National
WHAT A YEAR!
Our picks for the top national and international stories of 2013
(Washington Blade file photo by Michael Key)
It was perhaps the biggest year yet for the LGBT rights movement in the United States, as the Supreme Court made history by striking down Prop 8 and part of the Defense of Marriage Act. More states legalized marriage in its wake. Elsewhere in the world, the Catholic Church got a new pope who seemed to break with his predecessor over gay rights, among other issues.
Here are the Blade staff’s picks for the year’s top 10 national and international stories.
#1 Supreme Court strikes down DOMA, Prop 8
The plaintiffs in the Proposition 8 case at the Supreme Court emerge victorious with lawyer David Boies, Human Rights Campaign President Chad Griffin and American Foundation for Equal Rights Executive Director Adam Umhoefer. (Washington Blade file photo by Michael Key)
The U.S. Supreme Court issued a pair of historic decisions against the Defense of Marriage Act and California’s Proposition 8 in a news event we have dubbed the story of the year.
In a 5-4 decision, the court struck down Section 3 of DOMA, the 1996 Clinton-era law that prohibited the federal government from recognizing same-sex marriage. In a separate 5-4 decision issued at the same time, the court ruled the proponents of Prop 8 couldn’t defend the initiative in court, allowing a district court ruling to stand that determined the 2008 amendment was unconstitutional.
Writing for the majority in the decision against DOMA, U.S. Associate Justice Anthony Kennedy emphasized the harm the anti-gay law causes married same-sex couples.
“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity,” Kennedy wrote. “By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.”
The DOMA lawsuit was brought by New York widow Edith Windsor as a result of having to pay $363,000 in estate taxes in 2009 upon the death of her spouse, Thea Spyer. Windsor became a symbol of the marriage equality movement and was named by Time magazine as its No. 3 pick for “Person of the Year” after her victory at the Supreme Court.
The ruling against Prop 8 restored marriage equality to California. Thousands of same-sex couples — beginning with plaintiffs Kris Perry and Sandra Stier, who were wed by California Attorney General Kamala Harris at San Francisco City Hall — began to marry after the U.S. Ninth Circuit Court of Appeals gave the go-ahead weeks after the decision.
Immediately after the ruling against DOMA, the Obama administration pledged to work toward implementing the decision to allow for the recognition of same-sex marriage by the federal government. At a news conference during a trip to Africa, President Obama pledged to make the federal benefits of marriage as widely available as possible.
“It’s my personal belief — but I’m speaking now as a president as opposed to as a lawyer — that if you’ve been married in Massachusetts and you move someplace else, you’re still married, and that under federal law you should be able to obtain the benefits of any lawfully married couple,” Obama said.
Then-Secretary of Homeland Security Janet Napolitano issued guidance saying bi-national same-sex couples would be able to apply for marriage-based green cards to enable them to stay in the United States. The U.S. Office of Personnel Management announced that spousal benefits, including health and pension benefits, would begin to flow to gay federal employees. Perhaps most significantly, the Internal Revenue Service announced it would recognize the marriages of same-sex couples for tax purposes — even if they file tax returns while living in a non-marriage equality state.
Defense Secretary Chuck Hagel also announced that service members in same-sex marriages would be able to receive spousal benefits, including health, pension and housing benefits. Several national guards with state constitutional amendments banning same-sex marriage said they would be unable to process these benefits, but after a second edict from Hagel saying they must comply, each of those states fell in line.
Within a few short months, the ruling against DOMA also helped accelerate the path toward marriage equality throughout individual states. In Ohio, a federal judge recognized the marriage of a same-sex couple that married at BWI airport because one of the partners in the relationship was dying of Lou Gehrig’s disease. Later, a New Jersey superior court ruled the state’s civil union law was insufficient — a decision the State Supreme Court let stand upon appeal from New Jersey Gov. Chris Christie, who later the dropped the lawsuit.
