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LGBT rights advocates recount Moscow arrests

Elena Kostynchenko among 10 activists detained in Russian capital on Friday

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Red Square, Russia, Moscow, Kremlin, gay news, Washington Blade

Police on Feb. 7 arrested Elena Kostynchenko and nine other LGBT rights advocates in Moscow’s Red Square. (Photo by YAB994 via Wikimedia Commons)

One of the 10 LGBT rights advocates who was arrested in the Russian capital just before the opening ceremony of the 2014 Winter Olympics told the Washington Blade on Saturday that police officers beat and threatened to sexually assault them while in custody.

Elena Kostynchenko said during a telephone interview from Moscow that she and the other activists were arrested when they began singing the Russian national anthem in Red Square. The group that included Ulrika Westerlund and another member of the Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights held rainbow and Russian flags during the protest.

Kostynchenko told the Blade the officers handcuffed some of activists to a cage in which they placed her and the other protesters once they brought them to a nearby police station.

She said authorities beat one of them and choked another. Kostynchenko told the Blade that officers asked her and another female activist to go upstairs and perform oral sex on them – she noted they also made lewd comments about her body.

Kostynchenko further alleges an officer also spit in her face.

“They didn’t care about anything,” she said.

Westerlund told the Blade on Saturday she and her Swedish colleague were released about an hour after their arrest.

“Me and the other Swedish person didn’t have any especially bad treatment, but the Russians did,” she said.

Kostynchenko said the activists’ lawyer was not allowed into the police station. She added officers refused to give her their names when she told them she wanted to file a complaint against them.

“They said just get out of here,” she told the Blade.

All of the Russian LGBT rights activists have been released from custody. Kostynchenko told the Blade a local hospital treated four of them after they left the police station.

“[The police] didn’t care at all about what can happen to them later,” she said.

Authorities arrested Kostynchenko and the nine other advocates in Moscow hours after police in St. Petersburg took Anastasia Smirnova and three other LGBT rights activists into custody after they tried to march across a bridge holding a banner in support of the campaign that supports the inclusion of sexual orientation in the Olympic charter’s non-discrimination clause.

The St. Petersburg activists face charges of participating in an illegal public assembly. They are scheduled to appear in court on Feb. 17.

Smirnova told the Blade on Saturday that she and the three other activists faced additional harassment after their release. She said they spent three hours “in conversations with road police and other authorities” before they finally retrieved their car that had been towed.

Smirnova referenced an old Russian saying that roughly translates into English as “to bring the mess out from the house” as she discussed the Feb. 7 arrests in Moscow and St. Petersburg.

“It basically conveys the idea that whatever bad is happening, it is a ‘family’ thing and should be dealt with privately,” she told the Blade. “This is what the ill logic behind the wave of harsh detentions on Feb. 7 is.”

Russian President Vladimir Putin told ABC News’ George Stephanopoulos last month those who protest his government’s LGBT rights record during the Olympics will not face prosecution under the country’s controversial law that bans gay propaganda to minors. The International Olympic Committee has repeatedly said it has received assurances from the Kremlin that gays and lesbians will not suffer discrimination during the games that are taking place in the Black Sea resort city of Sochi.

Smirnova said she feels the Russian government is “preoccupied with making impressions, and will stop at no end to not let any ‘mess’ out from the house.”

“What they strangely fail to understand is that stifling critics – or anyone who has opinions – is revealing the reality in a much more powerful way than any protest demonstration,” she said.

The International Olympic Committee did not return the Blade’s request for comment on the arrests, but IOC Head of Media Relations Emmanuelle Moreau defended them in a statement to BuzzFeed.

“We understand that the protesters were quickly released,” said Moreau. “As in many countries in the world, in Russia, you need permission before staging a protest. We understand this was the reason that they were temporarily detained.”

The Blade’s attempts to seek comment from the Russian government were not successful.

“I think it’s because we’re gays,” said Kostynchenko as she discussed the Moscow arrests. “It’s because we’re like second-class citizens now in Russia, officially by law.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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