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WHAT A YEAR!

Our picks for the top national and international stories of 2013

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mass wedding, same-sex marriage, gay marriage, Supreme Court, Proposition 8, Defense of Marriage Act, Prop 8, DOMA, gay news, LGBT, Washington Blade, marriage equality
mass wedding, same-sex marriage, gay marriage, Supreme Court, Proposition 8, Defense of Marriage Act, Prop 8, DOMA, gay news, LGBT, Washington Blade, marriage equality, year

(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

 

Proposition 8, Supreme Court, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

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 

 

Neil Abercrombie, Hawaii, Washington Blade, gay

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 

 

Tammy Baldwin, gay news, Washington Blade, Employment Non-Discrimination Act, United States Senate, Democratic Party, Wisconsin, religious exemptions

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

 

Russia, anti-gay, gay news, Washington Blade

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

 

Pope Francis, Catholic Church, gay news, Washington Blade

‘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, Australia, gay news, Washington Blade

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

 

Barack Obama, Michelle Obama, inauguration 2013, gay news, Washington Blade

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

 

Christine Quinn, New York City, gay news, Washington Blade

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

 

Bradley Manning, wikileaks, gay news, Washington Blade

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

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Federal Government

Texas Children’s Hospital reaches $10 million settlement with DOJ over gender-affirming care

Clinic specializing in detransition care will be established

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Justice Department in D.C. (Washington Blade photo by Joe Reberkenny)

The Justice Department announced May 15 that it has reached a settlement with Texas Children’s Hospital, one of the nation’s top pediatric hospitals.

Under the agreement, the hospital will pay more than $10 million in damages and civil penalties related to its provision of gender-affirming care and will establish a clinic specializing in detransition care.

The DOJ partnered with Texas Attorney General Ken Paxton’s office to resolve allegations that the hospital submitted false billings to public and private insurers to secure coverage for pediatric gender-affirming procedures. The department alleges the conduct violated the Federal Food, Drug, and Cosmetic Act, the False Claims Act, and federal fraud and conspiracy laws.

The settlement was reached out of court, meaning neither party formally admitted wrongdoing. Both the DOJ and Texas Children’s Hospital denied liability.

“The Justice Department will use every weapon at its disposal to end the destructive and discredited practice of so-called ‘gender-affirming care’ for children,” Acting Attorney General Todd Blanche said in a DOJ press release. “Today’s resolution protects vulnerable children, holds providers accountable, and ensures those harmed receive the care they need.”

The DOJ’s hardline stance on gender-affirming care sharply contrasts with the positions of major medical organizations, transgender healthcare advocates, and human rights groups, which broadly support gender-affirming care as an evidence-based treatment for gender dysphoria.

Adrian Shanker, former Deputy Assistant Secretary for Health Policy and Senior Advisor on LGBTQI+ Health Equity at the U.S. Department of Health and Human Services under during the Biden-Harris administration, told the Washington Blade the settlement could have sweeping consequences for trans youth and healthcare providers nationwide.

“The Trump administration’s framing of gender-affirming care is wildly inaccurate, scientifically implausible, and frankly, just mean-spirited,” Shanker told the Blade. “What’s really clear is that the science hasn’t changed, the evidence hasn’t changed — it’s only the politics that have changed. Unfortunately, the people that lose out the most with a settlement like this one are the patients that are denied access to care where they live.”

According to Shanker, the agreement also requires Texas Children’s Hospital to revoke privileges for physicians involved in providing gender-affirming care, potentially limiting their ability to practice elsewhere.

“This is a weaponized Department of Justice doing absurd investigations against providers that are providing care within the established standard of care,” he said. “They’ve come up with an absurd remedy in their settlement to require a so-called ‘detransition clinic’ to open at Texas Children’s. It’s harmful to science, it’s harmful to trans people, and it’s harmful to the medical profession.”

Shanker argued the case reflects a broader politicization of trans healthcare.

“Every American should be concerned about the weaponized Department of Justice and their obsession with trans people and their access to care,” he said. “These hospitals that provide gender-affirming care, the providers of gender-affirming care, have done nothing wrong. They followed the standards of care that are well established and followed the mountain of evidence.”

Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal, echoed those concerns.

“For Texas Children’s to capitulate to this pressure campaign of both Paxton and the Trump administration and end this care, and go after physicians who had been lawfully and faithfully taking care of their patients, it’s hard to see that as anything other than bending the knee in the face of political pressure,” Loewy told the Blade. “That’s not putting your mission above politics. Your mission is to provide health care for kids that need it.”

Loewy said the settlement reflects years of efforts by Paxton and the Trump-Vance administration to target gender-affirming care providers. Paxton has pursued investigations into providers across Texas since 2022 and supported a 2023 law banning gender-transition-related medical care for minors. Meanwhile, the Trump-Vance administration moved quickly in its second term to restrict trans healthcare access, including through Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.”

“This is a perfect storm of Ken Paxton’s own mission to stigmatize and target trans young people and their healthcare in Texas with the Trump administration’s targeting of trans people and gender-affirming medical care,” Loewy said. “It is the two of them together. Without that, you wouldn’t have had this settlement.”

Loewy also emphasized that the settlement is part of a broader legal strategy targeting providers nationwide.

“You can’t view this one in isolation from all of the other administrative subpoenas that have been sent to hospitals or other kinds of medical providers that have provided gender-affirming medical care to trans adolescents,” she said. “It is all part and parcel of the same direct line from the executive orders that were issued in the first days of this Trump administration.”

“Every court that has considered those subpoenas has found them illegitimate and issued for an improper purpose, or at least narrowed them really dramatically,” she added. “Courts agree these hospitals didn’t do anything wrong. It’s the DOJ that has the problem here.”

Shanker also criticized the settlement’s requirement that the hospital establish a detransition clinic, arguing the move contradicts existing medical evidence.

“The irony shouldn’t be lost on anyone that the Trump administration is claiming that gender-affirming care lacks a scientific basis, and then is requiring the opening of a so-called detransition clinic, which certainly lacks a scientific basis,” Shanker said. “There’s less than a 1% regret rate when it comes to gender-affirming care. That’s lower than knee surgery, lower than bariatric surgery, lower than childbirth, lower than breast reconstruction, and lower than tattoos.”

Loewy was similarly blunt in her criticism.

“This is the most craven, political, ridiculous elevation of ideology over evidence,” she said. “They are creating a program built on an outcome that almost never happens. It is unprecedented and politically mandated rather than healthcare mandated.”

She said the settlement’s broader effect will be to intimidate providers and further marginalize trans people.

“The real effect here is to further stigmatize trans people and intimidate healthcare providers,” she said. “This is about sending a message nationwide that the DOJ is coming after the doctors. These are committed, faithful, law-abiding physicians and healthcare providers who just want to provide the healthcare their patients actually need.”

Both Loewy and Shanker warned that restricting access to gender-affirming care could deepen health disparities for trans people.

“We know that when transgender Americans lack the care that they need, we end up with higher rates of depression, higher rates of anxiety, higher rates of self-harm and suicidal ideation,” Shanker said. “We know that gender-affirming care is a medically appropriate, scientifically grounded form of care that resolves these challenges and leads us toward health equity. It’s unfortunate that the Trump administration has politicized not only transgender medicine, but the very basis of public health.”

Shanker said the restrictions are already prompting some trans people to relocate in search of care.

“We’re already seeing medical refugees leave states that have restricted access to care to move to states where it’s still available,” he said. “Frankly, we’ve already seen some trans people go to other countries to receive care or maintain access to care.”

Loewy said the DOJ’s recent subpoenas targeting hospitals, including those issued to NYU Langone Health in New York, suggest the administration is escalating its legal strategy.

“We’ve seen the DOJ escalate this by convening a grand jury and issuing grand jury subpoenas to hospitals,” she said. “That is going to be the next front in this fight.”

In addition to , there has been as large increase in anti-trans legislation in the past few years — with 126 federal pieces of legislation introduced this year and 26 state level policies passed across the country.

Still, Loewy pointed to recent court victories as evidence that challenges to these policies can succeed.

“Just yesterday, a state court in Kansas struck down that state’s ban on gender-affirming medical care in one of the most meticulous recognitions of the medical consensus and the harm of denying care to trans young people,” she said. “When courts actually look at the science and the impacts on trans people, they still can rule the right way.”