Doug NeJaime, a gay law professor at the University of California, Irvine, said this movement so soon after the Windsor ruling “was anticipated” given the language that Associate Justice Anthony Kennedy used in his opinion.
“Given the flurry of activity, and the quick decisions coming out of places like Ohio, this may mean that the Supreme Court may not be able to avoid the question regarding the constitutionality of state marriage bans as long as some of the justices may hope,” NeJaime said.
#2 States, countries extend marriage rights
Hawaii Gov. Neil Abercrombie on Nov. 13, 2013, signed his state’s same-sex marriage bill into law. (Photo courtesy of State of Hawaii/Office of the Governor)
The movement for marriage rights for same-sex couples made significant advances in the U.S. and around the world in 2013.
In addition to Maryland and Delaware, gays and lesbians began to legally marry in California, Rhode Island, New Jersey, Minnesota and Hawaii. Illinois’s same-sex marriage law that Gov. Pat Quinn signed last month will take effect in June.
New Zealand and Uruguay also extended marriage rights to same-sex couples in 2013.
Brazil’s National Council of Justice in May nearly unanimously ruled that registrars in the South American country cannot deny marriage licenses to same-sex couples.
Gays and lesbians in England and Wales on March 29 will begin to exchange vows after the British Parliament over the summer approved a same-sex marriage bill. An identical measure cleared its first hurdle in the Scottish Parliament last month.
The legal process to extend marriage rights to same-sex couples in Mexico continued to gain ground in Baja California, Guanajuato, Jalisco and other states in 2013. A handful of gays and lesbians have exchanged vows in Colombia, but the country’s attorney general has challenged some of them.
Croatian voters on Dec. 1 approved a constitutional amendment that defines marriage as between a man and a woman. The Australia High Court on Dec. 11 ruled a law that extended marriage rights to same-sex couples in the country’s capital is unconstitutional.
#3 Senate passes ENDA; House version stalls
Sen. Tammy Baldwin (D-Wis.) spoke in a press conference following the passage of the Employment Non-Discrimination Act in the U.S. Senate. (Washington Blade photo by Michael Key).
For the first time in history, the U.S. Senate approved with bipartisan support this year a long sought piece of legislation that would bar employers from discriminating against or firing workers based on their sexual orientation or gender identity.
By a vote of 64-32, the Employment Non-Discrimination Act passed the Senate, marking the first time that either chamber of Congress has passed a version of the bill with protections for transgender workers. A total of 10 Republicans joined the entire Democratic caucus present in voting for the bill.
Prior to the vote, Sen. Jeff Merkley (D-Ore.), ENDA’s chief sponsor, delivered a speech on the Senate floor recognizing the historic nature of the moment.
“I look forward to this vote, this vote for liberty, this vote for freedom, this vote for opportunity, this vote for a fair and just America,” Merkley said.
Despite a push to bring up the legislation in the House, momentum on ENDA seems to have stalled as the legislation has capped out at 201 sponsors and House Speaker John Boehner (R-Ohio) has continually said he opposes it.
“I understand people have differing opinions on this issue, and I respect those opinions,” Boehner said in response to a question from the Washington Blade. “But as someone who’s worked in the employment law area for all my years in the State House and all my years here, I see no basis or no need for this legislation.”
#4 Russia’s LGBT crackdown sparks outrage
Activists protested in front of the Russian embassy several times throughout the year following the passage of anti-gay laws in the country. (Washington Blade photo by Damien Salas)
The Kremlin’s LGBT rights crackdown sparked widespread outrage this past year amid preparations for the 2014 Winter Olympics that will take place in Sochi, Russia, in February.
Russian President Vladimir Putin in June signed a broadly worded bill into law that bans gay propaganda to minors. A second statute that bans foreign same-sex couples and any couple from a country in which gays and lesbians can marry from adopting Russian children took effect in July.
LGBT rights groups and other organizations that receive funding from outside Russia could face a fine if they don’t register as a “foreign agent.”
