Politics
Why is Rubio blocking a gay black judicial nominee?
Fla. senator continues 10-month delay on official he once supported


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).
Sen. Marco Rubio (R-Fla.) is being criticized for his continued hold on a gay black judicial nominee pending before the Senate as observers of the confirmation process dismiss his reasons for blocking the confirmation.
Rubio has been withholding the “blue slip” for William Thomas, whom President Obama first nominated for a seat on the U.S. District Court for the Southern District of Florida nearly a year ago. If confirmed, Thomas would be the first openly gay black male to serve on the federal bench.
The Washington Blade reported in July that Rubio was blocking the nomination of Thomas along with Brian Davis, another black judicial nominee who was nominated for a seat on the U.S. District Court for the Middle District of Florida. But after Rubio last week lifted his hold on Davis, the continued obstruction of Thomas gained significant attention after The New York Times reported on the story.
Refusing to turn in the “blue slip” for a nomination — a responsibility for the U.S. senators representing the state where a judicial nominee would serve — effectively blocks the Senate Judiciary Committee from advancing the nomination. Opposing the Thomas nomination is a new position for Rubio, who initially recommended Thomas for the seat following the nominee’s approval by Florida’s Federal Judicial Nominating Commission.
In a statement to the Blade, Brooke Sammon, a Rubio spokesperson, confirmed Rubio opposes the Thomas nomination.
“The nomination of Judge Thomas has also been thoroughly reviewed, and Sen. Rubio has determined that Thomas’s record on the state court raises serious concerns about his fitness for a lifetime federal appointment,” she said. “After reviewing Thomas’s record, Senator Rubio cannot support moving forward with the nomination at this time.
The senator’s office provided a long list of reported actions by Thomas in his role as a state judge in the Miami-Dade Circuit. They involve two cases over which Thomas presided.
One is the case of Michael Traverso, who killed a cyclist in a hit-and-run accident while driving on a suspended license. Rubio’s office cites concerns that Thomas sentenced Traverso to the minimum sentence of 22.8 months in jail, less time served, amounting to only 364 days.
The other involves Joel Lebron, who took part in the 2002 gang rape and murder of 18-year-old Ana Maria Angel. According to Rubio’s office, Thomas twice suppressed confessions of perpetrators of the crime including the confession of Lebron, who pulled the trigger.
Another objection cited by Rubio’s office: Thomas broke down in tears in January while sentencing Lebron to death. His office cites a Miami Herald report, but that article says Thomas wept not for Lebron, but the victim as he was reading the circumstances of the murder.
In both of these rulings, Rubio’s office says an appellate court overturned Judge Thomas in whole or in part. Additionally, Rubio’s office contends a death sentence imposed on another defendant was also reversed because Thomas “improperly” allowed certain testimony.
Rubio has supported gay judicial nominees before. Just this week, Rubio was among the 98 senators who unanimously confirmed Todd Hughes as a U.S. Circuit Judge for the U.S. Court of Appeals for the Federal Circuit.
The reasons that Rubio’s office offered for blocking the nomination are in dispute. As reported by the Blade in July, Nushin Sayfie, administrative judge for the criminal division of the Eleventh Judicial Circuit in Florida, has attempted to allay concerns about the Traverso case.
In a July 19 letter to Rubio, Sayfie writes the sentence Thomas gave in the case was within his guideline range and, unlike what the media reported, the defendant wasn’t charged with the death of the victim, but “charged with leaving the scene of an accident (involving death).”
A similar letter to Rubio asserting that Thomas acted responsibly in the case was written in January by the prosecutor in the case, Jane Anderson.
The Alliance of Justice, which tracks judicial nominations, has also raised points countering Rubio’s objection to the handling of the Lebron case.
Michelle Schwartz, director of justice programs for the Alliance for Justice, said the details of those proceedings were well-known before the Thomas nomination was made.
“The decision in the Lebron case to which Rubio now claims to object occurred six years ago (and Thomas sentenced one of the defendants to death),” Schwartz said. “Remember, Rubio first said he would support Thomas, then changed his mind. If a six-year-old decision was the issue, why did Rubio ever claim to support Thomas in the first place?”
LGBT advocates are also criticizing Rubio for his continued obstruction of the Thomas nomination and say it’s for reasons other than what his office has disclosed.
Nadine Smith, executive director of the statewide LGBT group Equality Florida, accused Rubio in a statement on Wednesday of pandering to Tea Party extremists by sabotaging the nomination of a gay, black judicial nominee.
“Once again, we see Senator Rubio playing politics when it comes to what’s best for Florida,” Smith said. “He is keeping a qualified nominee from the bench to appease extremists.”
John Aravosis, editor of AMERICAblog, accuses Rubio in a blog posting of blocking Thomas over the judicial nominee’s sexual orientation.
“I’m always intrigued when men who come off, to me at least, as rather queer act out against gay people,” Aravosis writes. “It makes me wonder if they’re projecting – or less subtly, using their public homophobia as some kind of private beard to convince their followers (and themselves?) that they’re not really closet cases.”
For its part, the White House is publicly expressing no consideration of withdrawing the nominee.
Shin Inouye, a White House spokesperson, repeated what he told the Blade in July when asked if Obama was rethinking the Thomas nomination.
“President Obama nominated Judge William Thomas more than 10 months ago,” Inouye said. “This judicial vacancy has been declared a ‘judicial emergency,’ and the non-partisan American Bar Association has rated Judge Thomas ‘well-qualified.’ Unfortunately, his nomination continues to be stalled, and the Senate should promptly consider it without further delay.”
Congress
Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage
Roughly 1.8 million LGBTQ Americans rely on Medicaid

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.
To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.
Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.
Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.
In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.
A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.
A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.
Congress
Ritchie Torres says he is unlikely to run for NY governor
One poll showed gay Democratic congressman nearly tied with Kathy Hochul

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”
“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”
Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.
Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.
To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.
A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).
Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”
Congress
House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms
Congressional Equality Caucus sharply criticized move

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.
Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.
The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).
The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”
“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.
They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).
“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”
“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.
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