National
Sigh of relief as shutdown ends
HIV service providers spared; staffers return to work
Some federal workers are troubled over accusations made by Sarah Palin and others that the U.S. Park Service is being disrespectful to veterans by denying access to monuments in Washington. (Photo by Therealbs2002; courtesy Wikimedia Commons)
UPDATE: The federal government shutdown ended Thursday and thousands of employees returned to work in D.C. and across the country. This story was posted shortly before Congress passed a bill to fund the government and avert a default:
As the federal government’s shutdown entered its third week, LGBT and AIDS advocates expressed alarm that community-based AIDS service providers in D.C. and across the nation could be forced to lay off employees and curtail services if the shutdown and its related funding reductions continued much longer.
Democratic and Republican leaders in the Senate announced a bipartisan agreement on Wednesday calling for raising the debt ceiling and ending the government shutdown. Although political observers thought there were enough votes to approve the agreement in both the Senate and the House, no one was certain whether the GOP-controlled House would pass the compromise bill initiated in the Senate.
Leonard Hirsch (Washington Blade photo by Michael Key)
Leonard Hirsch, president of the LGBT federal workers group Federal GLOBE, said that, like all federal workers, thousands of furloughed LGBT federal employees continued as of Wednesday to struggle without a paycheck.
The shutdown, which closed many but not all federal agencies, left more than 800,000 federal employees furloughed, according to the U.S. Office of Personnel Management. With the federal government being the largest employer in the D.C. metro area, the area is said to have been affected the most by the shutdown.
“Everyone that I know in the federal workforce is very frustrated that they’re not allowed to be getting work done, that things are piling up, that their clients are not being served,” said Hirsch, who has worked at the Smithsonian Institution for 24 years.
Hirsch said he and nearly all the federal workers he knows – LGBT and straight – are especially troubled over accusations by Obama administration critics, including former GOP vice presidential candidate Sarah Palin, that the U.S. Park Service is being disrespectful to veterans and other citizens by denying them access to the World War II Memorial and other monuments in Washington.
“The law is clear,” he said. “If Congress has not appropriated money you cannot work on things and do things. And so we can’t open parks. We can’t open museums and monuments because Congress has not appropriated the money.”
Added Hirsch, “I don’t know a single person at the Park Service who is happy about closing doors, and I know a lot of people at the Park Service…It’s putting the federal worker in this horrible bind to say we can’t do these things and being abused for following Congress’s direction.”
Don Blanchon (Washington Blade file photo by Michael Key)
Don Blanchon, executive director of Whitman-Walker Health, the D.C. area’s largest private agency providing medical and social services to people with HIV and the LGBT community, said Whitman-Walker has “weathered” the federal shutdown so far largely because it accumulated a substantial reserve fund over the past several years.
“By and large, the impact of the shutdown directly on our operations and patient care is minimal,” he told the Blade on Monday. “We’re open. We’re serving patients. And for the foreseeable future we don’t see this shutdown causing us a tremendous amount of difficulty right now,” he said.
But Blanchon noted that Whitman-Walker along with other D.C. community-based health groups serving people with HIV has been hit by D.C.’s inability to pay its Medicaid reimbursements. Under a federal law, D.C. is prohibited from spending its own money obtained through local tax revenue if Congress doesn’t approve the city’s annual budget.
With Congress deadlocked over the federal budget, under which the D.C. budget falls, the city has been unable to spend much of its own funds since the federal shutdown began on Oct. 1 at the start of the new fiscal year. Since D.C.’s budget is intertwined with the federal budget, D.C. has been impacted by the shutdown in a way that no other city or state has, a development that has infuriated D.C. Mayor Vincent Gray.
At an Oct. 11 town hall meeting Gray said the shutdown has forced the city to tap into its reserve funds to keep city agencies open and to continue city services through the end of this week or next, at which time he said the usable portion of the reserve fund would be depleted.
But Gray said the reserve fund wasn’t large enough to enable the city to cover $90 million in Medicaid reimbursement payments to the city’s private clinics and medical providers that take Medicaid patients during the previous week.
Blanchon said the delay in the Medicaid payments resulted in Whitman-Walker not receiving about $70,000 in reimbursements for its Medicaid patients.
While Whitman-Walker’s reserve fund will enable the LGBT health provider to “weather the storm” for the time being, as Blanchon put it, other community-based health providers don’t have such a financial cushion, officials with those groups have said. Some of them have already been forced to lay off employees and curtail services, including HIV-related services, the officials have said.
Ruby Corado (Washington Blade file photo by Michael Key)
“We’re already seeing services cut back for LGBT and Latino community clients,” said Ruby Corado, director of the LGBT community center Casa Ruby. Corado said Casa Ruby, which is funded largely by private donors, wasn’t immediately affected by the shutdown.