“These laws are aimed at driving LGBT people back into silence, back underground, back to the invisibility,” Polina Andrianova of Coming Out, a St. Petersburg-based LGBT advocacy group, told the Washington Blade during an August interview.
Playwright Harvey Fierstein is among those who have called for a boycott of the Sochi games in response to Russia’s LGBT rights crackdown. The International Olympic Committee and the U.S. Olympic Committee have also faced criticism from those who feel they have not done enough to publicly criticize the Kremlin over the gay propaganda law.
“The U.S. Olympic Committee has been complicit in this act of aggression because they say we respect Russia’s right to do this,” U.S. Rep. Ileana Ros-Lehtinen (R-Fla.) told the Washington Blade in late September before the USOC added sexual orientation to its anti-discrimination policy. “That is not worthy of Olympic standards.”
Retired Olympic diver Greg Louganis on Dec. 13 told the Blade that gay MSNBC anchor Thomas Roberts should not have co-hosted the Miss Universe 2013 pageant in November in Moscow. The four-time gold medalist also said gay singer Elton John should not have performed in Russia earlier this month.
“It just seems like all they’re doing is lending credibility to what’s going on there,” said Louganis.
#5 LGBT Catholics welcome Pope Francis
‘If a person is gay and seeks the Lord and is of good will, who am I to judge him,’ said Pope Francis. (Photo by Agência Brasil; courtesy Wikimedia Commons)
LGBT Catholics in 2013 welcomed Pope Francis’ more moderate tone toward gays.
The College of Cardinals on March 16 elected the former archbishop of Buenos Aires to succeed Pope Benedict XVI who abruptly resigned in February.
The Argentine pontiff said during a September interview with an Italian Jesuit newspaper that the Roman Catholic church has grown “obsessed” with nuptials for gays and lesbians, abortion and contraception. These comments came roughly two months after he told reporters as he returned to Rome after a weeklong trip to Brazil that gays and lesbians should not be judged or marginalized.
“If a person is gay and seeks the Lord and is of good will, who am I to judge him?” said Francis in response to a question about gay priests.
LGBT rights advocates in Argentina noted to the Washington Blade the pontiff categorized the same-sex marriage bill the country’s president, Cristina Fernández de Kirchner, signed in 2010 as “the work of the devil” that would “spark God’s war.”
Dignity USA Executive Director Marianne Duddy-Burke acknowledged Francis’ anti-LGBT statements after his election. She remains optimistic the new pontiff will welcome LGBT Catholics back into the church.
“We find much to be hopeful about, particularly in the Pope’s firm desire that the church be a ‘home for all people,’ and his belief that God looks on lesbian, gay, bisexual and transgender people with love rather than condemnation,” said Duddy-Burke in a September statement.
#6 Obama names gay ambassadors, judges
John Berry was named U.S. Ambassador to Australia. (Washington Blade file photo by Michael Key)
The U.S. Senate approved this year several openly gay appointees — including the first openly gay federal appeals judge — in confirmations that were historic both in number and significance.
Among the confirmed appointees were five openly gay ambassadors, including former U.S. Office of Personnel Management Director John Berry as U.S. ambassador to Australia. The confirmation made him the first openly gay U.S. ambassador to a G-20 country.
Also among the gay confirmations were Daniel Baer as U.S. ambassador to Organization for Security & Cooperation in Europe; Rufus Gifford as U.S. ambassador to Denmark; James Costos as U.S. ambassador to Spain; and James “Wally” Brewster as U.S. ambassador to the Dominican Republic.
Additionally, the Senate confirmed Eric Fanning as under secretary of the Air Force. After the departure of his immediate boss shortly after the confirmation, Fanning became acting secretary of the Air Force, making him the highest-ranking openly gay civilian in the U.S. military.
Chai Feldblum, the lesbian member of the U.S. Equal Employment Opportunity Commission, was confirmed for a second term after leading the way for a ruling instituting transgender workplace non-discrimination protections.
