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Rubio wins battle against gay black judicial nominee

Thomas not among more than 200 nominees White House resubmitted to the Senate

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Marco Rubio, Florida, Republican Party, United States Senate, gay news, Washington Blade
Marco Rubio, Florida, Republican Party, United States Senate, gay news, Washington Blade

Sen. Marco Rubio (R-Fla.) won his battle against a gay black judicial nominee. (Washington Blade file photo by Lee Whitman)

Sen. Marco Rubio (R-Fla.) has won his battle against the White House over the confirmation of a gay black judicial nominee to the federal bench.

At the start of the year, the White House submitted to the Senate a list of more than 200 nominations previously named by Obama. But, as first reported by The Huffington Post, William Thomas, whom Obama named for a seat on the U.S. District Court for the Southern District of Florida, isn’t among the nominees.

A White House official confirmed for the Washington Blade that Thomas wasn’t resubmitted.

“The nomination of Judge William Thomas was returned by the Senate and Sen. Rubio has made his objection clear, so the president chose not to renominate him,” the official said.

Had Thomas been confirmed by the Senate, he would have been the first openly gay black male to sit on the federal bench. (Deborah Batts, confirmed to the federal bench in 1994 and the first-ever out person to sit on the federal judiciary, is also black.)

Fred Sainz, vice president of communications for the Human Rights Campaign, was among those expressing disappointment that the Thomas nomination didn’t succeed.

“We supported the Thomas nomination,” Sainz said. “We are disappointed that Judge Thomas was not re-nominated but we know that Sen. Rubio’s opposition to Thomas is unwavering and that the senator would not have let this exceptionally qualified judge move forward.”

Over the course of more than a year since Obama first nominated Thomas in November 2012, the nomination has been blocked. Rubio refused to hand in the “blue slip” to the Senate Judiciary Committee to allow the nomination to go forward, even though the Florida senator initially recommended Thomas and the nominee received a rating of “well-qualified” from the American Bar Association.

Faced with accusations that he was holding up Thomas because of his race and sexual orientation, Rubio pointed to the way Thomas as a state judge in the Miami-Dade Circuit handled two cases as reasons for holding up the nomination. The objection in one case was for being too lenient; the objection in the other was for being too harsh.

One was the case of Michael Traverso, who killed a cyclist in a hit-and-run accident while driving on a suspended license. Rubio’s office cites concerns that Thomas sentenced Traverso to the minimum sentence of 22.8 months in jail, less time served, amounting to only 364 days.

The other involves Joel Lebron, who took part in the 2002 gang rape and murder of 18-year-old Ana Maria Angel. According to Rubio’s office, Thomas twice suppressed confessions of perpetrators of the crime including the confession of Lebron, who pulled the trigger.

The reasons that Rubio’s office offered for blocking the nomination are in dispute. Attorneys involved in the cases wrote letters to Rubio last year, saying Thomas acted responsibly.

A Senate staffer confirmed for the Blade this week that Rubio had never returned his “blue slip” to allow the Thomas nomination to move forward.

LGBT advocates who had been pushing the Thomas expressed disappointment over the missed opportunity of confirming the first openly gay black male to the federal bench.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said the fallout was troublesome because more diversity is needed on the federal bench.

“We need more diversity in the federal judiciary, not less and it’s disappointing that Judge William Thomas was not included among the nominees the White House submitted to the Senate this week,” Carey said. “Sen. Marco Rubio’s procedural maneuvering to stop this nominee was unacceptable and harmful given that the vacancy on the Southern District Court of Florida has been classified as a judicial emergency.”

Denis Dison, a spokesperson for the Gay & Lesbian Victory Fund, also expressed disappointment that the Thomas nomination didn’t succeed. The Presidential Appointment Project, a Victory Fund-led initiative, recommended Thomas to the White House.

“It’s hard to see how Sen. Rubio’s bizarre behavior with regard to this nomination is anything but politically motivated, and that’s a shame,” Dison said. “Judge Thomas is highly qualified and his nomination enjoyed broad support. The fact that he is openly gay should have no bearing on the Senate confirmation process.”

But Thomas wasn’t the only pending LGBT judicial nominee before the Senate. One other remains: Judith Levy, a lesbian whom Obama nominated in July for a seat on the U.S. District Court for the Eastern District of Michigan. Her nomination is still before the Senate Judiciary Committee.

Brooke Sammon, a Rubio spokesperson, pointed to a previous statement she issued on Thomas when asked if the Florida senator was satisfied his nomination didn’t succeed.

“The nomination of Judge Thomas has also been thoroughly reviewed, and Sen. Rubio has determined that Thomas’s record on the state court raises serious concerns about his fitness for a lifetime federal appointment,” Sammon said. “Those concerns include questions about his judicial temperament and his willingness to impose appropriate criminal sentences, particularly in the two high-profile cases of Michael Traverso and Joel Lebron last year. After reviewing Thomas’s record, Sen. Rubio cannot support moving forward with the nomination.”

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Maryland

Salisbury, Md. rainbow crosswalk removed on Veterans Day

Mayor’s order denounced by LGBTQ activists as act of bigotry

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Salisbury Mayor Randy Taylor ordered the removal of the rainbow crosswalk. (Screen capture via PAC 14/YouTube)

Under the directive of its mayor and over strong objections from LGBTQ rights advocates and their supporters, the city of Salisbury, Md. on Nov. 11 removed a rainbow crosswalk from a prominent intersection across from the mayor’s office and the city’s public library. 