Asked whether there is any optimism to be found amid the ongoing legal battles, Loewy said she continues to draw hope from advocates, families, and community organizers fighting back.

“The solidarity of the community is really what brings hope,” she said. “There are incredible lawyers, advocates, families, and organizations fighting every day to protect these kids and their privacy and safety. It is that community strength and collaborative effort that continues to give me hope.”

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Commentary

‘Live Your Pride’ is much more than a slogan

Waves Ahead forced to cancel May 17 event in Puerto Rico

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(Courtesy image)

On May 5, I spoke by phone with Wilfred Labiosa, executive director of Waves Ahead, a Puerto Rico-based LGBTQ community organization that for years has provided mental health services, support programs, and safe spaces for vulnerable communities across the island. During our conversation, Labiosa confirmed every concern described in the organization’s public statement announcing the cancellation of “Live Your Pride,” an event scheduled for Sunday in the northwestern municipality of Isabela. But beyond the financial struggles and organizational challenges, what stayed with me most was the emotional weight behind his words. There was pain in his voice while describing what it means to watch spaces like these slowly disappear.

This was not simply the cancellation of a community event.

“Live Your Pride” had been envisioned as a celebration and affirming gathering for LGBTQ older adults and their allies in Puerto Rico. In a society where many LGBTQ elders spent decades hiding parts of themselves in order to survive, spaces like this carry enormous emotional and social significance. They become places where people can finally exist openly, without fear, apology, or shame.

That is why this cancellation matters far beyond Isabela.

What is happening in Puerto Rico cannot be separated from the broader political climate unfolding across the U.S. and its territories, where programs connected to diversity, inclusion, education, mental health, and LGBTQ visibility increasingly find themselves under political attack. These changes do not always arrive through dramatic announcements. More often, they happen quietly. Funding disappears. Community organizations weaken. Safe spaces become harder to sustain. Eventually, the absence itself begins to feel normal.

That normalization is dangerous.

For years, organizations like Waves Ahead have stepped into gaps left behind by institutions and governments, particularly in communities where LGBTQ people continue facing discrimination, social isolation, economic instability, and mental health struggles. Their work has never been limited to organizing events. It has involved accompanying people through loneliness, trauma, rejection, depression, aging, and survival itself.

“Live Your Pride” represented much more than entertainment. It represented visibility for LGBTQ older adults, many of whom survived decades of family rejection, religious exclusion, workplace discrimination, violence, and silence. These are individuals who came of age during years when living openly could cost someone employment, housing, relationships, or personal safety. Many learned to survive by making themselves invisible.

When spaces like this disappear, something deeply human is lost.

A gathering is canceled, yes, but so is an opportunity for healing, connection, recognition, and dignity. For many LGBTQ older adults, especially in smaller municipalities across Puerto Rico, these events are not secondary luxuries. They are reminders that their lives still matter in a society that too often treats aging and queer existence as disposable.

There are still political and religious sectors that portray the rainbow as some kind of ideological threat. But the rainbow does not erase anyone. It illuminates people and stories that society has often tried to ignore. It reflects the lives of young people forced out of their homes, transgender individuals targeted by violence, older adults aging in silence, and families that spent years defending their right to exist openly.

Perhaps that is precisely why the rainbow unsettles some people so deeply.

Its colors expose abandonment, hypocrisy, inequality, and fear. They force societies to confront realities that are easier to ignore than to address honestly. They reveal how fragile human dignity becomes when political agendas decide that certain communities are no longer worthy of protection, funding, or visibility.

The greatest concern here is not solely the cancellation of one event in one Puerto Rican town. The deeper concern is the message quietly taking shape behind decisions like these — the idea that some communities can wait, that some lives deserve fewer resources, and that safe spaces for vulnerable people are expendable during moments of political tension.

History has shown repeatedly how social regression begins. Rarely with one dramatic act. More often through exhaustion, silence, budget cuts, and the slow dismantling of organizations doing essential community work.

