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Vote nears on Boy Scouts gay ban

National Council expected to weigh in next week

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Zach Wahls, gay news, Washington Blade, Boy Scouts of America
Zach Wahls, gay news, Washington Blade, Boy Scouts of America

Zach Wahls is a leading voice against the Boy Scouts’ gay ban (Photo courtesy of Change.org)

All eyes will be on the Boy Scouts of America next week when members of the National Council vote on whether to partially lift a ban that LGBT advocates have sought to remove for at least a decade.

On May 23, 1,400 members of the National Council will gather at the National Annual Meeting in Dallas and take action on the pending resolution, which would allow all youths to participate in the Boy Scouts regardless of sexual orientation.

However, the resolution leaves in place the rule prohibiting openly gay adults from participating as leaders in the Boy Scouts. Further, the proposal maintains youth adhere to a “duty to God” and behavior consistent with the highest level of good conduct.

Zach Wahls, a 21-year-old activist and Eagle Scout — who gained notoriety for speaking on behalf of his lesbian parents before the Iowa Legislature — is the leading voice for a group called Scouts for Equality that is urging the Boy Scouts to adopt the change.

“The resolution that the Scouts are voting on clearly is not fully adequate,” Wahls said. “It still sends, I think, potentially harmful messages to the youth — both gay and straight — about discrimination being OK. That being said, I think it’s absolutely a step in the right direction, which is going to get started going down their path of evolution, as it were. And we all kind of know where evolution goes.”

Wahls said Scouts for Equality for the last two-and-a-half months has been mobilizing grassroots supporters across the country to talk with parents, scout leaders and scout masters about support for changing the gay ban.

“That really can only happen within the scouting community,” Wahls said. “It was through those conversations our incredible grassroots volunteers on the ground that we were able to identify and have conversations indirectly with huge amounts of voting members.”

In February, amid heightened calls for the organization to end its gay ban, the Boy Scouts started a review process to consider the impact of a change. Part of the review consisted of a questionnaire sent to members asking them if they’re OK with certain hypothetical scenarios involving gay scouts and whether they support or oppose lifting the ban.

The decision to partially lift the gay ban in the Boy Scouts may be an attempt to mollify religious groups affiliated with the Boy Scouts. According to the organization’s website, seven in 10 units in the Boy Scouts are chartered to faith-based organizations.

In response to a request for comment from the Washington Blade, the Boy Scouts provided an organizational statement maintaining the issue of allowing openly gay scouts to participate in the organization is a complex one.

“Scouting’s review confirmed that this remains among the most complex and challenging issues facing the BSA and society today,” the response reads. “Even with the wide range of input, it is extremely difficult to accurately quantify the potential impact of maintaining or changing the current policy. While perspectives and opinions vary significantly, parents, adults in the Scouting community, and teens alike tend to agree that youth should not be denied the benefits of Scouting.”

According to recent polls, a majority of the American public wants the Boy Scouts to lift its gay ban. A Washington Post/ABC News poll published on May 9 found that 63 percent back the idea of allowing gay youth to participate while 56 percent oppose the continued ban on participation from gay adults.

Asked whether he’s confident the resolution will be approved, Wahls replied, “As a Boy Scout, our motto is ‘Be Prepared.’ So we’re prepared for any kind of outcome, but we are feeling really, really good about where we are.”

But anti-gay activists are also at work urging the Boy Scouts to maintain its policy prohibiting out youths from participating. An organization called On My Honor is leading these efforts. It didn’t respond to the Washington Blade’s request for comment.

Ending the gay ban in the Boy Scouts is a goal that the LGBT community has long pursued. In 2000, a case known as Dale v. Boy Scouts was argued before the U.S. Supreme Court by Evan Wolfson, now president of Freedom to Marry. He maintained New Jersey’s enforcement of its non-discrimination law to prohibit the Boy Scouts, as a place of accommodation, from banning gay scouts wasn’t a violation of the First Amendment. However, the court determined in a 5-4 decision that current policy for the organization was constitutional.

Texas Gov. Rick Perry (R) has emerged as one of the most high-profile voices in opposition to lifting the gay ban. Last week, as reported by Right Wing Watch, the former Republican presidential candidate appeared on a Family Research Council webcast urging the Boy Scouts to resist the “flavor of the month” by changing its policy.

“The fact is, this is a private organization,” Perry said. “Their values and principles have worked for a century now, and for pop culture to come in and try to tear that up because it just happens to be the flavor of the month, so to speak, and to tear apart one of the great organizations that have served millions of young men — to help them become men and become great fathers — that is just not appropriate.”

Wahls responded to Perry’s position by saying the Texas governor is entitled to his views, but they’re at odds with the American people.

“It’s a free country,” Wahls said. “Gov. Perry can offer his opinion. It doesn’t change the fact that a strong majority of Americans want to lift the ban, and keeping the ban in place is highly detrimental to the future of scouting.”

CORRECTION: An initial version of this article mischaracterized attorney Evan Wolfson’s attorney argument against the Boy Scouts gay ban in 2000. The Blade regrets the error.

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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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