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Obama tries again: 2nd gay black man named to fed’l bench

Gayles named for seat on federal bench in Florida

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Citizens Metal, Barack Obama, gay news, Washington Blade
Citizens Metal, Barack Obama, gay news, Washington Blade

President Obama nominated a gay black judge to serve on federal court (Washington Blade file photo by Michael Key).

After his earlier attempt at appointing a gay black male judge to the federal bench was thwarted by Sen. Marco Rubio (R-Fla.), President Obama on Wednesday announced he’s making another effort with a different nominee in the same court.

Obama named Darrin Gayles, who currently serves as a Miami-Dade Circuit Judge in Florida, as part of a group of four nominees for a seat on the U.S. District Court for the Southern District of Florida.

“Throughout their careers, these distinguished men and women have demonstrated a steadfast commitment to public service,” Obama said in a statement. “I am confident they will serve the American people with distinction from the District Court bench.”

If confirmed by the Senate, Gayles would be the first gay black male to serve 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.)

Steven Thai, a spokesperson for the Gay & Lesbian Victory Institute, praised Obama for nominating Gayles.

“We commend the administration for nominating a qualified jurist who will also add diversity to the federal bench,” Thai said. “If confirmed, Judge Gayles will be the nation’s first black, openly gay federal judge, and he will reflect the talent and commitment that exists in communities that are underrepresented in public service.”

According to a White House bio, Gayles has served as a circuit judge in Florida state court since 2011. He was among the candidates endorsed by the Gay & Lesbian Victory Fund in 2012.

Before that, Gayles was a county judge since 2004. He’s also served as an assistant U.S. attorney for the Southern District of Florida, an assistant district counsel at the U.S. Immigration & Naturalization Service and an assistant state attorney.

Gayles received his law degree in 1993 from George Washington University Law School and his bachelor’s degree in 1990 from Howard University.

In November 2012, Obama made an attempt to appoint a gay black judge to the federal judiciary by naming Miami-Dade Circuit Judge William Thomas to federal court in Florida, but the nomination never even saw a hearing.

Rubio, who had initially recommended the Thomas nomination, refused to hand in his “blue slip” as one of his home-state senators to start the process of confirmation, objecting to Thomas’ temperament when presiding over two different cases.

Although lawyers involved in the case said he acted appropriately, Rubio refused to allow the nominee to proceed. At the start of the year, Obama didn’t include Thomas’ name among the 200 nominees that were renamed, and the White House said Thomas wouldn’t be named again.

In a statement, Rubio said he’s happy with each of the four judicial nominees that Obama named on Wednesday, which would include Gayles, but said he wished the White House would have acted in more bipartisan manner.

“I welcome today’s four nominations to the district courts in Florida,” Rubio said. “As I previously indicated to the president, I do not anticipate having an objection to moving forward on any of these nominations pending the outcome of the customary background check conducted on every nominee. I am disappointed, however that given the opportunity to fill four vacancies on the court, the White House has declined to nominate any of the Republican finalists jointly suggested by Sen. Nelson and myself.”

Alex Conant, a Rubio spokesperson, said Gayles was on a list of potential nominees that Rubio’s office told the White House would be acceptable.

Ryan Brown, a spokesperson for Sen. Bill Nelson (D-Fla.), said Gayles was among the potential nominees the Florida Democrat sent to the president.

Obama has also named Staci Michelle Yandle, a black lesbian, for a seat on the U.S. District Court for the Southern District of Illinois. Her nomination is pending before the Senate Judiciary Committee.

D’Arcy Kemnitz, president of the LGBT Bar Association, said Gayles’ nomination “deserves prompt consideration” by the Senate.

“Darrin Gayles is admired and well-respected throughout the profession,” Kemnitz said. “Our judiciary should never be politicized, and any attempt to delay or derail his nomination because of animus or discriminatory political views would be unacceptable.”

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Virginia

Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address

Gay state senator to take job in Spanberger administration

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Outgoing Virginia state Sen. Adam Ebbin (D-Alexandria) in 2024. (Washington Blade photo by Michael Key)

Gay Virginia state Sen. Adam Ebbin (D-Alexandria) delivered his farewell address on Feb. 16 in the Senate chamber in Richmond following his decision to resign from his role as a lawmaker to take a position as senior advisor to Democratic Gov. Abigail Spanberger.  

Ebbin, whose resignation was to take effect Feb. 18, received a standing ovation from his fellow senators. Several of them spoke after Ebbin’s address to praise him for his service in the Virginia Senate from 2012 to 2026.

Ebbin first won election to the Virginia House of Delegates in 2003 as the first openly gay member of the General Assembly. He served in the House of Delegates from 2004 to 2012 before winning election to the Senate in 2011.