Ron Simmons, executive director of Us Helping Us, a D.C.-based HIV service provider that reaches out to black gay men, said his group has also managed to get buy for the past two weeks “without any noticeable impact.”
But Simmons said Us Helping Us won’t be able to operate without possible service interruptions if the federal shutdown continues indefinitely. Although his organization doesn’t have the type of reserve fund that Whitman-Walker has, Simmons said much of the group’s federal funding for the fiscal year has already been appropriated by Congress through various grants. He said the payments through those grants, including one from the U.S. Centers for Disease Control and Prevention, have continued uninterrupted during the shutdown.
Similar to other HIV service providers in D.C. and across the nation, funding from the Ryan White federal AIDS program also had been appropriated by Congress prior to the shutdown, enabling groups receiving Ryan White grants to continue to receive the funds through the rest of the fiscal year, according to Carl Schmid, deputy director of the AIDS Institute, a national HIV/AIDS advocacy organization.
Carl Schmid (Washington Blade file photo by Michael Key)
“Luckily, the grants went out in April,” said Schmid in referring to the Ryan White program, which he said provides millions of dollars to AIDS groups across the country.
But Schmid cautioned that if the federal shutdown were to continue, AIDS service providers would be adversely impacted in a number of ways.
One immediate effect, he said, was federal officials who provide support for the processing of Ryan White grant applications were furloughed as soon as the shutdown began on Oct. 1.
“The new grant applications are due Oct. 31,” he said. “So what if people have questions about putting their grant applications together in the cities and states? Right now there’s no one to turn to.”
Schmid noted that most of the federal officials that administer the Obama administration’s national AIDS strategy program as well as the White House Office on AIDS Policy were also on furlough since Oct. 1.
“One or two days are one thing,” said Schmid. “But now this is going on too long and we’re definitely going to have ramifications. Let’s hope this gets solved soon.”
Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, told the Blade that LGBT-related implications of the shutdown could, among other things, include a cutback in the enforcement of the federal hate crimes act that covers hate crimes targeting LGBT people.
Cole-Schwartz said the furloughing of Justice Department personnel could negatively impact enforcement of both the hate crimes law and Title IX of an existing civil rights statute that protects women and transgender people from gender-related discrimination.
National
Medical groups file lawsuit over Trump deletion of health information
Crucial datasets included LGBTQ, HIV resources
Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.
The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.
“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.
“These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.
It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”
The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question.
A White House spokesperson couldn’t immediately be reached for comment on the lawsuit.
While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management.
The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.
Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.
“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.
“Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says.
Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”
Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”
Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.
“As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from the Washington Blade.
“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said.
The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”
It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”
The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society.
The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.
U.S. Federal Courts
Federal judge scraps trans-inclusive workplace discrimination protections
Ruling appears to contradict US Supreme Court precedent
Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.
The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.
To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.
While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”
“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.
The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.
Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.
The White House
Trump travels to Middle East countries with death penalty for homosexuality
President traveled to Saudi Arabia, Qatar, and United Arab Emirates
Homosexuality remains punishable by death in two of the three Middle East countries that President Donald Trump visited last week.
Saudi Arabia and Qatar are among the handful of countries in which anyone found guilty of engaging in consensual same-sex sexual relations could face the death penalty.
Trump was in Saudi Arabia from May 13-14. He traveled to Qatar on May 14.
“The law prohibited consensual same-sex sexual conduct between men but did not explicitly prohibit same-sex sexual relations between women,” notes the State Department’s 2023 human rights report, referring specifically to Qatar’s criminalization law. “The law was not systematically enforced. A man convicted of having consensual same-sex sexual relations could receive a sentence of seven years in prison. Under sharia, homosexuality was punishable by death; there were no reports of executions for this reason.”
Trump on May 15 arrived in Abu Dhabi, the capital of the United Arab Emirates.
The State Department’s 2023 human rights report notes the “penalty for individuals who engaged in ‘consensual sodomy with a man'” in the country “was a minimum prison sentence of six months if the individual’s partner or guardian filed a complaint.”
“There were no known reports of arrests or prosecutions for consensual same-sex sexual conduct. LGBTQI+ identity, real or perceived, could be deemed an act against ‘decency or public morality,’ but there were no reports during the year of persons prosecuted under these provisions,” reads the report.
The report notes Emirati law also criminalizes “men who dressed as women or entered a place designated for women while ‘disguised’ as a woman.” Anyone found guilty could face up to a year in prison and a fine of up to 10,000 dirhams ($2,722.60.)
Trump returned to the U.S. on May 16.
The White House notes Trump during the trip secured more than $2 trillion “in investment agreements with Middle Eastern nations ($200 billion with the United Arab Emirates, $600 billion with Saudi Arabia, and $1.2 trillion with Qatar) for a more safe and prosperous future.”
Former President Joe Biden traveled to Saudi Arabia in 2022.
Saudi Arabia is scheduled to host the 2034 World Cup. The 2022 World Cup took place in Qatar.
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