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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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5 Comments

5 Comments

  1. AhContraire

    January 11, 2014 at 2:03 am

    How about having the courage to ask the following two questions on the medical safety of gay marriage and also gay acts like sodomy?

    That is, Doesn’t the medical community recommend that you, “Wash your hands after you go to the bathroom.”?

    Yet, now there are some in the medical community that now say it’s OK to “Sleep with the waste that gets flushed down in the toilet?” and that it’s possible to live a perfectly normal life.

    Twitter Handle: AhContraire

  2. Rich

    January 11, 2014 at 4:16 pm

    Sounds like AhContraire is looking for pointers on how to have gay sex. For starters, have you ever heard of taking a shower after sex?

  3. Tina Long

    January 13, 2014 at 6:21 pm

    tacky

  4. Timothy Chase

    January 13, 2014 at 6:27 pm

    Florida republicans especially Rubio are Bigoted selfish assholes with their own adgenda for this country. Florida has a large gay population and without their money there would be alot of ghost towns in Florida. One day the state will have to come to terms with their hatred and bigotry. The best thing is to see that Rubio does not get re-elected for any position

  5. Maurice Rosas

    January 14, 2014 at 2:03 pm

    "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. Sen. Rubio’s opposition to Thomas is unwavering and the senator would not have let this exceptionally qualified judge move forward.” Rubio's stance is solid. He will delay any legislation or appointment or treaty proposed by president Obama. This Senator is unquestionably a party loyalist and not a Senator of all Florida's residents. He has made it clear, the GLBT community of Florida are to remain second class citizens.

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World

Canadian government introduces bill to ban conversion therapy

Prime minister says discredited practice as ‘discriminatory and degrading’

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health disparities, gay news, Washington Blade
(Public domain photo)

The Canadian government on Monday introduced a bill that would ban so-called conversion therapy in the country.

The bill that Attorney General David Lametti and Women and Gender Equality and Youth Minister Marci Ien introduced would amend Canada’s Criminal Code to specifically ban:

  • Causing another person to undergo conversion therapy
  • Removing a minor from Canada to subject them to conversion therapy abroad
  • Profiting from providing conversion therapy
  • Advertising or promoting conversion therapy

A press release the Canadian government issued said the bill would allow courts “to order the seizure of conversion therapy advertisements or to order their removal from computer systems or the internet.”

“The pain and trauma caused by conversion therapy practices continue to have a devastating impact on LGBTQ2 communities across Canada,” said Ien. “Our government is focused on promoting equality rights and tackling discrimination against lesbian, gay, bisexual, transgender, queer and two-spirit people. Criminalizing this practice upholds basic human rights, while also ensuring that every Canadian is free to live their authentic lives.”

Prime Minister Justin Trudeau in a tweet said conversion therapy “is discriminatory and degrading, and has had devastating impacts on LGBTQ2 Canadians.”

“It has no place in our country,” he said.

Tourism Minister Randy Boissonnault, who previously advised Trudeau on LGBTQ issues, also applauded the bill’s introduction.

“Conversion ‘therapy’ is akin to torture,” said Boissonnault. “I encourage all of my colleagues in the House (of Commons), to support this bill that will move to criminalize conversion therapy in Canada once and for all.”

Canada would join Malta and a handful of countries that ban conversion therapy.

Trudeau, who won re-election in September, has previously called for a prohibition of the widely discredited practice. The Canadian Senate earlier this year tabled a separate conversion therapy ban bill.

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Local

D.C. area LGBTQ bars, eateries receive $100K COVID-19 relief grant

Pitchers, League of Her Own received NGLCC, Grubhub funds

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indoor dining, gay news, Washington Blade
(Washington Blade photo by Michael Key)

The D.C. LGBTQ sports bar Pitchers and League of Her Own, its adjoining lesbian bar, are among the nation’s first LGBTQ bars that serve food as well as alcoholic beverages to receive a $100,000 COVID-19 relief grant under a $2 million Community Impact Grant Program.

The program, aimed at supporting LGBTQ-owned and LGBTQ-allied small businesses struggling from the pandemic, was launched in September as a joint project of the National LGBT Chamber of Commerce, which goes by the initials NGLCC, and the global online food delivery company Grubhub.