His Senate district includes Alexandria and parts of Arlington and Fairfax Counties. 

“Serving in this body has been the greatest honor of my life,” Ebbin said in his farewell address. “Representing Northern Virginia in the General Assembly — my adopted home since 1989 — has been a responsibility I never took lightly,” he said.

“We are a 406-year-old institution,” he told his fellow lawmakers. “But, when I arrived, I had the distinct honor of being a ‘first’ in the General Assembly,” he said. “Being an openly gay elected official 22 years ago didn’t earn you book deals or talk show appearances — just a seat in a deep minority across the hall.”

Ebbin added, “Still, being out was a fact that felt both deeply personal and unavoidably public. I was proud, but I was also very aware that simply being here carried a responsibility larger than myself.”

Ebbin has been credited with playing a lead role in advocating for LGBTQ rights in the General Assembly as well as speaking out against anti-LGBTQ proposals that have surfaced during his tenure in the legislature.

In his speech he also pointed to other issues he has championed as a lawmaker; including strengthening education programs, expanding access to healthcare, safeguarding the environment, and legislation to help “stand up for working people.”

Among the LGBTQ rights legislation he pushed and mentioned in his speech was the Virginia Values Act of 2020, which bans discrimination based on sexual orientation and gender identity, among other categories.  

“I’m particularly proud of our work ensuring Virginia modernized state law to protect LGBT people from discrimination in their daily lives, including in employment, housing, and public accommodations,” he said in his speech. “The Virginia Values Act of 2020 — my proudest achievement — established new protections for all Virginians,” he said.

“This law, the first of its kind in the South, passed with strong bipartisan support,” he stated. “And now — this November — after 20 years, Virginians will finally be able to vote on the Marriage Equality Amendment, which will protect the ability to marry who you love. It’s time for our state constitution to accurately reflect the law of the land.”    

He was referring to a proposed state constitutional amendment approved by the General Assembly, but which must now go before voters in a referendum, to repeal a constitutional amendment approved by the legislators and voters in 2006 that bans same-sex marriage.

The U.S. Supreme Court’s Obergefell ruling legalizing same-sex marriage nationwide voided the Virginia same-sex marriage ban. But Ebbin and LGBTQ rights advocates have called on the General Assembly to take action to repeal the amendment in case the Supreme Court changes its ruling on the issue.

In his new job in the Spanberger administration Ebbin will become a senior advisor at the Virginia Cannabis Control Authority, which regulates policies regarding marijuana possession and distribution.

Ebbin was among the lead sponsors of legislation in 2020 to decriminalize possession of marijuana and of current pending legislation calling for legalizing possession.

“When I first entered the General Assembly, I saw too many lives upended by a simple marijuana charge — jobs lost, futures delayed, families hurt,” he said in his speech. “And for far too long, that harm was baked into our laws. That is no longer the case. The times have changed and so have our laws.”

Ebbin said he was also proud to have played some role in the changes in Virginia that now enable LGBTQ Virginians to serve in all levels of the state government “openly, authentically, and unapologetically.”

“I swore to myself that I wouldn’t leave until there was at least one more lesbian or gay General Assembly member,” Ebbin said in his speech. “But when I leave, I’m proud to say we will have an 8-member LGBTQ caucus.”

And he added, “And if anyone on the other side of the aisle wants to come out, you will be more than welcome — we’re still waiting on that first openly gay Republican.”

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Africa

LGBTQ groups question US health agreements with African countries

Community could face further exclusion, government-sanctioned discrimination

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The White House commemorates World AIDS Day in 2023. Health agreements the U.S. has signed with Uganda, Kenya, and other countries have sparked concern among queer rights groups. (Washington Blade photo by Michael Key)

Some queer rights organizations have expressed concern that health agreements between the U.S. and more than a dozen African countries will open the door to further exclusion and government-sanctioned discrimination.

The Trump-Vance administration since December has signed five-year agreements with Kenya, Uganda, and other nations that are worth a total of $1.6 billion. 

Kenyan and Ugandan advocacy groups note the U.S. funding shift from NGO-led to a government-to-government model poses serious risks to LGBTQ people and other vulnerable populations in accessing healthcare due to existing discrimination based on sexual orientation.

Uganda Minority Shelters Consortium, Let’s Walk Uganda, the Kenya Human Rights Commission, and the Center for Minority Rights and Strategic Litigation note the agreements’ silence on vulnerable populations in accessing health care threatens their safety, privacy, and confidentiality.

“Many LGBTQ persons previously accessed HIV prevention and treatment, sexual and reproductive health services, mental health support, and psychosocial care through specialized clinics supported by NGOs and partners such as USAID (the U.S. Agency for International Development) or PEPFAR,” Let’s Walk Uganda Executive Director Edward Mutebi told Washington Blade.

