National
Quinn loses historic bid for NYC mayor
Lesbian City Council speaker finishes third; de Blasio wins
New York City Council Speaker Christine Quinn lost her bid to become New York’s first openly gay and first female mayor on Tuesday, finishing third in a bruising Democratic primary in which she was assailed on issues unrelated to her sexual orientation.
With pro-LGBT candidate Bill de Blasio, who holds the city’s elected post of Public Advocate, holding a commanding lead in the final weeks of the campaign, Quinn struggled to come in second.
A second place finish could have placed her in an Oct. 1 runoff election against de Blasio if de Blasio failed to reach a 40 percent threshold needed to win the Democratic nomination outright.
But with 98 percent of the voter precincts counted shortly after 1 a.m. Wednesday, Quinn was in third place with 15.5 percent of the vote, trailing former city comptroller William Thompson, who had 26 percent of the vote.
De Blasio had 40.2 percent. However city election board officials said it could take a week before they count absentee and challenged ballots to determine whether de Blasio’s vote count remains at 40 percent or higher.
“I want to congratulate my opponents Bill Thompson and Bill de Blasio on a hard-earned victory,” Politicker.com blog quoted Quinn as saying at her election night gathering at a hotel in Chelsea.
“This was a hard-fought race, we took a lot of knocks, we were up against a lot of odds, but I’m proud of the race we all ran,” Politicker quoted her as saying. “There’s a young girl out there who was inspired by the thought of New York’s first woman mayor and said to herself, ‘You know what? I can do that.’”
The New York Times reported that an exit poll showed LGBT voters comprised 9 percent of the Democratic primary electorate on Tuesday. According to the Times, the exit poll showed de Blasio beating Quinn among LGBT voters by a margin of 47 percent to 34 percent. Thompson received 9 percent of the LGBT vote, former New York Congressman Anthony Weiner received 4 percent, and city comptroller John Liu received 3 percent of the LGBT vote, the exit poll showed.
Many political observers view Quinn’s third-place finish as an astonishing turn of events following her status as the frontrunner in the nine-candidate race during the first several months of the campaign. At one point Quinn approached the 40 percent mark in public opinion polls, placing her far ahead of de Blasio both in potential votes and in money raised.
Kenneth Sherrill, a political science professor emeritus at New York’s Hunter College, said a number of factors contributed to Quinn’s stunning decline in the polls and de Blasio’s dramatic rise. Among them, he said, were Quinn and her campaign advisers’ failure to recognize early on the intensity of voter animus toward incumbent Mayor Michael Bloomberg, with whom Quinn was perceived as a strong ally.
Sherrill said the negative impact of Quinn’s perceived association with Bloomberg was compounded by her decision to wage a campaign geared more for a general election than a Democratic primary.
“In the general election you have to appeal to the broader centrist voters,” he said. “In a primary, the best strategy is to appeal to the most ideological and activist voters.”
According to Sherrill, de Blasio skillfully took the latter approach, positioning himself as a progressive champion of New Yorkers struggling to retain their hold on the middle class. He said de Blasio capitalized on Bloomberg’s unpopularity and succeeded in defining Quinn as a Bloomberg crony, stressing Quinn’s key role in 2009 in backing a change in the city charter that allowed Bloomberg to run for a third term.
Sherrill and other political observers say Quinn’s campaign was also hurt badly by an independent expenditure organization formed by labor and animal rights activists called “Anybody But Quinn.” Among other things, the group produced attack ads denouncing Quinn for not supporting legislation to ban horse drawn carriages in New York’s Central Park.
Although Quinn sought to distance herself from some of Bloomberg’s positions, especially the mayor’s support for a “stop and frisk” policy initiated by the city’s police commissioner, which civil rights groups said targeted minority communities, her reluctance to more aggressively oppose the policy subjected her to strong criticism by de Blasio and some of the other candidates.
Sherrill said the litany of problems Quinn encountered in her campaign had “absolutely nothing” to do with her sexual orientation.
“It didn’t matter one bit,” he said of Quinn’s status as an out lesbian. “What mattered was her proximity to the mayor.”
Quinn won the endorsement of the city’s three major daily newspapers – the New York Times, Daily News, and New York Post. She also received the endorsement of Gay City News, the city’s LGBT newspaper, along with endorsements from most of the city’s prominent LGBT leaders.
The national LGBT groups Human Rights Campaign and Gay and Lesbian Victory Fund contributed thousands of dollars to her campaign and dispatched volunteers and field organizers to help in locations throughout the city.
Victory Fund President and CEO Chuck Wolfe issued a statement Tuesday night noting that eight of its 10 endorsed candidates in New York races, including City Council candidates, won their races in the New York primary.
