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In first, Senate confirms out fed’l appeals judge

Hughes confirmed unanimously to U.S. Court of Appeals for the Federal Circuit

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Todd Hughes, gay news, Washington Blade
Todd Hughes, gay news, Washington Blade

Todd Hughes is the first openly gay man confirmed to a federal appeals court (Screen shot via judiciary.senate.gov).

The U.S. Senate made history on Tuesday with little fanfare when it unanimously confirmed for the first-time ever an openly gay person to a federal appellate court.

By a vote of 98-0, the Senate confirmed Todd Hughes as a circuit judge for the U.S. Court of Appeals for the Federal Circuit, making him the highest-ranking openly gay judge.

In the half-hour of debate prior to his confirmation, senators focused on the budget and imminent government shutdown, although the significance of the Hughes confirmation did come up on the Senate floor.

Sen. Patrick Leahy (D-Vt.), chair of the Senate Judiciary Committee, said the confirmation of Hughes is “an important milestone.”

“If confirmed, Mr. Hughes would be the first openly gay judge to serve on a federal appellate court in our nation’s history,” Leahy said. “I’m proud the Senate has finally taken an historic step to break down another barrier and increase diversity in our federal bench.”

Conservatives like Charles Grassley (R-Iowa), Marco Rubio (R-Fla.), James Inhofe (R-Okla.), Mike Lee (R-Utah) and Lindsey Graham (R-S.C.) joined Democrats like Debbie Stabenow (D-Mich.), Jeff Merkley (D-Ore.) and Barbara Mikulski (D-Md.) in voting for the nominee.

The U.S. Court of Appeals for the Federal Circuit is located in D.C. and has jurisdiction over issues such as federal claims, veterans claims and patent issues.

Under President Obama, the Senate has confirmed seven openly gay judicial nominees, but never before — either under Obama or under a previous administration — has the Senate confirmed an openly gay person to an appellate-level court.

During his confirmation hearing on June 19, Hughes identified “fidelity to the law” as a quality a federal judge should have.

“The first and foremost quality a federal judge should have is fidelity to the law,” Hughes said. “He should be fair to all the litigants. He should be thoroughly prepared, understand the facts of the case, the law and come to a reasoned and equitable decision.”

Hughes has most recently served since 2007 as deputy director for the Commercial Litigation Branch of the Civil Division at the Justice Department. Prior to that, he worked for the Commercial Litigation Branch as a trial attorney.

Obama nominated Hughes for the seat on the appeals court in February and the Senate Judiciary Committee reported out his nomination to the Senate floor in July.

Hughes’ practice has been related to federal personnel law, veterans’ benefits, international trade, government contracts and jurisdictional issues regarding the U.S. Court of Federal Claims.

Advocates welcomed the news of Hughes’ confirmation and called it a milestone for the LGBT community.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said Hughes’ confirmation is significant both in terms of the barrier it breaks and the judge’s record.

“Judge Hughes is an eminently qualified nominee who also happens to shatter a barrier as the first openly gay federal appellate court judge,” Cole-Schwartz said. “It’s a testament to how far we have come as a country that his sexual orientation is irrelevant to his ability to serve on our nation’s courts.”

D’Arcy Kemnitz, executive director of the LGBT Bar Association, said the confirmation is “an important milestone for the LGBT legal profession.”

“It also shows that Congress, and the country, want the best person for the job, regardless of sexual orientation,” Kemnitz said. “Our federal judiciary is a better one when it reflects the diversity of the nation it serves. We commend President Obama for his nomination of Hughes, and the Senate for confirming that nomination.”

The American Bar Association’s Standing Committee on the Federal Judiciary gave Hughes a rating of “unanimously well qualified” during his confirmation process.

Obama made an attempt before to seat an openly gay person to a federal appeals court, but it didn’t succeed. In 2010, Obama nominated Edward Dumont to the U.S. Court of Appeals for the Federal Circuit, but that nomination was rescinded after no action was taken on the appointment for 18 months and DuMont requested his name be withdrawn.

Now that the Senate has confirmed Hughes, a total of 50 judicial nominees nominated by Obama remain pending before the Senate awaiting action. Thirteen are pending on the Senate floor and 37 are pending in committee.

Among the 37 is William Thomas, whom Obama first nominated for a seat on the U.S. District Court for the Southern District of Florida nearly a year ago in November. If confirmed, Thomas would be the first openly gay black person to sit on the federal bench.

Sen. Marco Rubio (R-Fla.), who had previously supported the Thomas confirmation, has been holding up the proceedings for the nominee by refusing to return a “blue slip” to the Senate Judiciary Committee.

The Washington Blade has previously reported that Rubio was holding up the confirmation process for Thomas by refusing to turn in the “blue slip” for the nominee.

Brooke Sammon, a Rubio spokesperson, told the Blade and other media outlets this week Thomas’s record as a judge on state court “raises serious concerns about his fitness” for a lifetime federal appointment.