In a Tuesday announcement, NGLCC and Grubhub said Pitchers and League of Her Own, which operate as one business in adjoining buildings in D.C.’s Adams Morgan neighborhood, are among the first three recipients of $100,000 grants under the Community Impact Grant Program. The other two recipients are FOODE + Mercantile of Fredericksburg, Va., and Café Gabriela of Oakland, Calif.

“Following this initial round of recipients, more grants will be issued in late 2021 and early 2022,” the announcement by the two groups says. In an earlier announcement, the groups said the application period for the grants program took place from September through Oct. 12, and the grants would range in amounts from $5,000 to $100,000.

“The impact of COVID-19 has been debilitating for countless restaurant and bar owners, including the many LGBTQ+-owned restaurants across the country who have persisted through lockdowns, operational changes and labor supply shortages,” said NGLCC Co-Founder and President Justin Nelson. “We’re grateful to have partnered with Grubhub to offer real lifelines to support businesses throughout the nation,” Nelson said.

“Building community in a fun and safe place has been our mission since the very beginning,” said David Perruzza, the owner of Pitchers and League of Her Own. “We’re relieved and thankful for these funds, and are looking forward to more stable days ahead,” Perruzza said.

“As a trans masculine and queer immigrant person of color, I’ve worked hard and put all my love and energy into building a beautiful and welcoming space in Café Gabriela,” said owner Penny Baldado. “I’ve remained resilient through COVID, and this grant is the injection of funds that we need to continue along our journey to full recovery,” Baldado said.

The statement announcing the first three grant recipient says funds for the $2 million grant program were generated by Grubhub’s “Donate the Change” program of which NGLCC became a partner in June. Grubhub says the program asks customers receiving food delivered by Grubhub “to round out their order and donate the difference” to the charitable fund.

“COVID has turned the restaurant industry on its head the last 18 months, and at Grubhub, we’ve been working hard every day to support our restaurant partners across the country,” said Amy Healy, Grubhub’s vice president of government relations. “As the world starts to return to a new normal, we’re proud to partner with the NGLCC and provide these grants to LGBTQ+-owned and LGBTQ+ ally-owned restaurants across the country that are pillars of their communities.”

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Politics

Biden recognizes LGBTQ survivors in World AIDS Day statement

In contrast, Trump consistently omitted sexual minorities

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President Biden recognized LGBTQ people as among the survivors of the HIV/AIDS epidemic on Tuesday in a statement recognizing World AIDS Day, marking a departure from consistent omissions of the LGBTQ community under the Trump administration.

“Ending the HIV epidemic is within our reach, and we are committed to finishing this work,” Biden said. “On World AIDS Day, we rededicate ourselves to building on the progress of the last 4 decades; upholding and advancing human rights; supporting research, science, and data-driven solutions; expanding access to housing, education, and economic empowerment; and fighting stigma and discrimination. No one living with HIV should suffer the undeserved guilt and prejudice that too many continue to experience.”

Biden, as the world recognizes World AIDS Day on Dec. 1, enumerates LGBTQ people as survivors in a paragraph acknowledging the coronavirus pandemic has presented new obstacles in efforts to beat HIV/AIDS.

“The COVID-19 pandemic has added to the challenges our heroic health care and frontline workers face, yet they continue to deliver essential HIV prevention services and provide vital care and treatment to people living with HIV,” Biden said. “The pandemic has also interrupted HIV research and highlighted the work that still remains to achieve equitable access to HIV prevention, care, and treatment in every community — particularly for communities of color, adolescent girls and young women, and the LGBTQI+ community.”

The inclusion of LGBTQ people in a statement recognizing World AIDS Day stands in contrast to statements from President Trump, who consistently declined to mention the LGBTQ community in each of his statements. The consistent omissions took place even though top health officials under the Trump administration started the Ending the HIV Epidemic initiative, which seeks to beat HIV/AIDS by 2030.

Last year, White House Press Secretary Kayleigh McEnany, asked by the Washington Blade why the LGBTQ community was missing from the 2020 statement, responded with a false statement Trump was the first to observe World AIDS Day by adorning the White House with a large red AIDS ribbon. In fact, the practice began under President George W. Bush and had continued through Obama and Trump administrations.

