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State Dept. mum on next steps after India ruling

Spokesperson reiterates support for LGBT rights overseas

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Department of State, gay news, Washington Blade
Supreme Court of India, gay news, Washington Blade

Supreme Court of India (Photo by Legaleagle86; courtesy Wikimedia Commons)

State Department spokesperson Jen Psaki wouldn’t speculate Wednesday about how the U.S. might encourage India to repeal its law criminalizing homosexual acts when asked about the recent court ruling upholding the colonial-era law.

Under questioning from the Washington Blade, Psaki declined to speculate about the potential options to encourage additional steps in India after she reiterated the Obama administration’s commitment to LGBT rights overseas.

“That’s a decision that the Indian government would make,” Psaki said. “We, obviously, don’t make decisions on behalf of other governments and their legislation. So, I expressed our deep concern about any efforts around the world to not recognize that LGBT rights are human rights and that’s a message we’ll continue to make.”

Earlier in the day, the India Supreme Court overturned a lower court ruling from 2009 that decriminalized the same-sex relations between two men, which was previously illegal under a colonial-era law known as section 377. With the law back in place, individuals found guilty of “unnatural offenses” in the world’s second most populous country could face 10 years in prison.

Psaki said the State Department is “aware of” the decision in response to a first question about the ruling from a reporter during her daily news briefing,

But Psaki responded to the decision initially only by speaking broadly about the Obama administration’s support for LGBT rights, referencing a statement from Secretary of State John Kerry on Human Rights Day.

“We oppose any action that criminalizes consensual same-sex conduct between adults,” Psaki said. “LGBT rights are human rights. That’s something you heard Secretary Kerry say and Secretary Clinton say before him. And we call on all governments to advance equality for LGBT individuals around the world.”

It took questioning from another reporter for Psaki to clarify that U.S. concern with anti-sodomy laws “whether it’s India, or any other country” applies to the recent ruling.

“Any action that criminalizes consensual same-sex conduct between adults, that doesn’t recognize that fundamental freedoms include their right to sexual orientation, those are issues that we certainly would be concerned about as we are here,” Psaki said.

Asked whether the State Department was planning to reach out to the Indian government about the issue, Psaki wouldn’t make any specific predictions, but said human rights issues come up in conversations.

“Well, we consistently bring up human rights issues with most countries we meet with,” Psaki said. “I don’t have any specific recent call or meeting to read out for all of you, but certainly that’s something we’re happy to express publicly and privately.”

Top U.S. officials just recently had the opportunity to speak with Indian officials.

As part of her initial response speaking generally about news related to India, Psaki said Secretary of State John Kerry and other high-ranking State Department officials met on Tuesday with Indian Foreign Secretary Sujatha Singh and agreed to an expansion of strategic partnerships.

“The United States and India agreed … to strengthen new U.S.-India cooperation on training U.S. peacekeepers to develop support for the department’s own peace operations initiative,” she said. “The United States also accepted India’s invitation to serve as a partner country for India’s technology summit and expo in New Delhi in the fall of 2014, further intensifying our broad scientific cooperation.”

Asked whether the Supreme Court decision came up during this discussion, Psaki said she believes it happened before the ruling was handed down. When another reporter mentioned other related meetings were taking place today, Psaki said she’d have to check to verify that and whether any discussions about the ruling took place.

“I don’t have any other comment for you on the Supreme Court case than what I just offered or any other expectations of steps,” Psaki said. “That’s obviously steps the Indian government would take.”

After a reporter pointed out that the State Department would make threats aimed at Ukraine after it used violence to stop peaceful protests, but that it won’t take similar action in the India case, Psaki said the situations were different.

“Obviously, the events in Ukraine, we expressed our deep concern and the reasons why,” Psaki said. “And, as you know, we don’t group every country and everything that happens into the same category. Every circumstance is different.”

