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Gay black judicial nominee held up in the Senate

Are Florida’s senators delaying the process?

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Marco Rubio, 2012 Republican National Convention, Tampa, GOP, RNC, gay news, Washington Blade
Marco Rubio, 2012 Republican National Convention, Tampa, GOP, RNC, gay news, Washington Blade

Sen. Marco Rubio is holding up the nomination of a judicial nominee who’d be the first openly gay black male to serve on the federal bench. (Blade file photo by Michael Key).

More than eight months after President Obama first made the nomination, the process for confirming the first openly gay black male to sit on the federal bench appears to have stalled amid finger pointing in the Senate over the reason why.

The confirmation of William Thomas, who was named for a seat on the U.S. District Court for the Southern District of Florida, hasn’t yet passed the first step in the process, which is having the home senators in his state — Sens. Bill Nelson (D-Fla.) and Marco Rubio (R-Fla.) — return the “blue slips” for the nomination.

In effect, these senators are placing a hold on the nomination, even though both lawmakers had recommended Thomas after he made it through Florida’s Federal Judicial Nominating Commission, which makes recommendations to the state’s senators.

Meanwhile, the Thomas nomination has become entangled in a dispute between the Congressional Black Caucus and Rubio over the hold he’s placed on Thomas as well as Brian Davis, another black judicial nominee who was nominated for a seat on the U.S. District Court for Middle District of Florida.

During a Congressional Black Caucus news conference on Wednesday, Rep. Alcee Hastings (D-Fla.) fumed over Rubio’s decision to hold up the Thomas nomination, according to The Huffington Post.

“I know this much: William Thomas was here before Marco Rubio’s family came here,” Hastings said. “It would seem to me that Marco Rubio could pick up the telephone and call me and ask me a little bit more about William Thomas if he needs to know something more about him.”

Obama first nominated Thomas for the seat in November and renominated him to the bench at the start of the 113th Congress as part of a group of 33 nominations. But Thomas hasn’t been yet confirmed, even though three other gay nominees — Pamela Ki Mai Chen, Michael McShane and Nitza Quiñones Alejandro — have since that time received Senate approval.

Rubio’s office didn’t immediately respond to the Washington Blade’s request for comment. But according to the Tampa Bay Times, Rubio has concerns about Thomas’s involvement in a controversial case in which a man was given a sentence of just 364 days in jail for the hit-and-run death of a cyclist.

As for why Nelson continues to withhold the blue slips for the nomination, the reasoning seems to be different. Ryan Brown, a Nelson spokesperson pointed to the Senate Judiciary Committee when asked why the Florida senator hasn’t yet returned the blue slips for the nominee.

“Sen. Nelson submitted Judge William Thomas’s name to the president,” Brown said. “And we are now waiting on the results of a background investigation being done by the Judiciary Committee.”

It’s up to the senator in each state to determine when it’s appropriate to submit a blue slip. Brown added it’s customary for Nelson to wait until the background investigation before he submits his blue slips.

Jessica Brady, a Senate Judiciary Committee spokesperson, said she couldn’t provide much information about the background investigation, but added Nelson “has been advised” about the nominations of both Thomas and Davis.

“A background review occurs for all nominees by majority and minority staff,” Brady said. “This is a separate process than the blue slip process, which is the responsibility of home state senators. Sen. Nelson has been briefed by Judiciary Committee staff about both nominations. The background review is confidential, and so I cannot provide any guidance on that.”

Thomas has experience both as a defense attorney and as a judge. He’s served as a Circuit Judge in Florida’s 11th Judicial Circuit since 2005, where he has presided over both civil and criminal matters. Previously, he was an assistant federal public defender in the Southern District of Florida and represented indigent clients in federal criminal cases.

The Thomas nomination was facilitated through the Presidential Appointment Project, an initiative led by the Gay & Lesbian Victory Fund to help qualified LGBT individuals receive appointments in the federal government.

Denis Dison, a spokesperson for the Victory Fund, said the time has come for the Senate to move forward with the Thomas nomination.

“Judge Thomas was nominated by the president, through a process endorsed by Florida’s senators, because he is well-qualified,” Dison said. “He deserves a confirmation hearing.”

The White House didn’t respond to a request to comment on the hold up of the Thomas nomination — even though it’s Obama’s nominee.