The Senate also confirmed openly gay judicial nominees. The highest-ranking among them was Todd Hughes, who was confirmed as circuit judge for the U.S. Court of Appeals for the Federal Circuit. He’s the first openly gay person to serve a federal appeals court.
The other confirmations were Pamela Ki Mai Chen as U.S. District Judge for the Eastern District of New York; Michael McShane as U.S. District Judge for the District of Oregon; and Nitza Quiñones Alejandro as U.S. District Judge for the Eastern District of Pennsylvania.
#7 Trans protections recognized under Title IX
The Obama administration made a historic ruling for transgender rights this year by applying existing law to protect students in school on the basis of their gender identity.
The Departments of Education and Justice announced the resolution as a result of a complaint filed by the National Center for Lesbian Rights on behalf of a transgender student in California’s Arcadia Unified School District. The resolution requires the school district to treat the student as male in all respects and keep his transgender status private.
NCLR Staff Attorney Asaf Orr commended the Obama administration for taking the step “to ensure that schools are safe and supportive environments where all students can thrive, including transgender students.”
The resolution represents a growing legal and administrative trend to interpret existing law — in this case, Title IX of the Education Act of 1972 — to ban discrimination against trans people.
Prior to the ruling, the student was required to sleep in a cabin by himself on an overnight field trip instead of being allowed to room with his male peers. The school district also excluded the student from the boys’ restroom and locker room, insisting that he use the nurse’s office.
The student, who remained anonymous, said he’s glad his school district agreed to put in place the resolution proposed by the Obama administration.
“Knowing that I have the school district’s support, I can focus on learning and being a typical high school student, like my friends,” the student said.
#8 Obama references Stonewall in inaugural speech
In a first, President Obama made two references to gay rights during his inaugural address in January. (Washington Blade file photo by Michael Key)
President Obama stirred passions in the LGBT community by making an unprecedented reference to LGBT rights during his second-term inaugural address and saying he believes gay people deserve equal treatment under the law.
“Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law – for if we are truly created equal, then surely the love we commit to one another must be equal as well,” Obama said.
The words marked the first time that any U.S. president mentioned gay rights during an inaugural address and sent shockwaves through the LGBT community.
Also during the speech, Obama made a reference to the 1969 Stonewall riots, which are considered the start of the modern LGBT rights movement.
“We, the people, declare today that the most evident of truths – that all of us are created equal – is the star that guides us still; just as it guided our forebears through Seneca Falls, and Selma, and Stonewall; just as it guided all those men and women, sung and unsung, who left footprints along this great Mall, to hear a preacher say that we cannot walk alone; to hear a King proclaim that our individual freedom is inextricably bound to the freedom of every soul on Earth,” Obama said.
#9: Gay mayors in Seattle, Houston; Quinn loses in New York
Lesbian Christine Quinn started her mayoral campaign a heavy favorite but ultimately lost in New York’s primary. (Washington Blade photo by Michael Key)
Lesbian Annise Parker won election to her third and final term as mayor of Houston, on Nov. 5, receiving a decisive 57 percent of the vote in a nine-candidate race.
In Seattle, Washington State Sen. Ed Murray defeated incumbent Mayor Mike McGinn by a margin of 56 percent to 43 percent to become that city’s first openly gay mayor.
And in Atlantic City, N.J., gay Republican Don Guardian shook up the political establishment by winning an upset victory over incumbent Mayor Lorenzo Langford, a Democrat, in a city where Democrats outnumber Republicans among registered voters by a nine to one margin. Guardian ran as a socially progressive reform candidate with a record as a highly competent administrator of services for the city’s tourist district.
Meanwhile, New York City Council Speaker Christine Quinn lost her race to become New York’s first openly gay and first female mayor, finishing third in a hotly contested Democratic primary in September. A New York Times exit poll showed pro-LGBT candidate Bill deBlasio, who won the primary and the general election in November, beat Quinn among LGBT voters by a margin of 47 percent to 34 percent in a four candidate race.
