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Why is Rubio blocking a gay black judicial nominee?

Fla. senator continues 10-month delay on official he once supported

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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).

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.”

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Congress

McBride, other US lawmakers travel to Denmark

Trump’s demand for Greenland’s annexation overshadowed trip

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U.S. Rep. Sarah McBride (D-Del.) is among the U.S. lawmakers who traveled to Denmark over the past weekend. (Washington Blade photo by Michael Key)

Delaware Congresswoman Sarah McBride is among the 11 members of Congress who traveled to Denmark over the past weekend amid President Donald Trump’s continued calls for the U.S. to take control of Greenland.

McBride, the first openly transgender person elected to Congress, traveled to Copenhagen, the Danish capital, with U.S. Sens. Chris Coons (D-Del.), Thom Tillis (R-N.C.), Jeanne Shaheen (D-N.H.), Dick Durbin (D-Ill.), and Lisa Murkowski (R-Alaska) and U.S. Reps. Steny Hoyer (D-Md.), Gregory Meeks (D-N.Y.), Madeleine Dean (D-Pa.), Don Bacon (R-Neb.), and Sarah Jacobs (D-Calif.). The lawmakers met with Danish Prime Minister Mette Frederiksen and Greenlandic MP Pipaluk Lynge, among others.

“I’m grateful to Sen. Coons for his leadership in bringing together a bipartisan, bicameral delegation to reaffirm our support in Congress for our NATO ally, Denmark,” said McBride in a press release that detailed the trip. “Delaware understands that our security and prosperity depend on strong partnerships rooted in mutual respect, sovereignty, and self-determination. At a time of growing global instability, this trip could not be more poignant.”

Greenland is a self-governing territory of Denmark with a population of less than 60,000 people. Trump maintains the U.S. needs to control the mineral-rich island in the Arctic Ocean between Europe and North America because of national security.

The Associated Press notes thousands of people on Saturday in Nuuk, the Greenlandic capital, protested against Trump. British Prime Minister Keir Starmer is among those who have criticized Trump over his suggestion the U.S. would impose tariffs against countries that do not support U.S. annexation of Greenland.  

A poll that Sermitsiaq, a Greenlandic newspaper, and Berlingske, a Danish newspaper, commissioned last January indicates 85 percent do not want Greenland to become part of the U.S. The pro-independence Demokraatit party won parliamentary elections that took place on March 12, 2025.

“At this critical juncture for our countries, our message was clear as members of Congress: we value the U.S.-Denmark partnership, the NATO alliance, and the right of Greenlanders to self-determination,” said McBride on Sunday in a Facebook post that contained pictures of her and her fellow lawmakers meeting with their Danish and Greenlandic counterparts.

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Van Hollen speaks at ‘ICE Out for Good’ protest in D.C.

ICE agent killed Renee Nicole Good in Minneapolis on Jan. 7

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U.S. Sen. Chris Van Hollen (D-Md.) speaks at the 'ICE Out for Good' rally in D.C. (Washington Blade photo by Michael Key)

U.S. Sen. Chris Van Hollen (D-Md.) is among those who spoke at an “ICE Out for Good” protest that took place outside U.S. Customs and Border Protection’s headquarters in D.C. on Tuesday.

The protest took place six days after a U.S. Immigration and Customs Enforcement agent shot and killed Renee Nicole Good, a 37-year-old woman in Minneapolis.

Good left behind her wife and three children.

(Video by Michael K. Lavers)

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Advocates say MTG bill threatens trans youth, families, and doctors

The “Protect Children’s Innocence” Act passed in the House

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20 for her anti-trans legislation. (Washington Blade photo by Michael Key)

Georgia Congresswoman Marjorie Taylor Greene has a long history of targeting the transgender community as part of her political agenda. Now, after announcing her resignation from the U.S. House of Representatives, attempting to take away trans rights may be the last thing she does in her official capacity.

The proposed legislation, dubbed “Protect Children’s Innocence Act” is among the most extreme anti-trans measures to move through Congress. It would put doctors in jail for up to 10 years if they provide gender-affirming care to minors — including prescribing hormone replacement therapy to adolescents or puberty blockers to younger children. The bill also aims to halt gender-affirming surgeries for minors, though those procedures are rare.

Greene herself described the bill on X, saying if passed, “it would make it a Class C felony to trans a child under 18.”

According to KFF, a nonpartisan source for health policy research, polling, and journalism, 27 states have enacted policies limiting youth access to gender-affirming care. Roughly half of all trans youth ages 13–17 live in a state with such restrictions, and 24 states impose professional or legal penalties on health care practitioners who provide that care.

Greene has repeatedly introduced the bill since 2021, the year she entered Congress, but it failed to advance. Now, in exchange for her support for the National Defense Authorization Act, the legislation reached the House floor for the first time.

According to the 19th, U.S. Rep. Sarah McBride (D-Del.), the first trans member of Congress, rebuked Republicans on the Capitol steps Wednesday for advancing anti-trans legislation while allowing Affordable Care Act tax credits to expire — a move expected to raise health care costs for millions of Americans.