The inclusion of LGBTQ people in Biden’s World AIDS Day statement is consistent with former President Obama mentioning LGBTQ people as among the survivors of HIV/AIDS in his final World AIDS Day statement. In 2016, Obama acknowledged “gay and bisexual men, transgender people, youth, black and Latino Americans, people living in the Southern United States, and people who inject drugs are at a disproportionate risk” of the disease.

Biden in his World AIDS Day statement says his administration “remains steadfast in our efforts to end the HIV epidemic,” ticking off policies his administration has pursued, including a budget request of $670 million to fight HIV/AIDS domestically and support for global initiatives to fight HIV/AIDS, which he said has save more than 21 million lives.

“This remarkable progress over the past 18 years has been made possible through strong, bipartisan United States leadership and American generosity,” Biden said.

Read Biden’s full statement below:

WORLD AIDS DAY, 2021
 
– – – – – – –
 
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
 
A PROCLAMATION
For decades, World AIDS Day has been recognized as an opportunity for people around the world to stand together in the fight against HIV.  This year on World AIDS Day, we are focused on addressing health inequities and inequalities and ensuring that the voices of people with HIV are at the center of our work to end the HIV epidemic globally.

While we have made remarkable progress in the 40 years since the first-known reported case of AIDS, this disease remains a serious public health challenge — and we join the international community to honor and remember the more than 36 million people, including 700,000 Americans, who have tragically died from AIDS-related illness since the start of the epidemic.  We also renew our commitment to stand with the nearly 38 million people living with HIV around the world as we pursue our shared goal of ending the HIV epidemic.

The COVID-19 pandemic has added to the challenges our heroic health care and frontline workers face, yet they continue to deliver essential HIV prevention services and provide vital care and treatment to people living with HIV.  The pandemic has also interrupted HIV research and highlighted the work that still remains to achieve equitable access to HIV prevention, care, and treatment in every community — particularly for communities of color, adolescent girls and young women, and the LGBTQI+ community.

My Administration remains steadfast in our efforts to end the HIV epidemic, confront systems and policies that perpetuate entrenched health inequities, and build a healthier world for all people. Earlier this year, I reinstated the White House Office of National AIDS Policy to coordinate our efforts to reduce the number of HIV infections across our Nation.  This week, my Administration is releasing an updated National HIV/AIDS Strategy to decrease health inequities in new diagnoses and improve access to comprehensive, evidence-based HIV-prevention tools. This updated strategy will make equity a cornerstone of our response and bring a whole-of-government approach to fighting HIV.

My budget request includes $670 million to support the Department of Health and Human Services’ Ending the HIV Epidemic in the U.S. Initiative — to reduce HIV diagnoses and AIDS-related deaths.  My Administration has also strengthened the Presidential Advisory Council on HIV/AIDS by adding members from diverse backgrounds who bring the knowledge and expertise needed to further our Nation’s HIV response. 

My Administration is committed to helping the world end the AIDS epidemic as a public health threat by 2030.  Through the United States President’s Emergency Plan for AIDS Relief (PEPFAR), we have saved more than 21 million lives, prevented millions of HIV infections, and supported at least 20 countries around the world to reach epidemic control of HIV or achieve their ambitious HIV treatment targets.  This remarkable progress over the past 18 years has been made possible through strong, bipartisan United States leadership and American generosity.  Now, together with partner governments and communities, my Administration is setting a bold vision for achieving sustained epidemic control of HIV by supporting equitable health services and solutions, contributing to improved health for all in PEPFAR-supported countries, and working with the Global Fund to Fight AIDS, Tuberculosis and Malaria; UNAIDS; and other regional and local partners toward the goal of ending the HIV epidemic everywhere.

Ending the HIV epidemic is within our reach, and we are committed to finishing this work.  On World AIDS Day, we rededicate ourselves to building on the progress of the last 4 decades; upholding and advancing human rights; supporting research, science, and data-driven solutions; expanding access to housing, education, and economic empowerment; and fighting stigma and discrimination.  No one living with HIV should suffer the undeserved guilt and prejudice that too many continue to experience.  We must innovate and explore new ways to help address HIV/AIDS in communities here at home and around the world.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 1, 2021, as World AIDS Day.  I urge the Governors of the United States and its Territories, and the American people to join the HIV community in activities to remember those who have lost their lives to AIDS and to provide support, dignity, and compassion to those living with HIV.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth.
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