Although Thomas would be the first openly gay black male to serve on the federal judiciary, U.S. District Judge Deborah Batts — who was appointed by President Clinton in 1994 — is black and a lesbian.

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The White House

HRC files class action over federal ban on gender-affirming care coverage

Lawsuit filed Monday challenges White House effort to restrict care

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Gender-affirming care activists outside of the D.C. Attorney General's office on Feb. 13, 2026 in support of care for trans youth. (Washington Blade photo by Michael Key)

The Human Rights Campaign Foundation, the nonprofit sister organization to the largest LGBTQ human rights lobbying and advocacy organization in the U.S., along with law firms Correia & Puth and Cohen Milstein Sellers & Toll, filed a class action lawsuit against the government as it attempts to restrict gender-affirming healthcare for federal employees.

The suit, filed on Monday, alleges that the Office of Personnel Management, run by Trump appointee Scott Kupor, is discriminating against LGBTQ federal employees (and their families and retired employees) by prohibiting health insurance coverage for gender-affirming care under the Federal Employees Health Benefits and Postal Service Health Benefits plans. There are five plaintiffs named in the complaint, but it extends to others who have those healthcare plans.

The document asserts that OPM’s prohibition on coverage for “gender transition” care in the FEHB and PSHB programs violates Title VII, the federal law that prohibits discrimination based on sex, race, color, religion, or national origin.

The policy, which was implemented on Jan. 1 following the 2025 issuing of Program Carrier Letter, mandated that insurance providers in these programs deny any coverage for gender-affirming care. In February, HRC filed a federal complaint with OPM over the change in healthcare policy, which was ultimately passed to the Equal Employment Opportunity Commission for review. That complaint is now an officially filed class action lawsuit in the U.S. District Court for the District of Columbia.

Research from the Williams Institute at UCLA Law, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, indicates that this policy denying gender-affirming care will impact healthcare access for at least 39,400 current and former federal employees and their dependents.

Human Rights Campaign President Kelley Robinson released a statement following the lawsuit’s filing.

“Our message to the Trump administration is simple: we’ll see you in court,” said Robinson. “Healthcare access should never be weaponized to advance discrimination — and the denial of coverage for critical healthcare based simply on who you are blatantly violates the rights of all of us.”

Gender-affirming care has been under constant attack by the Trump-Vance administration since its return to the White House, despite the practice being considered as extensively evidence-based but also supported by nearly every major medical organization. This type of care is provided to all people—not just transgender people—and includes things such as social affirmation, including using correct names and pronouns and wearing clothing that matches a person’s gender identity; mental health support, such as counseling to reduce depression and anxiety; and, in some cases, medical interventions such as reversible puberty blockers or hormone therapy when deemed medically appropriate.

“Federal employees have been through the wringer with the Trump administration,” said Cathy Harris, partner at Correia & Puth. “We draw the line at blatant discrimination to deny healthcare to our nation’s dedicated civil servants.”

“This odious policy is the latest example of the Trump administration’s obsession with targeting transgender people, using shameful and cruel tactics to threaten their employment, their health, and the well-being of themselves and their families,” Robinson added. “OPM’s actions will not go unchallenged, and we’ll continue to fight so that federal employees and their families receive the dignity they deserve.”

This is not the first time the White House has directly attacked gender-affirming care.

In January 2025, the administration issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.

For more information on how to get involved with the lawsuit, visit hrc.org.

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Politics

Buttigieg indicates he may run for president in 2028 

Former Transportation Secretary was in Biden-Harris administration’s Cabinet

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Former U.S. Transportation Secretary Pete Buttigieg speaking at the 2024 Democratic National Convention in Chicago. (Washington Blade photo by Michael Key)

Former Transportation Secretary Pete Buttigieg told a podcaster he is considering throwing his hat in the ring for president once again.

“I don’t know,” Buttigieg told Steven Bartlett, the British host of The Diary of a CEO, the most popular top business and tech podcast on Spotify, which aired Monday. “I think I’m more inclined than not, but there’s so much we don’t know.”

“There’s so much I don’t even know about what’s going to happen this year, let alone … what we need to know later,” he added.

Buttigieg is no stranger to running for the Oval Office.