“Those concerns include questions about his judicial temperament and his willingness to impose appropriate criminal sentences, particularly in the two high-profile cases of Michele Traverso and Joel Lebron earlier this year,” Sammon said. “After reviewing Thomas’s record, Senator Rubio cannot support moving forward with the nomination at this time.”

With respect to the Traverso case, Nushin Sayfie, administrative judge for the criminal division of the Eleventh Judicial Circuit in Florida, wrote a letter to Rubio over the summer saying the sentence Thomas gave was within his guideline range, as the Washington Blade previously reported.

The White House didn’t respond to a request to comment on whether Obama would rescind his nomination of Thomas over Rubio’s objections.

Other openly gay nominees pending before the Senate are James “Wally” Brewster, Jr., who was nominated as U.S. ambassador to the Dominican Republic, and Chai Feldblum, who was nominated for a second term for a seat on the U.S. Equal Employment Opportunity Commission.

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2026 Midterm Elections

Markey’s primary win deemed success for LGBTQ activists

Mass. lawmaker champions transgender rights

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U.S. Sen. Ed Markey speaks outside of the U.S. Supreme Court on Jan. 13, 2026. (Washington Blade photo by Michael Key)

U.S. Sen. Ed Markey (D-Mass.) clinched the Democratic seat for his reelection campaign in Massachusetts’s primary election on Tuesday.

Markey won the deep-blue state with 64.8 percent of the vote, according to NBC News, triumphing over Marine Corps combat veteran and Congressman Seth Moulton, who received 35.2 percent of the vote.

Massachusetts’s primary election, which determined which Democratic candidate will head to the polls to face off against the Republican challenger in November, is being considered a victory for LGBTQ-inclusive policy, as well as for a divisive pro-transgender rights candidate — both things Markey has become an outspoken champion of.

Markey has experience at multiple levels of government, from the state level, where he served three terms in the state House of Representatives, to his federal tenure, including 20 terms in the U.S. House of Representatives and is now serving his second term as a senator. He has become a fixture of a changing Democratic Party in one of the most consistently blue places in the U.S.

This primary — and much of the national discussion surrounding the Senate seat — focused a lot of campaigning power on fighting the growing sentiment, led mostly by Republicans, that the frustration many Americans feel lends itself to an anti-establishment and anti-incumbent attitude.

Markey ran his campaign using his past as a reflection of his commitment to constantly putting his best foot forward for Bay Staters — particularly with apprehension for issues younger and more progressive democrats have been righting for — including Green New Deal and “Medicare for All” while Moulton — who was also elected to federal office prior to this run — campaigned on being younger than Markey, arguing that he was not the same type of established politician.

Moulton also faced backlash for negative comments about trans athletes, sparking criticism for those who did want younger candidate but want for trans rights to be protected.

Markey’s track record of supporting the LGBTQ community is one of the most clear in federal politics, one that has garnered a “100 percent lifetime voting record” on the Human Rights Campaign’s PAC politician review scorecard.

That list of Markey’s actions includes being a cosponsor of the Equality Act, driving landmark legislation to ensure federal protections for LGBTQ Americans, and being one of the most vocal proponents for trans rights in the federal government — specifically in multiple appropriations bills and in the National Defense Authorization Act. He was also the lead sponsor of the Transgender Health Care Access Act and the Transgender Bill of Rights resolution.

Markey first introduced the Transgender Bill of Rights in the Senate in 2023, where it ultimately failed to be brought to law. He reintroduced the legislation this year once again. This was a direct response to the attitude pushed by many conservatives after 2021, when the push to minimize trans rights started to become a key part of their cause and has been constantly propped up by the Trump-Vance administration.

“Massachusetts needs a senator who stands up and fights back, a senator who never forgets who they are fighting for,” Markey said during his victory speech. “That has been the mission of my life, and it always will be.”

Following the calling of the primary, a slew of LGBTQ organizations rallied behind Markey, many pushing his past as an asset that puts his money where his mouth is through advocating for legislation specifically protecting the LGBTQ community.

Tyler Hack, the executive director of the Christopher Street Project, an organization dedicated to pushing for legal protections for trans americans, released a statement following Markey’s win. Hack argued that putting forward such a staunchly pro-trans candidate is a win for the community, especially after endorsing him earlier this year.

“Tonight, anti-trans politics lost. Massachusetts rejected the idea that attacking transgender people is a shortcut to political power. Voters chose a different path: one where equality is not negotiable, cruelty is not courage, and transgender people do not have to disappear for Democrats to succeed.”

The Human Rights Campaign also endorsed him as a candidate earlier this year and issued a statement via its president, Kelley Robinson.

“Ed Markey has spent decades fighting for LGBTQ+ equality, for working people, and for a more livable world,” Robinson said. “He knows why equality matters. He’s stood with us no matter what. We were proud to endorse him this year, and when a pro-equality majority takes back the Senate this fall, we will continue to count on him as a champion for our community.”