“As you know by now, Council Speaker Christine Quinn was not successful in her bid for the Democratic nomination for mayor,” Wolfe said. “There’s no sugar-coating what an emotional loss this is for her, her many supporters and all of us here at the Victory Fund,” he said.
“I’ve known Chris for a long time,” he added. “She has been a remarkably effective and passionate advocate for LGBT equality and, most importantly, for everyone who calls New York City home.”
Political observers said the LGBT vote appeared to be divided, with many activists supporting de Blasio over Quinn.
Sherrill said that while de Blasio and Quinn emerged as rivals in a heated political campaign both made great strides to normalize what have been viewed as non-traditional families. He noted that de Blasio, who is white, put his black wife and bi-racial son and daughter in the forefront of his campaign.
“Quinn and her wife were around all the time,” Sherrill said. “She talked about her wife. She talked about her in-laws.”
Added Sherrill, “This was a campaign in which families that never were talked about before were being portrayed as normal, everyday, wholesome, all-American real New Yorkers. And it’s not causing a stir. It’s an amazing breakthrough.”
Finishing behind Quinn in the New York primary on Tuesday were New York City Comptroller John Liu, who received 7 percent of the vote and former U.S. Rep. Anthony Weiner (D-N.Y.), who received 4.9 percent. Four other lesser known candidates received less than 4 percent each.
Joseph J. Lhota, a top aide to GOP former New York Mayor Rudolph Giuliani, won the Republican nomination in Tuesday’s primary. Although Democrats outnumber Republicans in New York City by a 6 to 1 margin, no Democrat has won the city’s mayoralty since 1989 when Democrat David Dinkins became the city’s first black mayor.
Four years later, Dinkins lost big to Giuliani, and Giuliani and Republican-turned-independent Bloomberg have dominated the general elections for mayor ever since that time.
Now, Lhota, who supports same-sex marriage, is viewed as progressive on social issues while, like Bloomberg, he is a strong ally to New York’s business interests. With de Blasio being perceived by many in the business sector as anti-business, some political observers think Lhota has a shot at winning in the November general election.
U.S. Supreme Court
Trans rights supporters, opponents rally outside Supreme Court as justices consider Tenn. law
Oral arguments in U.S. v. Skrmetti case took place Wednesday
At least 1,000 people rallied outside the U.S. Supreme Court on Wednesday as the justices considered whether a Tennessee law banning gender-affirming medical care for transgender youth is unconstitutional.
Dueling rallies began early in the morning, with protesters supporting trans rights and protesters supporting Tennessee’s ban on gender-affirming care each stationed with podiums on opposite sides.
Trans rights protesters, who significantly outnumbered the other group, held signs reading “Keep hate out of healthcare,” and “Respect family medical decisions.” On the other side, protesters carried signs with messages like “Sex change is fantasy,” and “Stop transing gay kids.”
Ari, a trans person who grew up in Nashville and now lives in D.C., spoke to the Washington Blade about the negative effects of the Tennessee law on the well-being of trans youth.
“I grew up with kids who died because of a lack of trans healthcare, and I am scared of that getting worse,” they said. “All that this bill brings is more dead kids.”
The Tennessee law that is being challenged in U.S. v Skrmetti took effect in 2023 and bans medical providers from prescribing medical treatments such as puberty blockers and hormone therapies to trans youth.
A number of Democratic lawmakers, including U.S. Rep. Mark Takano (D-Calif.), co-chair of the Congressional Equality Caucus, and U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.) addressed the crowd in support of trans rights.
In his speech, Merkley said Americans deserved freedom in accessing gender affirming care and criticized the law as political intervention in private medical decisions.
“Americans should have the freedom to make medical decisions in the privacy of their doctor’s office without politicians trying to dictate to them,” he said.
Robert Garofalo, a chief doctor in the division of Adolescent and Young Adult Medicine at a Chicago children’s hospital, emphasized the importance of trans youth having access to gender affirming care.
“We [providers] are seeing patients and families every day, present with crippling fears, added stress and anxiety as they desperately try to locate care where it remains legal to do so,” Garofalo, who is also a professor of pediatrics at Northwestern University, told the crowd. “Transgender children and adolescents deserve health care that is grounded in compassion, science and principles of public health and human rights. They must not be denied life saving medical care — their lives depend on it.”
Major U.S. medical associations, including the American Medical Association and the American Academy of Pediatrics, support gender affirming care.
Research has found gender affirming care improves the mental health and overall well-being of gender diverse children and adolescents. Those who are denied access to gender affirming care are at increased risk for significant mental health challenges.