In 2019, the former South Bend, Ind., mayor was a serious contender in the Democratic primary for the 2020 presidential election but ultimately ended his campaign and endorsed Joe Biden.

In May, an Emerson College Polling survey found Buttigieg at the top of the list of potential presidential contenders, leading California Gov. Gavin Newsom, New York Congresswoman Alexandria Ocasio-Cortez, former Vice President Kamala Harris, and others.

In addition to discussing his future in federal politics, Buttigieg also discussed President Donald Trump’s handling of the Iran war — which reached its 5-month mark two weeks ago — the changing landscape of U.S. jobs due to the rise of artificial intelligence, and the growing national debt, all issues he could face if he ultimately returns to the White House.

Following his 2020 presidential campaign, Buttigieg gained prominence within the Democratic Party, eventually leading to his confirmation as Transportation Secretary. In February 2021, he became the first openly gay Cabinet member to be confirmed by the U.S. Senate.

In addition to his experience as an elected official, the 44-year-old served as a Navy intelligence officer in the reserves from 2009-2017, including a seven-month deployment to Afghanistan in 2014. Buttigieg came out as gay in 2015 and later married his husband, Chasten Glezman, in 2018. The couple now has two children: twins.

Buttigieg also has an extensive educational background.

He graduated from Harvard University with a bachelor’s degree in history and literature and later became a Rhodes Scholar, attending the University of Oxford, where he earned a bachelor’s degree in philosophy, politics, and economics.

This is not the first time Buttigieg has made headlines this year.

In June, he went public about being falsely accused of posing a threat to his children’s safety. An anonymous police report claimed he was a danger to his 4-year-old twins and was not allowed to be with them until after police interviews were conducted.

The police report was later determined to be false. The Washington Blade reached out to the Michigan State Police to ask what course of action, if any, would be taken against the woman who filed the false report, but the agency did not answer the question.

The Blade reached out to Buttigieg’s team for comment on his potential 2028 presidential bid, but did not hear back before publication. 

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Congress

House blocks effort to codify transgender servicemember ban into law

Lawmakers approved two anti-trans NDAA amendments

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The Pentagon (Photo by icholakov/Bigstock)

The U.S. House of Representatives on Tuesday rejected an amendment to the National Defense Authorization Act that would have codified a ban transgender servicemembers in the military.

The bipartisan vote was 212-217.

The NDAA is for the 2027 fiscal year and sets policies for the Defense Department programs and activities and the national security programs of the Department of Energy.

U.S. Rep. Lauren Boebert (R-Colo.) proposed the amendment on July 21. It stated that all personnel are required to serve in accordance with their biological sex, citing military readiness and discipline.

Human Rights Campaign Senior Director of Government Affairs Jennifer Pike Bailey stated that she is grateful for the bipartisan vote that rejected President Donald Trump and Defense Secretary Pete Hegseth’s “dangerous and discriminatory policy that has kicked brave transgender servicemembers out of the military and weakened our national security.”

“Everyone who meets the same rigorous standards should be able to serve their country. We should honor that patriotism, particularly in this moment where we are witnessing brave servicemembers making the ultimate sacrifice for our country, instead of ending their careers and politicizing their existence. We’re grateful that a permanent extension of this ban failed, and we will keep fighting to reverse this senseless policy,” Bailey said.

Mark Takano, chair of the Congressional Equality Caucus, stated that he and his members put in countless hours of work to kill the amendment.

“When Americans know they or their families are going to be targeted by or not supported by the military, that leads them to avoid signing up to serve or staying in the service — making it harder to keep the ranks of the armed services full and our nation safe. My colleagues in the Equality Caucus and I will continue working to prevent these attacks on our servicemembers and their families from becoming law,” Takano said.

According to the Congressional Equality Caucus, two other bills could potentially be passed that would also target the transgender community, both of which were proposed by U.S. Rep. Nancy Mace (R-S.C.).

The first was a bill that would have prohibited gender-related medical care under TRICARE and to prevent TRICARE from covering certain gender-related medical procedures and treatments, which was approved in a vote of 219-208.

The second was a bill that would have prohibited male participation in female sports at DoDEA schools. DoDEA schools are Department of Defense Dependents Schools, which is a network of primary and secondary schools.

The amendment was approved in a vote of 221-203. 

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