920s public figure resonates with him because of his work starting the progressive movement and advancing progressive causes in the state.

“In Wisconsin, we started things like unemployment compensation, so many of these national programs started in the progressive area,” Pocan says. “And he was a strong fighter. At the time, the railroads were a big monopoly, and he fought that. And he just kind of embodies what the progressive movement is about. Even here, he was recognized as a national leader for the work he did.”

In many ways, Pocan is in line with the spirit of LaFollette as a progressive leader. Representing Wisconsin’s 2nd congressional district, one of the more progressive areas in the country, Pocan serves the same constituents that lesbian Sen. Tammy Baldwin (D-Wis.) represented for 14 years before she won election to the upper chamber of Congress.

And as one of the seven openly lesbian, gay and bisexual members of Congress, Pocan personifies — and pursues — one of the most prominent causes that progressive groups have embraced in recent years: the advancement of LGBT equality.

But on this day, other issues are crowding the Wisconsin lawmaker’s schedule. His schedule includes his morning staff meeting, an audience with eighth grade students, a meeting with a legislative representative from the Area Health Education Centers in Wisconsin and lunch with House Minority Whip Steny Hoyer (D-Md.). Capping it off is a “Make It in America” news confernece with other members of Congress.

Pocan is able to find time to talk to the Blade about his experience serving in Congress for just more than 100 days. As a chair of the LGBT Equality Caucus, Pocan already has priorities for what he wants to see on LGBT issues for the 113th Congress.

While passage of any such legislation would be challenging as long as Speaker John Boehner (R-Ohio) is the presiding officer of the U.S. House, Pocan says he sees opportunities in working across the aisle. In particular, he wants to build support for legislation known as the Domestic Partnership Benefits & Obligations Act, which would provide federal workers with health and pension benefits for their same-sex partners.

A federal employee himself, Pocan found that he was unable to obtain federal benefits for his spouse, even though they were legally married in Canada, when he began his tenure in Congress — as was the person who was informing him he’d be ineligible.

“The person who was briefing me on my benefits, she and her partner don’t have benefits,” Pocan said. “So even the benefit designee, the person who’s a professional, she can’t get benefits for her partner. So, it’s a pervasive problem for federal employees. That’s an important bill, and we’ve got bipartisan support and we’re working on that so we can introduce it with strong support from day one.”

A member of the House Committee on Oversight & Government Reform, which would have jurisdiction over the legislation, Pocan says he expects introduction of the legislation next month. Although a Supreme Court ruling against the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, may make the legislation unnecessary, Pocan says plans for legislation are underway because there’s no telling how the court will rule.

In the meantime, Pocan is working within the system in Congress for greater equality for he and his spouse. The couple say they’re seeking from the House Sergeant at Arms an administrative change with the help of House Minority Leader Nancy Pelosi (D-Calif.). While his spouse was given a congressional pin that identifies him as spouse, Frank’s ID gives him the lesser distinction of designee.

“So he’s not treated equally, even though we’re legally married six-and-a-half years,” Pocan says. “So we’ve been working on that issue, trying to get that to change. For the last three months, we’ve been pushing to try to make them realize that we are legally married. What is their measure to say he’s a designee?”

Another LGBT issue that concerns Pocan is LGBT youth homelessness. That issue hits close to home; Pocan says an LGBT constituency group in Wisconsin informed him that about 400 people in Milwaukee who are homeless are LGBT youth.

Pocan says he intends to highlight an upcoming report from the Department of Housing & Urban Development to bring greater awareness to the issue of LGBT youth homelessness and has brought up the issue with the LGBT Equality Caucus.

“We realized the HUD report is coming this year, so now we’re partnering with some national groups on this, and we’re actually going to have something where we invite other national groups to Congress to talk about that,” Pocan says. “So, we’re just kind of getting that structure together to realize how we can have that magnified voice.”

The Wisconsin lawmaker comes to Congress after having served for 14 years as a member of the Wisconsin State Assembly, and, for a time, as the State Assembly Budget Committee chair, which under his jurisdiction passed a domestic partnership laws for gay couples in the state and allowed state universities to provide benefits for employees with same-sex partners. It was the first state to do so even with a draconian state constitutional amendment on the books barring same-sex marriage and marriage-like unions.

For Pocan, the most glaring difference between serving as a state lawmaker and a member of Congress is the partisanship that pervades Congress. Pocan was particularly disappointed that during freshmen training for new members of Congress, Democrats and Republicans were separated with the exception of one dinner and one reception.

“They kind of taught you bad behavior from day one,” Pocan said, “I’ve always worked on a finance committee for six of my years. I was co-chair there for two years, where I spent eight hours a day, three days a week for three or four months every other year putting a budget together with the other party and actually working on stuff.”

But Pocan has taken it upon himself to get acquainted with fellow lawmakers on the other side. One surprising person with whom he’s formed a friendship: Rep. Jim Jordan (R-Ohio), an anti-gay lawmaker who was among the chief voices calling for congressional action against the marriage equality law in D.C.

Part of their friendship is the result of Jordan attending University of Wisconsin, Madison, where he wrestled, and having kids who also attend that school.

“I signed on to his bill to keep wrestling in the Olympics because he cares about wrestling,” Pocan says. “I’m trying to build those relationships because we’ve talked about not only getting together while he’s in Madison, but he also wants to get on this one conservative radio show. I said I can get you on there, she hates me.”

Pocan can’t stay in his office speaking with the Blade long before he’s headed to his next engagement: speaking to eighth-graders from the Eagle School for Gifted Students who are on a field trip visiting Capitol Hill.

For 30 minutes, Pocan talks to the students about his job as a member of Congress and fields questions about the legislative process. Among the questions are continued funding for the U.S. Post Office and environmental issues, but he also receives a question from a student on what he can do to bring marriage equality to Wisconsin.

Pocan responds by saying the effort will be difficult because Wisconsin “put hate” in the constitution by amending it to ban same-sex marriage, but notes the progress made when domestic partnerships were enacted into law.

“It’s not full equality, but at least we were able to do something in Wisconsin,” Pocan says. “So we’ve got some minor protections in place, but I think the big thing we’re all watching is the Supreme Court case that was just heard a couple weeks ago to see what decision they make.”

The Wisconsin lawmaker urged the student to take heart because the country is moving ahead of leaders and pointed to recent polls showing a majority of the American public — and 80 percent of America’s youth — back marriage rights for gay couples.

“This is really I think a civil rights issue of our generation, and I’m hoping we’ll have good resolution with the courts, but more importantly, the public is there, we just have to get our leaders to actually lead,” Pocan said.

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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