He noted such specialized clinics, including the Let’s Walk Medical Center, are trusted facilities for providing stigma-free services by health workers who are sensitized to queer issues.    

“Under this new model that sidelines NGOs and Drop-in Centers (DICs), there is a high-risk of these populations being forced into public health facilities where stigma, discrimination, and fear of exposure are prevalent to discourage our community members from seeking care altogether, leading to late testing and treatment,” Mutebi said. “For LGBTQ persons already living under criminalization and heightened surveillance, the loss of community-based service delivery is not just an access issue; it is a full-blown safety issue.”

Uganda Minority Shelters Consortium Coordinator John Grace said it is “deeply troubling” for the Trump-Vance administration to sideline NGOs, which he maintains have been “critical lifelines” for marginalized communities through their specialized clinics funded by donors like the Global Fund and USAID. 

USAID officially shut down on July 1, 2025, after the White House dismantled it.

Grace notes the government-to-government funding framework will impact clinics that specifically serve the LGBTQ community, noting their patients will have to turn to public systems that remain inaccessible or hostile to them.

“UMSC is concerned that the Ugandan government, under this new arrangement, may lack both the political will and institutional safeguards to equitably serve these populations,” Grace said. “Without civil society participation, there is a real danger of invisibility and neglect.” 

Grace also said the absence of accountability mechanisms or civil society oversight in the U.S. agreement, which Uganda signed on Dec. 10, would increase state-led discrimination in allocating health resources.

Center for Minority Rights and Strategic Litigation Legal Manager Michael Kioko notes the U.S. agreement with Kenya, signed on Dec. 4, will help sustain the country’s health sector, but it has a non-binding provision that allows Washington to withdraw or withhold the funding at any time without legal consequences. He said it could affect key health institutions’ long-term planning for specialized facilities for targeted populations whose independent operations are at stake from NGOS the new agreement sidelines.

“The agreement does not provide any assurance that so-called non-core services, such as PrEP, PEP, condoms, lubricants, targeted HIV testing, and STI prevention will be funded, especially given the Trump administration’s known opposition to funding these services for key populations,” Kioko said.

He adds the agreement’s exclusionary structure could further impact NGO-run clinics for key populations that have already closed or scaled down due to loss of the U.S. funding last year, thus reversing hard-won gains in HIV prevention and treatment.  

“The socio-political implications are also dire,” Kioko said. “The agreement could be weaponized to incite discrimination and other LGBTQ-related health issues by anti-LGBTQ voices in the parliament who had called for the re-authorization of the U.S. funding (PEPFAR) funding in 2024, as a political mileage in the campaign trail.”

Even as the agreement fails to safeguard specialized facilities for key populations, the Kenya Human Rights Commission states continued access to healthcare services in public facilities will depend on the government’s commitment to maintain confidentiality, stigma-sensitive care, and targeted outreach mechanisms.

“The agreement requires compliance with applicable U.S. laws and foreign assistance policies, including restrictions such as the Helms Amendment on abortion funding,” the Kenya Human Rights Commission said in response to the Blade. “More broadly, funded activities must align with U.S. executive policy directives in force at the time. In the current U.S. context, where executive actions have narrowed gender recognition and reduced certain transgender protections, there is a foreseeable risk that funding priorities may shift.”

Just seven days after Kenya and the U.S. signed the agreement, the country’s High Court on Dec. 11 suspended its implementation after two petitioners challenged its legality on grounds that it was negotiated in secrecy, lacks proper parliamentary approval, and violates Kenyans’ data privacy when their medical information is shared with America. 

The agreement the U.S. and Uganda signed has not been challenged.

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European Union

European Parliament resolution backs ‘full recognition of trans women as women’

Non-binding document outlines UN Commission on the Status of Women priorities

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(Photo by nito/Bigstock)

The European Parliament on Feb. 12 adopted a transgender-inclusive resolution ahead of next month’s U.N. Commission on the Status of Women meeting.

The resolution, which details the European Union’s priorities ahead of the meeting, specifically calls for “the full recognition of trans women as women.”

“Their inclusion is essential for the effectiveness of any gender-equality and anti-violence policies; call for recognition of and equal access for trans women to protection and support services,” reads the resolution that Erin in the Morning details.

The resolution, which is non-binding, passed by a 340-141 vote margin. Sixty-eight MPs abstained.

The commission will meet in New York from March 10-21.

A sweeping executive order that President Donald Trump signed shortly after he took office for a second time on Jan. 20, 2025, said the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and dozens of other U.N. entities.

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