Salisbury LGBTQ rights advocate Mark DeLancey, who witnessed the crosswalk removal, said instead of painting over it as other cities have done in removing rainbow crosswalks, a powerful grinding machine was used to rip apart the asphalt pavement under the crosswalk in what he believes was an effort by the mayor to “make a point.”

Like officials in other locations that have removed rainbow crosswalks, Salisbury Mayor Randy Taylor said the crosswalk removal was required under U.S. Department of Transportation regulations put in place by the Trump administration that do not allow “political” messages on streets and roadways.

“Since taking office, I’ve been transparent about my concerns regarding the Pride crosswalks installed in Downtown Salisbury,” Taylor said in a statement. “While I have made every effort to respect the decisions of previous administrations and the folks that supported them, it has become clear that a course of correction – as planned – is necessary to align with current Department of Transportation standards for roadway markings,” he said in his Nov. 7 statement that was posted on the city’s Facebook page.

DeLancey is among the activists and local public officials in many cities and states that dispute that the federal Department of Transportation has legal authority to ban the Pride crosswalks. D.C. and the Northern Virginia jurisdictions of Arlington and Alexandria are among the localities that have refused to remove rainbow crosswalks from their streets.

“He decided to take this on himself,” DeLancey said of Taylor’s action. “It’s not a law. It’s not a ruling of any kind. He just said that was something that should happen.”

DeLancey points out that Salisbury became the first jurisdiction in Maryland to install a  rainbow crosswalk on a public street in September 2018.

“This is another blatant attempt by our Republican mayor to remove any references to groups that don’t fit with his agenda,” Salisbury LGBTQ advocate Megan Pomeroy told the local publication Watershed Observer. “The rainbow crosswalk represents acceptance for everyone. It tells them, ‘You matter. You are valued. You are welcome here,’” she was quoted as saying.

The publication Delmarva Now reports that a longtime Salisbury straight ally to the LGBTQ community named K.T. Tuminello staged a one-person protest on Nov. 10 by sitting on the sidewalk next to the rainbow crosswalk holding a sign opposing its removal.

“Tuminello said Nov. 10 he had been at the embattled crosswalk since 12 a.m. that morning, and only three things could make him leave: ‘I get arrested, I have to get into an ambulance because of my medical difficulties, or Randy Taylor says you can keep that one rainbow crosswalk,’” the Delaware Now article states.

DeLancey said he has known Tuminello for many years as an LGBTQ ally and saw him on the night he staged his sit-in at the site of the crosswalk. 

“I actually went to him last night trying to give him some water,” DeLancey told the Washington Blade. “He was on a hunger strike as well. He was there for a total of 40 hours on strike, not eating, no sleeping in the freezing cold” 

Added DeLancey, “He has been supporting our community for decades. And he is a very strong ally, and we love his contribution very much.”

Political observers have pointed out that Salisbury for many years has been a progressive small city surrounded by some of Maryland’s more conservative areas with mostly progressive elected officials.

They point out that Taylor, a Trump supporter, won election as mayor in November 2023 with 36.6 percent of the vote. Two progressive candidates split the vote among themselves, receiving a combined total of 70.8 percent of the vote.  

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Kazakhstan

Kazakh lawmakers advance anti-LGBTQ propaganda bill

Measure likely to pass in country’s Senate

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Kazakh flag (Photo by misima/Bigstock)

Lawmakers in Kazakhstan on Wednesday advanced a bill that would ban so-called LGBTQ propaganda in the country.

Reuters notes the measure, which members of the country’s lower house of parliament unanimously approved, would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.”

The bill now goes to the Kazakh Senate.

Reuters reported senators will likely support the measure. President Kassym-Jomart Tokayev has also indicated he would sign it.

Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China.

Consensual same-sex sexual relations are decriminalized in Kazakhstan, but the State Department’s 2023 human rights report notes human rights activists have “reported threats of violence and significant online and in-person verbal abuse towards LGBTQI+ individuals.” The document also indicates discrimination based on sexual orientation and gender identity remains commonplace in the country. (Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights under the Biden-Harris administration who co-founded the Alliance for Diplomacy and Justice, in August condemned the current White House for the “deliberate erasure” of LGBTQ and intersex people from the State Department’s 2024 human rights report.)

Russia, Georgia, and Hungary are among the other countries with propaganda laws.

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Virginia

Ghazala Hashmi names Equality Virginia executive director to transition team

Narissa Rahaman will join Adam Ebbin, Mark Sickles on LG-elect’s committee.

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Virginia Lt. Gov.-elect Ghazala Hashmi (YouTube screenshot)

Virginia Lt. Gov.-elect Ghazala Hashmi has named Equality Virginia Executive Director Narissa Rahaman to her transition team.

State Sen. Adam Ebbin (D-Alexandria) and state Del. Mark Sickles (D-Fairfax County) are among those who Hashmi also named to her Transition Committee.

“I am honored to have this diverse group of leaders join our transition,” said Hashmi in a statement. “Their experience, perspective, and commitment to public service will help build an Office of the Lieutenant Governor that is responsive, innovative, and relentlessly focused on improving the lives of every Virginia resident.”

“Together, we will develop a thoughtful roadmap for the work ahead — one that ensures we are engaging communities, strengthening partnerships across the state, and preparing this office to serve with purpose and conviction from Day One,” she added. “I am grateful to each member for bringing time, expertise, and passion to this effort.”

Hashmi, a Democrat, defeated Republican John Reid, who is openly gay, on Nov. 4.

Hashmi will succeed outgoing Lt. Gov. Winsome Earle-Sears on Jan. 17.

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