National
Victory Fund urged lawmaker to remain in closet: report
Critic claims gay group wanted Sims, not Fleck, to be first out Pa. official


Rep. Mike Fleck came out last year but said the Victory Fund advised him to stay in the closet, even after winning re-election. (Photo public domain)
A gay Republican member of the Pennsylvania House of Representatives created a stir last week when he told the Philadelphia Gay News in an interview that the Gay and Lesbian Victory Fund urged him to delay coming out until after the November 2012 election and possibly later.
Denis Dison, the Victory Fund’s senior vice president for programs, disputed claims by critics that the group pushed for Rep. Mike Fleck’s delay in coming out because it wanted another candidate it endorsed to become the state’s first openly gay state lawmaker.
Fleck, who won election in 2006 in the state’s rural, conservative 81st District, told PGN he was ready to come out as gay in the spring of 2012. At the time he had secured the Republican Party nomination for re-election and learned that no Democrat planned to run against him in the November general election.
“I was running unopposed so I didn’t see what the fallout would be,” PGN quoted him as saying. “But Victory Fund frowned upon that and said, ‘No, no, you’ve got a lot of people in tough races, your colleagues, and this isn’t an issue in their race. You can’t come out and put them like a deer in headlights, have them asked things like, ‘Your best friend just came out, where are you on equality legislation?’”
PGN reported that Fleck said when the election came and went the Victory Fund continued to urge him to delay coming out. But this time he ignored the advice and arranged for his hometown newspaper, the Huntington Daily News, to do a story reporting his coming out in its Dec. 1, 2012 edition.
The story of his coming out was picked up by other media outlets in the U.S. and even abroad and quickly went viral.
Fleck’s comments to PGN prompted lesbian commentator Faith Elmes to write a column for the Pennsylvania blog Keystone Student Voice questioning the Victory Fund’s motives in reportedly urging Fleck to postpone coming out. Elmes accused the Victory Fund of pushing for Fleck to stay in the closet long enough so that gay activist and attorney Brian Sims, a Democrat, would emerge as the state’s first openly gay member of the Pennsylvania House in his bid for a seat in a liberal, Democratic district that includes part of Philadelphia.
The Victory Fund endorsed Sims’ election bid and promoted him to potential campaign donors as being poised to become the first openly gay member of the state legislature. Sims defeated a pro-gay incumbent in the Democratic primary and ran unopposed in the November 2012 general election in what observers say is a safe Democratic district.
Elmes noted that Sims served on the Victory Fund’s campaign board that decides which candidates the group should endorse in its role as the nation’s leading advocate for the election of openly LGBT candidates for public office.
“If Mr. Sims secured the full title of ‘first openly gay legislator in PA,’ the organization would have amplified media presence after ‘their guy’ won,” Elmes wrote. “The Victory Fund could claim credit for prevailing in what they call on their website a ‘Horizon State’ [in which no out LGBT person held elective office to the state legislature].”
Sims, who takes strong exception to Elmes’ assertions, said he resigned from the Victory Fund’s board before he announced his candidacy for the 182nd House district, as is required under Victory Fund rules for all board members seeking to run for public office.
Dison, citing strict confidentiality rules in the Victory Fund’s role in advising closeted elected officials on how best to come out, declined to comment on what the group said to Fleck during the time he deliberated over whether to come out.
However, in a written statement to the Blade, he disputed claims that the Victory Fund’s endorsement of Sims played any role in its advice to Fleck.
“What’s important to us isn’t who was the first, but that the LGBT community finally gained not one but two authentic voices in the state legislature in the same year,” Dison said in his statement. “Our work assisting closeted officials who want to come out is aimed at increasing the likelihood they can remain public servants,” he said.
“That was our only consideration when we advised Rep. Mike Fleck last year,” said Dison. “Other theories are false.”
Some media outlets reported that Fleck became the state’s first openly gay state representative by way of coming out in the Dec. 1, 2012 newspaper story. These reports note that Sims didn’t take office until Jan. 1, when he took the oath of office at the state capital in Harrisburg.
But others, including Sims, point to the state constitution, which declares that the legislative session officially begins on the first day of December following the November election.
“For all of the things that are sort of gray and up in the air – this is not,” Sims told the Blade in a phone interview on Tuesday. “Article 2, Section 2 of our state constitution is two lines, and it’s very clear. My term began on the first day of December. My ceremonial swearing in was just that, a ceremonial swearing in on Jan. 1.”
Assuming Sims’ interpretation of the state constitution is correct, he and Fleck became “openly gay” lawmakers on the same day.
Fleck couldn’t immediately be reached for comment.
Sims said he did not know that Fleck planned to come out until a day or two before the newspaper story reporting his status as a gay man was published last December. He said he and Fleck are on good terms. Sims said a few days after Fleck came out he wrote a column in the Huffington Post welcoming Fleck.
“I was really frustrated that there were people who felt like Mike was trying to steal the spotlight or trying to race me somehow to this mythical title of first gay whatever,” Sims said. “That wasn’t the case.”
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.
Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.
“Suicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.
“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”
“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.”
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”
Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.
The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”
U.S. Supreme Court
Supreme Court hears oral arguments in LGBTQ education case
Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.
The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.
The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.
“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”
She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”
GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”
Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.
“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. “Ensuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.”
The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.
Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.
Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.
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