An unlikely coalition came out to support Tennessee’s ban on gender affirming care. Far-right figures, such as U.S. Rep. Marjorie Taylor Greene (R-Ga.) and Matt Walsh — both of whom have a history of making homophobic statements — were joined by groups such as the LGBT Courage Coalition and Gays Against Groomers.
The groups questioned the quality of the research finding gender-affirming care to have a positive effect on the well-being of trans and gender nonconforming youth and argued that minors cannot consent to medical treatment. Ben Appel, a co-founder of the LGBT Courage Coalition, which he notes was “co-founded by gay, lesbian, bisexual, and trans adults who oppose pediatric gender medicine, which we know to be non-evidence-based and harmful to young gay people,” said gender nonconformity is often part of the lesbian, gay, and bisexual experience and should not be “medicalized.”
“I care about the adult gay detransitioners who have been harmed … by these homophobic practice,” he said “They should have just been told they’re gay.”
Claire, a Maryland resident who attended the rally in favor of the Tennessee law and claims to have detransitioned, described being prescribed testosterone and having a mastectomy at 14, medical treatments she says she was unable to consent to at that age. She doesn’t oppose gender affirming care for adults but is opposed to “medical experimentation on children.”
“I think that adults should be allowed to do whatever they want with their bodies. I think that it is if someone is happy with the decision that they made that’s great,” she said. “I was not able to make that decision. I was a child.”
But trans activists fear that a ruling in favor of Tennessee could pave the way for states to restrict access to gender-affirming care for adults.
“There’s also broader implications for civil rights and trans rights, more broadly, for adults in the future. There are some states that have tried to ban some healthcare for adults — they haven’t yet — but I think that’s something we might also see if the Supreme Court rules that way,” Ethan Rice, a senior attorney at Lambda Legal, one of the legal organizations representing the plaintiffs in U.S. v Skrmetti, said.
In the case, three Tennessee families and a physician are challenging the Tennessee law on the grounds that it violates the Equal Protection Clause in the 14th Amendment by drawing lines based on sex and discriminating against trans people. The statute bans medications for trans children while allowing the same medications to be used when treating minors suffering from other conditions, such as early-onset puberty.
A 2020 Supreme Court decision determined sex-based discrimination includes discrimination based on gender identity or sexual orientation. The key question in U.S. v. Skrmetti is whether this interpretation applies under the Equal Protection Clause.
“We really hope that the Supreme Court recognizes their own precedent on sex discrimination cases and comes out the right way, saying this is sex discrimination by the state of Tennessee and thus is unconstitutional,” Rice said.
Twenty-six states currently have laws or policies restricting minors’ access to gender-affirming care. If the court rules against Tennessee, similar bans in other states would also be unconstitutional, granting trans youth greater access to gender affirming care nationwide.
Edith Guffey, the board chair at PFLAG, expressed doubt the court will strike down the law, citing its sharp ideological turn to the right in recent years. But she said she remains hopeful.
“I hope that the court will … step outside agendas and look at the needs of people and who has the right to say what’s good for their children,” she said.
Chase Strangio, an ACLU attorney representing the families, on Wednesday became the first openly trans lawyer to argue before the Supreme Court. He addressed the trans rights protesters after the hearing.
“Whatever happens, we are the defiance,” Strangio said. “We are collectively a refutation of everything they say about us. And our fight for justice did not begin today, it will not end in June — whatever the court decides.”
U.S. Supreme Court
Supreme Court hears oral arguments in pivotal gender affirming care case
U.S. v. Skrmetti could have far-reaching impacts
The U.S. Supreme Court heard oral arguments in U.S. v. Skrmetti on Wednesday, the case brought by the Biden-Harris administration’s Department of Justice to challenge Tennessee’s ban on gender affirming care for minors.
At issue is whether the law, which proscribes medical, surgical, and pharmacological interventions for purposes of gender transition, abridges the right to due process and equal protection under the 14th Amendment to the U.S. Constitution, as well as Section 1557 of the Affordable Care Act, which prohibits sex-based discrimination.
The petitioners — U.S. Solicitor General Elizabeth Prelogar, who represents the federal government, and Chase Strangio, co-director of the ACLU’s LGBT & HIV Project — argue the Supreme Court should apply heightened scrutiny to laws whose application is based on transgender status rather than the rational basis test that was used by the U.S. Court of Appeals for the 6th Circuit, which is more deferential to decisions by legislators.
Legal experts agree the conservative justices are unlikely to be persuaded even though, as Tennessee Solicitor General J. Matthew Rice made clear on Wednesday, under the state’s statute “If a boy wants puberty blockers, the answer is yes, if you have precocious puberty; no, if you’re doing this to transition. If a girl wants puberty blockers, the answer is yes, if you have precocious puberty; no, if you’re doing this to transition.”