Even so, Waves Ahead made one thing clear in its statement. Although “Live Your Pride” has been canceled, the organization will continue providing mental health and community support services through its centers across Puerto Rico. That commitment matters because people do not survive on slogans alone. They survive because somewhere there are still open doors, trained professionals, supportive communities, and people willing to remain present when the world becomes colder and more hostile.

Puerto Rico should pay close attention to what this moment represents. No healthy society is built by weakening the organizations that care for vulnerable people. No government should feel comfortable watching community groups struggle to survive while attempting to provide services and compassion that public institutions themselves often fail to offer.

The rainbow has never been the problem.

The real problem is the discomfort created when its colors force society to confront the wounds, inequalities, and human realities that too many people would rather keep hidden.

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Federal Government

Bureau of Prisons declines to reconsider transgender inmate policy

Democratic lawmakers raised concerns this week, lawsuit filed

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(Photo by Andrushko Galyna/Bigstock)

Following a letter sent Monday by several Democratic senators raising concerns about the Federal Bureau of Prisons’ updated transgender inmate policy, the BOP responded to a request for comment from the Washington Blade, saying it does not plan to reverse the changes implemented earlier this year.

The policy was revised in 2025 to comply with President Donald Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

In a statement to the Blade, BOP spokesperson Donald Murphy said the updated policy is rooted in medical guidance and data-driven decision making.

“The BOP implemented the February 2025 policy to ensure that inmates with gender dysphoria are properly diagnosed and treated consistent with best medical practices,” he said. “Unlike the prior administration’s one-size-fits-all approach, the BOP’s new policy ensures individualized assessments and treatments. And while the previous administration’s policies on treating inmates with gender dysphoria was driven by radical ideology, the BOP’s current policy is based on medical studies, medical expert opinions, state correctional policies, caselaw, and penological concerns. Absent court order, there are no plans to reconsider or revisit the policy.”

U.S. Sens. Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), and Mazie Hirono (D-Hawaii) signed the letter, arguing that the policy change fails to adequately prioritize the safety of trans inmates — protections they say are guaranteed under the Constitution.

This inquiry comes days after a federal lawsuit was filed against the Justice Department specifically on the concern that trans inmates are not receiving adequate care.

Earlier this month, the National Center for LGBTQ Rights, a legal organization focused on LGBTQ rights since 1977, filed a lawsuit in District Court of the District of Columbia against the Trump-Vance administration in collaboration with GLAD Law, Lowenstein Sandler LLP, and Wardenski P.C.

The suit, filed on May 6, alleges the administration is “ignoring federal protections” designed to prevent sexual abuse of incarcerated trans people.

“Transgender people in prison are sexually abused or assaulted at nearly 10x the rate of the general prison population,” the press release announcing the lawsuit states, adding that federal legislation was enacted to address those risks.

The plaintiff in the lawsuit, Paulina Poe, is a trans woman currently incarcerated in a men’s facility. According to the complaint, she has been “propositioned, groped, sexually harassed, and assaulted” by male inmates and subjected to strip searches by male officers — circumstances the Prison Rape Elimination Act regulations were intended to prevent.

The lawsuit also argues that the policy changes violate constitutional protections and deny trans inmates medically necessary care.

“The Eighth Amendment requires prisons and jails to provide ‘adequate medical care’ to incarcerated people which includes adequate treatment for people diagnosed with gender dysphoria,” says the Transgender Law Center. “‘Adequate medical care’ should be delivered according to accepted medical standards, such as WPATH’s Standards of Care. Some courts have said that in some circumstances ‘adequate medical care’ for gender dysphoria includes providing gender-appropriate clothing and grooming supplies, and the ability to present yourself consistent with your gender identity.”

GLAD Law Staff Attorney Sarah Austin also issued a statement when the lawsuit was announced, saying those responsible for the policy changes — and the rollback of protections under the Prison Rape Elimination Act — will be “held accountable for this egregious and lawless action.”

“The federal government’s unlawful attempt to roll back binding Prison Rape Elimination Act regulations is an especially dangerous step in its ongoing campaign to strip transgender people of legal protections,” Austin said. “The targeting of transgender incarcerated people is a deliberate choice to put vulnerable people in harm’s way simply because of who they are.”

The Justice Department has not responded to the Blade’s request for comment.

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