A transcript of the exchange follows:

Department of State, gay news, Washington Blade

U.S. Department of State (Photo public domain)

QUESTION: Thank you. You must have seen the Indian Supreme Court decision criminalizing homosexuality, which has sent shockwaves in the global LGBT community. And it’s more important, because only yesterday, Secretary Kerry issued a statement on Human Rights Day, and in which he mentioned LGBT. So what is the reaction that – and especially because the Indian foreign secretary is in town?

MS. PSAKI: Mm-hmm. Well, we, of course, are aware of the Supreme Court decision. The United States places great importance on the protection of human rights and fundamental freedoms of all people. And as you saw and as you referenced in the Secretary’s statement yesterday, that includes lesbian, gay, bisexual, and transgender persons around the world. We oppose any action that criminalizes consensual same-sex conduct between adults. LGBT rights are human rights. That’s something you’ve heard Secretary Kerry say, I believe Secretary Clinton say before him, and we call on all governments to advance equality for LGBT individuals around the world.

I know you asked me about the visit of the foreign secretary. I’m happy to give a readout of that, if that’s helpful as well. Secretary Kerry and Deputy Secretary Burns met yesterday with Indian Foreign Secretary Singh to discuss ways to deepen the U.S.-India Strategic Partnership and consult on regional issues. Foreign Secretary Singh also met with Acting Under Secretary Rose Gottemoeller, Assistant Secretary for South and Central Asia Nisha Biswal, and other senior officials.

The United States and India agree to joint principles to strengthen India-U.S. cooperation on training UN peacekeepers, developed with support from the Department’s Global Peace Operations Initiative. The United States also accepted India’s invitation to serve as a partner country for India’s technology summit and expo in New Delhi in the fall of 2014, further intensifying our broad scientific cooperation.

QUESTION: Thank you. Are you planning to reach out to the Indian Government to express your – directly about what needs to be done? Because if you see the atmosphere there, the political parties, the pressure, and – it is not just a vague Supreme Court decision.

MS. PSAKI: Well, we have – we consistently bring up human rights issues with most countries we meet with, and I don’t have any specific recent call or meeting to read out for all of you, but certainly, that’s something we’re happy to express publicly and privately as needed.

QUESTION: Back on India —

QUESTION: Well, in that meeting between the top diplomat for the Administration and his Deputy and the Indian foreign secretary, this didn’t come up?

MS. PSAKI: That happened yesterday. I don’t – I’m not aware of when – I believe this decision may have been today, the Supreme Court decision.

QUESTION: But she still has a meeting today too in the building.

MS. PSAKI: Hmm?

QUESTION: She had a meeting today also. Was this issue brought up with her?

MS. PSAKI: Today? With – who was the meeting with today?

QUESTION: I don’t know, but I think she had —

QUESTION: But she’s in town.

QUESTION: — some meetings here today also.

MS. PSAKI: I have to check on that. I was under the impression that most of the meetings were yesterday, but I’m happy to check, and if there were meetings today, we can check if this issue came up.

QUESTION: All right. And then —

QUESTION: Yeah, but the question —

QUESTION: — in the initial – in your initial response, I didn’t hear you actually give any reaction to what the decision actually was. I’m presuming that you think it’s a bad ruling by the Supreme Court, but I didn’t hear you say that.

MS. PSAKI: Well, we —

QUESTION: Can you go ahead – can you say that?

MS. PSAKI: I believe by saying we oppose any action that criminalizes consensual same-sex conduct between adults in general around the world, I think I was pretty clear about what our view is.

QUESTION: So what do you think about the – specifically about the Indian Supreme Court decision?

MS. PSAKI: I think —

QUESTION: I’m looking for something that’s got the word “India” in the answer, other than just —

MS. PSAKI: Matt, I’m not sure I have much more to add other than to convey that any legislation around the world, whether it’s India or any other country that criminalizes —

QUESTION: But this isn’t legislation.

MS. PSAKI: — I’m sorry – any action that criminalizes consensual same-sex conduct between adults that doesn’t recognize that fundamental freedoms of people include their right to sexual orientation – those are issues that we certainly would be concerned about, as we are here.