“They would rather have us focus in and debate a misunderstood and vulnerable one percent of the population, instead of focusing in on the fact that they are raiding everyone’s health care,” McBride said. “They are obsessed with trans people … they are consumed with this.”

Polling suggests the public largely opposes criminalizing gender-affirming care.

A recent survey by the Human Rights Campaign and Global Strategy Group found that 73 percent of voters in U.S. House battleground districts oppose laws that would jail doctors or parents for providing transition-related care. Additionally, 77 percent oppose forcing trans people off medically recommended medication. Nearly seven in 10 Americans said politicians are not informed enough to make decisions about medical care for trans youth.

The bill passed the House and now heads to the U.S. Senate for further consideration.

According to reporting by Erin Reed of Erin In The Morning, three Democrats — U.S. Reps. Henry Cuellar and Vicente Gonzalez of Texas and Don Davis of North Carolina — crossed party lines to vote in favor of the felony ban, joining 213 Republicans. A total of 207 Democrats voted against the bill, while three lawmakers from both parties abstained.

Advocates and lawmakers warned the bill is dangerous and unprecedented during a multi-organizational press call Tuesday. Leaders from the Human Rights Campaign and the Trevor Project joined U.S. Rep. Becca Balint (D-Vt.), Dr. Kenneth Haller, and parents of trans youth to discuss the potential impact of restrictive policies like Greene’s — particularly in contrast to President Donald Trump’s leniency toward certain criminals, with more than 1,500 pardons issued this year.

“Our MAGA GOP government has pardoned drug traffickers. They’ve pardoned people who tried to overthrow the government on January 6, but now they want to put pediatricians and parents into a jail cell for caring for their kids,” said Human Rights Campaign President Kelley Robinson. “No one asked for Marjorie Taylor Greene or Dan Crenshaw or any politician to be in their doctor’s office, and they should mind their own business.”

Balint, co-chair of the Congressional Equality Caucus, questioned why medical decisions are being made by lawmakers with no clinical expertise.

“Parents and doctors already have to worry about state laws banning care for their kids, and this bill would introduce the risk of federal criminal prosecution,” Balint said. “We’re talking about jail time. We’re talking about locking people up for basic medical care, care that is evidence-based, age-appropriate and life-saving.”

“These are decisions that should be made by doctors and parents and those kids that need this gender-affirming care, not certainly by Marjorie Taylor Greene.”

Haller, an emeritus professor of pediatrics at St. Louis University School of Medicine, described the legislation as rooted in ideology rather than medicine.

“It is not science, it is just blind ideology,” Haller said.

“The doctor tells you that as parents, as well as the doctor themselves, could be convicted of a felony and be sentenced up to 10 years in prison just for pursuing a course of action that will give your child their only chance for a happy and healthy future,” he added. “It is not in the state’s best interests, and certainly not in the interests of us, the citizens of this country, to interfere with medical decisions that people make about their own bodies and their own lives.”

Haller’s sentiment is echoed by doctors across the country.

The American Medical Association, the nation’s largest organization that represents doctors across the country in various parts of medicine has a longstanding support for gender-affirming care.

“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” their website reads.

Rodrigo Heng-Lehtinen, senior vice president of public engagement campaigns at the Trevor Project, agreed.

“In Marjorie Taylor Greene’s bill [it] even goes so far as to criminalize and throw a parent in jail for this,” Heng-Lehtinen said. “Medical decisions should be between patients, families, and their doctors.”

Rachel Gonzalez, a parent of a transgender teen and LGBTQ advocate, said the bill would harm families trying to act in their children’s best interests.

“No politician should be in any doctor’s office or in our living room making private health care decisions — especially not Marjorie Taylor Greene,” Gonzalez said. “My daughter and no trans youth should ever be used as a political pawn.”

Other LGBTQ rights activists also condemned the legislation.

Tyler Hack, executive director of the Christopher Street Project, called the bill “an abominable attack on the transgender community.”

“Marjorie Taylor Greene’s last-ditch effort to bring her 3-times failed bill to a vote is an abominable attack on the transgender community and further cements a Congressional career defined by hate and bigotry,” they said. “We are counting down the days until she’s off Capitol Hill — but as the bill goes to the floor this week, our leaders must stand up one last time to her BS and protect the safety of queer kids and medical providers. Full stop.”

Hack added that “healthcare is a right, not a privilege” in the U.S., and this attack on trans healthcare is an attack on queer rights altogether. 

“Marjorie Taylor Greene has no place in deciding what care is necessary,” Hack added. “This is another attempt to legislate trans and queer people out of existence while peddling an agenda rooted in pseudoscience and extremism.”

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, also denounced the legislation.

“This bill is the most extreme anti-transgender legislation to ever pass through the House of Representatives and a direct attack on the rights of parents to work with their children and their doctors to provide them with the medical care they need,” Takano said. “This bill is beyond cruel and its passage will forever be a stain on the institution of the United States Congress.”

The bill is unlikely to advance in the Senate, where it would need 60 votes to pass.

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