Most political observers said LGBT voters joined the majority of their straight counterparts in backing deBlasio, who emerged as more progressive on economic issues than Quinn and who was perceived as an outspoken critic of incumbent Mayor Michael Bloomberg, who is highly unpopular among Democratic voters. Quinn had long been viewed as a Bloomberg ally.
# 10 Manning gets 35 years, comes out as trans
Manning announced she is transitioning one day after being sentenced for leaking classified documents. (Public domain photo)
One day after a military judge sentenced former U.S. Army Private Bradley Manning to 35 years in prison for leaking classified documents to Wikileaks, the 25-year-old soldier released a statement through her attorney coming out as transgender.
“As I transition into this next phase of my life, I want everyone to know the real me,” Manning said. “I am Chelsea Manning. I am a female.”
Manning’s dramatic announcement shifted the media focus from that of her conviction in an Army court martial proceeding of violating the U.S. Espionage Act for leaking an unprecedented amount of classified information to the issue of who transgender people are and whether they should be entitled to equal rights.
Some transgender rights advocates said Manning’s case would hurt efforts to lift the military’s ban on transgender service members by casting transgender people in a negative light. Transgender activists Brynn Tannehill and Autumn Sandeen, who served in the military before transitioning, said they were especially troubled by arguments by Manning’s attorney that Manning’s struggle over her gender identity created stress that played some role in her decision to leak classified information.
“In my last four years in the Navy I was grappling with gender identity yet I did my job” and didn’t release classified information,” Sandeen said.
By Lou Chibbaro Jr., Chris Johnson and Michael Lavers
National
HIV/AIDS group NMAC is ‘destabilized’ and in financial crisis: sources
Organization disputes allegations of mismanagement by new CEO
A statement sent to the Washington Blade by an anonymous source claiming to be a current staff member at NMAC, formerly known as the National Minority AIDS Council, alleges that the prominent HIV/AIDS advocacy organization is facing “a rapid and systemic collapse of leadership, governance, and ethical standards.”
The three-page detailed statement sent on April 4 by someone identifying himself only as “John Doe” includes multiple specific allegations that NMAC CEO Harold Phillips, who began his position in October 2025, “has destabilized the organization at every level,” including hiring nine new high-level appointees with salaries of $220,000 each who are performing “duplicative and unjustifiable roles.”
The Blade was able to corroborate some of the allegations by talking to two other knowledgable sources who spoke on condition of anonymity. Those sources said they had received the John Doe statement and believed many, if not most, of its allegations were accurate.
With a total staff of about 30 to 35 employees, the John Doe statement claims the high salaries of the nine new staff members have added to financial problems NMAC has been facing in recent years. It says that at least two NMAC staffers who raised concerns about Phillips’s actions were terminated on grounds of insubordination.
One of the two anonymous sources who spoke to the Blade said one of the dismissed staff members was considering filing a lawsuit against NMAC in response to the firing.
“An external firm was recently brought in to assess the organizational health,” the John Doe statement to the Blade says. “The findings were staggering — more than 50% of staff reported they are actively seeking employment elsewhere,” it says.
The Blade sent the John Doe statement to NMAC this week and asked for a response to the allegations.
NMAC spokesperson Jennifer Moore Phillips, who serves as chief strategy officer and who is not related to Harold Phillips, sent the Blade a short statement calling the John Doe allegations “false and purposefully misleading,” but which did not comment on each of the specific allegations.
“A recent anonymous letter containing unfounded allegations about NMAC makes claims that are simply false and purposefully misleading,” the NMAC statement says. “Evidenced by our new strategic plan and recent successful Biomedical HIV Prevention Summit in Chicago, NMAC’s new leadership is laser focused on delivering on our mission serving the HIV community with renewed energy and vision,” the statement concludes.
The Biomedical HIV Prevention Summit referred to in the statement, which took place in Chicago April 8-10 of this year, is one of the two largest HIV/AIDS related conferences that NMAC organizes each year. Jennifer Phillips said more than 1,400 people attended the event.