Oral arguments delved into a range of related topics, beginning with conservative Justice Samuel Alito’s questions about debates within the global scientific and medical communities about the necessity of these interventions for youth experiencing gender dysphoria and the risks and benefits associated with each treatment.
“Isn’t the purpose of intermediate scrutiny to make sure that we guard against — I’m not intending to insult — but we all have instinctual reactions, whether it’s parents or doctors or legislatures, to things that are wrong or right,” said liberal Justice Sonia Sotomayor.
“For decades, women couldn’t hold licenses as butchers or as lawyers because legislatures thought that we weren’t strong enough to pursue those occupations,” she said. “And some, some people rightly believe that gender dysphoria may cause may be changed by some children, in some children, but the evidence is very clear that there are some children who actually need this treatment. Isn’t there?”
After Prelogar answered in the affirmative, Sotomayor continued, “Some children suffer incredibly with gender dysphoria, don’t they? Some attempt suicide. Drug addiction is very high among some of these children because of their distress. One of the petitioners in this case described going almost mute because of their inability to speak in a voice that they could live with.”
Conservative Justice Brett Kavanaugh focused his initial questions on whether the democratic process should adjudicate questions of science and policy, asserting that both sides have presented compelling arguments for their respective positions.
There are solutions that would allow policymakers to mitigate concerns with gender affirming medical interventions for minor youth without abridging the Equal Protection clause and Section 1557 of the ACA, Prelogar said.
For instance, “West Virginia was thinking about a total ban, like this one, on care for minors,” she said, “but then the Senate Majority Leader in West Virginia, who’s a doctor, looked at the underlying studies that demonstrate sharply reduced associations with suicidal ideation and suicide attempts, and the West Virginia Legislature changed course and imposed a set of guardrails that are far more precisely tailored to concerns surrounding the delivery of this care.”
She continued, “West Virginia requires that two different doctors diagnose the gender dysphoria and find that it’s severe and that the treatment is medically necessary to guard against the risk of self harm. The West Virginia law also requires mental health screening to try to rule out confounding diagnoses. It requires the parents to agree and the primary care physician to agree. And I think a law like that is going to fare much better under heightened scrutiny precisely because it would be tailored to the precise interests and not serve a more sweeping interest.”
Later, in an exchange with Rice, Sotoyamor said, “I thought that that’s why we had intermediate scrutiny when there are differences based on sex, to ensure that states were not acting on the basis of prejudice.”
She then asked whether a hypothetical law mirroring Tennessee’s that covered adults as well as minor youth would pass the rational basis test. Rice responded, “that just means it’s left to the democratic process, and that democracy is the best check on potentially misguided laws.”
“Well, Your Honor, of course, our position is there is no sex based classification. But to finish the answer, that to the extent that along with dealing with adults, would pass rational basis review, that just means it’s left to the democratic process, and that democracy is the best check on potentially misguided laws.”
“When you’re one percent of the population or less,” said Sotomayor, “it’s very hard to see how the democratic process is going to protect you. Blacks were a much larger percentage of the population and it didn’t protect them. It didn’t protect women for whole centuries.”
National
LGBTQ asylum seekers, migrants brace for second Trump administration
Incoming president has promised ‘mass deportations’
Advocacy groups in the wake of President-elect Donald Trump’s election fear his administration’s proposed immigration policies will place LGBTQ migrants and asylum seekers at increased risk.
“What we are expecting again is that the new administration will continue weaponizing the immigration system to keep igniting resentment,” Abdiel Echevarría-Cabán, an immigration lawyer who is based in Texas’s Rio Grande Valley, told the Washington Blade.
Trump during the campaign pledged a “mass deportation” of undocumented immigrants.
The president-elect in 2019 implemented the Migrant Protection Protocols program — known as the “Remain in Mexico” policy — that forced asylum seekers to pursue their cases in Mexico.
Advocates sharply criticized MPP, in part, because it made LGBTQ asylum seekers who were forced to live in Tijuana, Ciudad Juárez, Matamoros, and other Mexican border cities even more vulnerable to violence and persecution based on their gender identity and sexual orientation.
The State Department currently advises American citizens not to travel to Tamaulipas state in which Matamoros is located because of “crime and kidnapping.” The State Department also urges American citizens to “reconsider travel” to Baja California and Chihuahua states in which Tijuana and Ciudad Juárez are located respectively because of “crime and kidnapping.”
The Biden-Harris administration ended MPP in 2021.