Markey is running for reelection against Republican John Deaton in November, where he is expected to win.

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Bulgaria

Top Bulgarian court rules government must legally recognize trans people

Decision caps off decade-long legal fight

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(Photo by Milcho Milev/Bigstock)

Bulgaria’s top court has ruled the country’s government must allow transgender people to legally change their name and gender on ID documents.

A trans woman from Bulgaria who moved to Italy, had tried to change her gender and name on her Bulgarian ID documents, but courts in the country denied her requests for nearly a decade.

The Bulgarian Supreme Court of Cassation in a 2023 ruling essentially banned trans people from legally changing their name and gender on ID documents.

The EU Court of Justice in Luxembourg, which is the European Union’s highest court, in March ruled in the “Shipova” case that member states must allow trans people to legally change their name and gender on ID documents. The lead plaintiff in the “Shipova” case is among the four litigants in the Bulgarian Supreme Court of Cassation case.

Two Bulgarian advocacy groups — Bilitis and Deystvie — along with TGEU – Trans Europe and Central Asia and ILGA-Europe in a joint statement they issued on Tuesday noted the Bulgarian Supreme Court of Cassation’s July 22 decision “aligns Bulgarian practice with the Court of Justice of the EU, enabling changes to gender markers, names, and personal identification numbers.”

“The judges also concluded that EU law requires Bulgaria to establish a legal procedure for legal gender recognition, which is necessary so that Bulgarian trans citizens can travel and reside freely inside the EU,” they added.

Bulgaria has been a member of the EU since 2007.

The country borders Romania, Serbia, North Macedonia, Greece, and Turkey.

“We are very glad to see that the judges of the Supreme Court clearly stated that it is actually a matter of rule of law for Bulgaria to respect the universal equality and the dignity of all human beings, including trans people for whom human rights-based legal gender recognition procedures are an indispensable element,” said Denitsa Lyubenova, co-chair of Deystvie who represented the four plaintiffs in the Bulgarian courts and the lead litigant in the “Shipova” case at the EU Court of Justice. “The government needs to act swiftly now to put in place an LGR procedure that is fully in line with European human rights case law, which means without any conditions requiring proof of medical, surgical or hormonal treatment.”

The groups also urged the Bulgarian government to codify the ruling into law.

“While lower courts are expected to follow this ruling directly, a court decision is not a substitute for law,” they said. “Bulgaria still needs a fast, transparent, and accessible legal gender recognition procedure written into legislation, not left to case-by-case court precedent. TGEU – Trans Europe and Central Asia, BilitisDeystvie, and ILGA-Europe call on the Bulgarian government to start that legislative process now, with meaningful involvement from civil society.”

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National

Lou Chibbaro Jr. documentary wins award from NLGJA

‘Lou’s Legacy’ produced by D.C.’s Mattachine Society

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“Lou’s Legacy: a Reporter’s Life at the Washington Blade,” a documentary produced by The Mattachine Society of Washington, D.C., will receive an Excellence in Journalism Award from NLGJA, the Association of LGBTQ+ Journalists. 

The film premiered on WETA PBS in D.C. and Maryland Public Television (MPT) in June of 2025. The documentary’s Emmy-nominated director and producer Patrick Sammon will accept the award for Excellence in Local Television on Sept. 11 at NLGJA’s National Convention in San Francisco. 

“Lou’s Legacy” was produced in association with the Mattachine Society of Washington, D.C., a non-profit LGBTQ history society dedicated to conducting original archival research. Aside from Sammon, the NLGJA is recognizing other members of the film’s production team including Producer Julianne Donofrio, Editor Amir Jaffer, Executive Producer Charles Francis, and Executive Producer Pate Felts.  

“Lou’s Legacy” tells the story of two D.C. icons — legendary Washington Blade reporter Lou Chibbaro Jr. and beloved drag performer Donnell Robinson, known to generations of Washington audiences as “Ella Fitzgerald.” Through Lou’s nearly five-decade career at the Blade and Ella’s return to the stage after a three-year hiatus following COVID, the 29-minute documentary explores the history of Washington’s LGBTQ community and today’s rising backlash against LGBTQ rights, including laws targeting drag performers. 

“All students of journalism can learn a lot from the story of Lou Chibbaro, Jr. Lou has chronicled nearly five decades of LGBTQ+ life and the community’s struggle for equality in Washington, D.C. Lou’s work and the role of the queer press has been essential in covering stories the mainstream media would often ignore or erase,” said Ryan Levi, president of the D.C. chapter of the NLGJA.  

“We are thrilled to receive this award from the NLGJA,” said the film’s director Patrick Sammon. “Lou Chibbaro’s nearly five decade career at the Washington Blade demonstrates the essential role LGBTQ journalism plays in telling our community’s stories and documenting its history. This recognition from journalists who follow in Lou’s footsteps is particularly meaningful to me and the rest of our production team.”

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