The largest NMAC event, the United States Conference on HIV/AIDS, the most recent of which was held in D.C. Sept. 4-7, drew more than 2,400 participants and was hailed by AIDS activists as a highly successful gathering of a diverse group of experts seeking to push for the end to the HIV/AIDS epidemic.
One of the keynote speakers at that conference was Paul Kawata, who served as executive director and CEO of NMAC for 36 years and who delivered his farewell address at the conference following the announcement that he would retire on Oct. 7, 2025.
Many of the conference speakers praised Kawata, who became NMAC’s leader two years after its founding in 1987, as the leading force behind its growth and evolution into one of the nation’s leading HIV/AIDS advocacy organizations with a special outreach to people of color.
It was at that time that Harold Phillips, who served as director of the White House Office of AIDS Policy under then-President Joe Biden and who later joined NMAC as deputy director before the NMAC board named him Kawata’s successor as CEO, emerged as NMAC’s next leader.
“The Board has exuberantly elected Harold Phillips as our new CEO,” said Lance Toma, chair of the NMAC Board of Directors at the time Phillips’s appointment was announced. “In this unprecedented moment, there is no one more strategically positioned and experienced to lead our movement through what we know will be some of the most tumultuous and complicated times ahead,” the statement said.
The John Doe statement raising questions about Phillips’s actions and leadership says NMAC staff members formally appealed to the board of directors to intervene.
“The Board has remained silent, while Harold arrogantly told the staff that ‘the board has my back,’” the statement says.
The Blade has also attempted to reach out to Kawata by email for comment on how he feels NMAC is doing six months after his retirement. As of April 14, Kawata had not responded to the Blade’s inquiry.
According to the John Doe statement, NMAC officials have recently “sought external financial rescue,” including a visit by an NMAC official to California to request assistance from the pharmaceutical company Gilead Sciences. “Without such intervention, layoffs seem imminent,” the statement says.
“This is not a functioning nonprofit,” the John Doe statement concludes. “It is an organization in crisis – bleeding resources, hemorrhaging staff, and operating without transparency, accountability, or governance,” it says, adding, “The communities NMAC serves, the donors who fund its mission, and the public at large deserve to know what is happening behind closed doors.”
By contrast, the NMAC website describes the organization as a highly functioning nonprofit continuing to lead the fight against HIV/AIDS.
“Launched in 1987 during the early years of the HIV/AIDS crisis in the United States, NMAC is a national HIV organization that offers capacity building, leadership development, policy education, and public engagement to end the HIV epidemic among communities most impacted in the United States,” a statement on the NMAC website says.
“In 2026, we mark 45 years of the HIV movement,” the statement adds. “NMAC continues to pivot to center the needs of people of color impacted by HIV by responding to political challenges that threaten federal funding and programs that have provided an essential survival safety net,” it says. “Simultaneously, as HIV treatment allows people to age with HIV, our whole-person approach extends to achieving optimal quality of life beyond attaining viral suppression.”
In its most recent action, NMAC issued a detailed press release on April 14 criticizing President Donald Trump’s proposed fiscal year 2027 budget provisions that call for cutting more than $1.5 billion in HIV prevention, substance use, housing and other programs. The release provides details on how the cuts would negatively impact important HIV prevention programs and urges Congress to reject the proposed cuts.
Federal Government
Inside the LGBTQ records of Todd Blanche and Markwayne Mullin
Two men are acting attorney general, DHS secretary
President Donald Trump became famous for his use of the phrase “You’re fired!” while hosting the reality TV show “The Apprentice” in the early 2000s. However, during his time in the Oval Office, he has attempted to distance himself from that image.
Despite those efforts, the phrase once again comes to mind as Trump has fired two high-level female Cabinet members within the past month: Pam Bondi and Kristi Noem.
Their replacements — Todd Blanche at the Justice Department and Markwayne Mullin at the Department of Homeland Security — bring records that, while different in depth, both reflect limited support for LGBTQ protections and, in some cases, direct opposition.