The Centers for Disease Control and Prevention in March 2020 implemented Title 42, which closed the Southern border to most asylum seekers and migrants because of the COVID-19 pandemic. The policy ended in May 2023.
Robert Contreras, president of Bienestar Human Services, a Los Angeles-based organization that works with Latino and LGBTQ communities, in a statement to the Blade noted Project 2025, which “outlines the incoming administration’s agenda, proposes extensive rollbacks of rights and protections for LGBTQ+ individuals.”
“This includes dismantling anti-discrimination protections, restricting access to gender-affirming healthcare, and increasing immigration enforcement,” said Contreras.
Trans woman in Tijuana nervously awaits response to asylum application
A Biden-Harris administration policy that took place in May 2023 says “noncitizens who cross the Southwest land border or adjacent coastal borders without authorization after traveling through another country, and without having (1) availed themselves of an existing lawful process, (2) presented at a port of entry at a pre-scheduled time using the CBP (U.S. Customs and Border Protection) One app, or (3) been denied asylum in a third country through which they traveled, are presumed ineligible for asylum unless they meet certain limited exceptions.” The exceptions under the regulation include:
- They were provided authorization to travel to the United States pursuant to a DHS-approved parole process;
- They used the CBP One app to schedule a time and place to present at a port of entry, or they presented at a port of entry without using the CBP One app and established that it was not possible to access or use the CBP One app due to a language barrier, illiteracy, significant technical failure, or other ongoing and serious obstacle; or
- They applied for and were denied asylum in a third country en route to the United States.
Biden in June issued an executive order that prohibits migrants from asking for asylum in the U.S. if they “unlawfully” cross the Southern border.
The Organization for Refuge, Asylum and Migration works with LGBTQ migrants and asylum seekers in Tijuana, Mexicali and other Mexican border cities.
ORAM Executive Director Steve Roth is among those who criticized Biden’s executive order. Roth told the Blade the incoming administration’s proposed policies would “leave vulnerable transgender people, gay men, lesbians, and others fleeing life-threatening violence and persecution with little to no opportunity to seek asylum in the U.S. stripped of safe pathways.”
“Many will find themselves stranded in dangerous regions like the Mexico-U.S. border and transit countries around the world where their safety and well-being will be further jeopardized by violence, exploitation, and a lack of support,” he said.
Jennicet Gutiérrez, co-executive director of Familia: TQLM, an organization that advocates on behalf of transgender and gender non-conforming immigrants, noted to the Blade a trans woman who has asked for asylum in the U.S. “has been patiently waiting in Tijuana” for more than six months “for her CBP One application response.”
“Now she feels uncertain if she will ever get the chance to cross to the United States,” said Gutiérrez.
She added Trump’s election “is going to be devastating for LGBTQ+ asylum seekers.”
“Transgender migrants are concerned about the future of their cases,” said Gutiérrez. “The upcoming administration is not going to prioritize or protect our communities. Instead, they will prioritize mass deportations and incarceration.”
TransLatin@ Coalition President Bamby Salcedo echoed Gutiérrez.
“Trans people who are immigrants are getting the double whammy with the new administration,” Salcedo told the Blade. “As it is, trans people have been political targets throughout this election. Now, with the specific target against immigrants, trans immigrants will be greatly impacted.”
‘We’re ready to keep fighting’
Trans Queer Pueblo is a Phoenix-based organization that provides health care and other services to undocumented LGBTQ immigrants and migrants of color. The group, among other things, also advocates on behalf of those who are in U.S. Immigration and Customs Enforcement detention centers.
“We refuse to wait for politicians to change systems that were designed to hurt us,” Trans Queer Pueblo told the Blade in a statement. “The elections saw both political parties using our trans and migrant identities as political pawns.”
Trans Queer Pueblo acknowledged concerns over the incoming administration’s immigration policies. It added, however, Arizona’s Proposition 314 is “our biggest battle.”
Arizona voters last month approved Proposition 314, which is also known as the Secure the Border Act.
Trans Queer Pueblo notes it “makes it a crime for undocumented people to exist anywhere, with arrests possible anywhere, including schools and hospitals.” The group pointed out Proposition 314 also applies to asylum seekers.
“We are building a future where LGBTQ+ migrants of color can live free, healthy, and secure, deciding our own destiny without fear,” Trans Queer Pueblo told the Blade. “This new administration will not change our mission — we’re ready to keep fighting.”
Contreras stressed Bienestar “remains committed to advocate for the rights and safety of all migrants and asylum seekers.” Gutiérrez added it is “crucial for LGBTQ+ migrants to know that they are not alone.”
“We will continue to organize and mobilize,” she said. “We must resist unjust treatments and laws.”