QUESTION: So you are expressing concern about the Supreme Court decision in India on this case?

MS. PSAKI: Correct.

QUESTION: Okay.

MS. PSAKI: Does the supreme —

QUESTION: Clarify it one more time.

MS. PSAKI: Sure.

QUESTION: You are opposed to the Supreme Court decision and you are going to raise this issue with the Indian Government, right?

MS. PSAKI: I think I expressed our concern about any cases along these lines. We are in regular touch about these issues and others with India. I don’t have anything specific to read out for you in terms of future meetings or conversations about this.

QUESTION: Yeah. Does the United States expect India to – the parliament – with respect to the parliament, does it expect the Indian parliament to repeal that law?

MS. PSAKI: I don’t have any other comment for you on the Supreme Court case than what I’ve just offered or any other expectation of steps. That’s obviously steps the Indian Government would take.

QUESTION: Is there any actions at all the Supreme Court – is there any options at all the State Department is examining to encourage India to repeal that law?

MS. PSAKI: That’s a decision that the Indian Government would make. We obviously don’t make decisions on behalf of other governments and their legislation. So I expressed our deep concern about any efforts around the world to not recognize that LGBT rights are human rights, and that’s a message we’ll continue to convey.

QUESTION: Well, the only problem with that is that you’re threatening sanctions on Ukraine, or saying that they’re a possibility because they’re violating people’s human rights and not listening to the – not listening to the people. And yet here with India, it’s not even clear whether this has – has come up, will come up, or will ever come up with the Indian Government. And in fact, the meeting – the readout that you gave of the meetings yesterday said that everything with India is full speed ahead, and we’re intensifying our relationship, and —

MS. PSAKI: Those meetings were yesterday. I think I expressed pretty clearly our opposition to this. In terms of what steps would be taken by a government on a Supreme Court case, that’s not something I would have a comment on. Obviously, the events in Ukraine we’ve expressed our deep concern about, and the reasons why. And as you know, we don’t group every country and everything that happens into the same category. Every circumstance is different.

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Rehoboth Beach

Rehoboth’s Blue Moon is for sale but owners aim to keep it in gay-friendly hands

$4.5 million listing includes real estate; business sold separately

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The real estate at Rehoboth’s Blue Moon is for sale for $4.5 million. (Washington Blade photo by Michael Key)

Gay gasps could be heard around the DMV earlier this week when a real estate listing for Rehoboth Beach’s iconic Blue Moon bar and restaurant hit social media.

Take a breath. The Moon is for sale but the longtime owners are not in a hurry and are committed to preserving its legacy as a gay-friendly space.

“We had no idea the interest this would create,” Tim Ragan, one of the owners, told the Blade this week. “I guess I was a little naive about that.”

Ragan explained that he and longtime partner Randy Haney are separating the real estate from the business. The two buildings associated with the sale are listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They are listed for $4.5 million. 

The bar and restaurant business is being sold separately; the price has not been publicly disclosed. 

But Ragan, who has owned the Moon for 20 years, told the Blade nothing is imminent and that the Moon remains open through the holidays and is scheduled to reopen for the 2026 season on Feb. 10. He has already scheduled some 2026 entertainment. 

“It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” Ragan said, noting that he turns 70 next year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.” 

He said there have been many inquiries and they’ve considered some offers but nothing is firm yet. 

Given the Moon’s pioneering role in queering Rehoboth Beach since its debut 44 years ago in 1981, many LGBTQ visitors and residents are concerned about losing such an iconic queer space to redevelopment or chain ownership.

“That’s the No. 1 consideration,” Ragan said, “preserving a commitment to the gay community and honoring its history. The legacy needs to continue.” He added that they are not inclined to sell to one of the local restaurant chains.

You can view the real estate listing here.

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Comings & Goings

Tristan Fitzpatrick joins TerraPower

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Tristan Fitzpatrick

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.

Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind. 

Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.

Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris. 

Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.

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Congress

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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