Todd Blanche
Acting attorney general
Little has been found regarding Todd Blanche’s LGBTQ history prior to his role as acting head of the Department of Justice. Unlike those who have worked within the Justice Department’s Civil Rights Division or served as state attorneys general, he has not developed a public-facing legal ideology on LGBTQ issues.
Blanche attended American University for his undergraduate studies — like fellow Trump attorney Michael Cohen — where he met his future wife, Kristin, who was studying at nearby Catholic University in D.C.
He began his legal career as an intern at the U.S. Attorney’s Office in Washington, which eventually became a full-time position. He later worked as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003. He and his wife later married and had two children.
Blanche left the U.S. attorney’s office in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.
In his personal capacity, he represented several figures associated with Donald Trump and former New York City Mayor Rudy Giuliani, including Trump’s former campaign manager Paul Manafort, businessman Igor Fruman, and attorney Boris Epshteyn.
In 2024, Blanche switched from Democrat to Republican, aligning himself with Trump’s political orbit. He later served as Trump’s personal defense attorney in the New York State case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to bisexual adult film star Stormy Daniels.
Now the highest-ranking official at the Justice Department, Blanche has played a central role in overseeing the department and has been involved in leadership decisions tied to several controversial actions affecting LGBTQ people.
In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population,” if legal action were taken against NYU Langone. The hospital had “permanently” ended a program earlier that month after the Trump-Vance administration threatened to pull all federal funding if it continued prescribing puberty blockers and hormones to minors.
Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”
“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he said.
Blanche also echoed his predecessor’s public stance on limiting LGBTQ-related protections at the federal level, aligning with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessions in schools and limits lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.
Calling it “another great decision that came down today,” Blanche argued that the ruling “restores parents’ rights to decide their child’s education,” adding: “It seems like a basic idea, but it took the Supreme Court to set the record straight, and we thank them for that. And now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”
In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse, and rape under the Prison Rape Elimination Act. The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.
Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”
Blanche is also described as having a “strong belief in executive authority.”
Markwayne Mullin
Secretary of Homeland Security
While Blanche’s record is defined more by recent actions than a long paper trail, Markwayne Mullin brings a more established history on LGBTQ issues from his time in Congress.
The head of the Department of Homeland Security has served in Congress since 2013, in both the U.S. House of Representatives and U.S. Senate. He has been actively engaged in shaping restrictions and aligns with broader cultural rhetoric that frames anti-LGBTQ speech as protected expression.
In May 2016, Mullin criticized the Department of Education and the Justice Department’s “Dear Colleague” letter on transgender students, arguing that trans girls should not use girls’ restrooms in public schools.
By January 2021, Mullin and then-Hawaii Congresswoman Tulsi Gabbard had introduced a bill to prevent trans women from participating in women’s sports.
Mullin was not recorded as voting on the final passage of the Respect for Marriage Act, which codified federal recognition of same-sex and interracial marriage.
In 2023, Mullin received a rating of just 6 percent from the Human Rights Campaign.
While serving in the Senate and as a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion in federal programs. He has participated in broader Republican efforts questioning equity-based implementation of the Older Americans Act, including guidance related to sexual orientation and gender identity in aging services, arguing such policies could have unintended consequences.
Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security.
He was among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the House on Jan. 6.
The Washington Blade reached out to DHS and the DOJ for comment on the two cabinet choices’ records on LGBTQ rights. DHS responded, telling the Blade, “Secretary Mullin’s record at the Department of Homeland Security will be one of protecting ALL Americans,” while the DOJ has yet to respond.
Noticias en Español
La X vuelve al tribunal
Primer Circuito examina caso del reconocimiento de personas no binarias en Puerto Rico
Hace ocho meses escribí sobre este tema cuando todavía no había llegado al nivel judicial en el que se encuentra hoy. En ese momento, la discusión se movía entre decisiones administrativas, debates públicos y resistencias políticas. No era un asunto cerrado, pero tampoco había alcanzado el punto actual.
Hoy el escenario es distinto.
La organización Lambda Legal compareció ante el Tribunal de Apelaciones del Primer Circuito en Boston para solicitar que se confirme una decisión que obliga al gobierno de Puerto Rico a emitir certificados de nacimiento que reflejen la identidad de las personas no binarias. La apelación se produce luego de que un tribunal de distrito concluyera que negar esa posibilidad constituye una violación a la Constitución de Estados Unidos.
Este elemento marca la diferencia. Ya no se trata de una discusión conceptual. Existe una determinación judicial que identificó un trato desigual.
El planteamiento de la parte demandante se sostiene en el propio marco legal vigente en Puerto Rico. Los certificados de nacimiento de identidad no son registros históricos inmutables. Son documentos utilizados para fines actuales y esenciales. Permiten acceder a empleo, educación y servicios, y son requeridos en múltiples gestiones ante el Estado. Su función es operativa.
En ese contexto, la exclusión de las personas no binarias no responde a una limitación jurídica. Puerto Rico permite la corrección de marcadores de género en certificados de nacimiento para personas trans binarias desde el caso Arroyo González v. Rosselló Nevares. Además, el Código Civil reconoce la existencia de certificados que reflejan la identidad de la persona más allá del registro original.
La diferencia radica en la aplicación.
El reconocimiento se concede dentro de categorías específicas, mientras que se excluye a quienes no se identifican dentro de ese esquema. Esa exclusión es el eje de la controversia actual.
El argumento presentado por Lambda Legal es preciso. Obligar a una persona a utilizar documentos que no reflejan su identidad implica someterla a una representación incorrecta en procesos fundamentales de la vida cotidiana. Esto puede generar dificultades prácticas, exposición innecesaria y situaciones de vulnerabilidad.
Las personas demandantes, nacidas en Puerto Rico, han planteado que el acceso a documentos precisos no es una cuestión simbólica, sino una necesidad básica para poder desenvolverse sin contradicciones impuestas por el propio Estado.
El hecho de que este caso se encuentre en el sistema federal introduce una dimensión adicional. No se trata de un proyecto legislativo ni de una política pública en discusión. Es una controversia constitucional. El análisis gira en torno a derechos y a la aplicación equitativa de las leyes.
Este proceso tampoco ocurre en aislamiento.
Se desarrolla en un contexto donde los debates sobre identidad y derechos han estado marcados por una mayor presencia de posturas conservadoras en la esfera pública, tanto en Estados Unidos como en Puerto Rico. En el ámbito local, esa influencia ha sido visible en discusiones legislativas recientes, donde argumentos de carácter religioso han comenzado a formar parte del debate sobre política pública. Esa intersección introduce tensiones en torno a la separación entre iglesia y Estado y tiene efectos concretos en el acceso a derechos.
Señalar este contexto no implica cuestionar la fe ni la práctica religiosa. Implica reconocer que, cuando determinados argumentos se trasladan al ejercicio del poder público, pueden incidir en decisiones que afectan a sectores específicos de la población.
Desde Puerto Rico, esta situación no se observa a distancia. Se experimenta en la práctica diaria. En la necesidad de presentar documentos que no corresponden con la identidad de quien los porta. En las implicaciones que esto tiene en espacios laborales, educativos y administrativos.
El avance de este caso abre una posibilidad de cambio en el marco legal aplicable. No porque resuelva de inmediato todas las tensiones en torno al tema, sino porque establece un punto de análisis jurídico sobre una práctica que hasta ahora ha operado bajo criterios restrictivos.
A diferencia de hace ocho meses, el escenario actual incluye una determinación judicial que ya identificó una violación de derechos. Lo que corresponde ahora es evaluar si esa determinación se sostiene en una instancia superior.
Ese proceso no define un resultado inmediato, pero sí establece un nuevo punto de referencia.
El debate ya no es teórico.
Ahora es judicial.
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