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White House silent on judicial nominee with anti-gay record

Boggs voted against marriage equality as Georgia state legislator

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Josh Earnest, White House, Barack Obama Administration, press, gay news, Washington Blade
Josh Earnest, White House, Barack Obama Administration, press, gay news, Washington Blade

White House Principal Deputy Press Secretary Josh Earnest has no comment on a judicial nominee with an anti-gay record. (Washington Blade file photo by Michael Key)

White House Principal Deputy Press Secretary Josh Earnest had no comment on Thursday regarding a controversial judicial nominee with an anti-gay record ā€” despite calls from progressive groups on President Obama to take back the selection.

Under questioning from The Huffington Post’s Jennifer Bendery, Earnest professed to have no knowledge of calls to remove Michael Boggs, whom President Obama tapped in December for a seat on the U.S. District Court for the Northern District of Georgia.

“I haven’t seen the statements from the groups that you mentioned,” Earnest said. “I’ll see if we can collect some more information and get back to you with a specific reaction.”

Earnest declined comment during the briefing after the White House for more than a week hasn’t responded to the Washington Blade’s request to comment on calls to remove Boggs.

Progressive groups say they’re troubled by Boggs because of his record as a state legislator in Georgia. Among his votes were against removing the Confederate emblem from Georgia’s state flag; in favor of a ā€œChoose Lifeā€ license plate that helped fund anti-abortion groups; and in favor of strengthening parental consent laws to require a photo ID and for parents to accompany daughters under the age of 18 to abortion clinics ā€” with no exception for rape or incest.

More relevant to the LGBT rights movement, Boggs in 2004 voted for legislation authorizing the referendum on the constitutional amendment to ban same-sex marriage in Georgia. It’s unclear whether he still holds that position, or, like many other lawmakers, he has since evolved to support marriage equality.

On Thursday, a group of 27 progressive groups ā€” including a trio of LGBT groups, the Human Rights Campaign, GetEQUAL Action, and the National Gay & Lesbian Task Force ā€” wrote to members of the Senate Judiciary Committee to urge them to reject Boggs.

“We believe that Boggsā€™s record on reproductive rights, civil rights, and LGBT rights is especially troubling in a nominee to the federal bench,” the letter states. “Litigants in Georgia, and the nation as a whole, deserve a judge whose commitment to equal justice is clear.”

A Senate aide said the committee doesn’t have all of the paperwork in for Boggs and hasn’t yet scheduled a confirmation hearing.

Boggs, who received his law degree in 1990 from Mercer Universityā€™s Walter F. George School of Law, has since 2012 served as a judge on the Georgia Court of Appeals.

In 2000, Boggs was elected as a Democrat to the Georgia State House, where he held office until 2004. From 2004 to 2012, he was a Superior Court Judge of the Waycross Judicial Circuit of the First Judicial Administrative District of Georgia of the Georgia Superior Court, where he established and presided over the courtā€™s felony drug court program.

Although the Task Force has already called on Obama to recall the nomination, the presence of HRC on the letter is notable because the organization had previously said it was awaiting Boggs’ hearing before making a judgment on the nominee.

Fred Sainz, vice president of communications for the Human Rights Campaign, said he had no comment Thursday on the White House’s continued silence and deferred questions about HRC’s change in position to the letter.

According to The Huffington Post, Obama’s choice of Boggs is part of a package deal struck between the president and Georgia’s two Republican senators, Saxby Chambliss and Johnny Isakson. Four of the six nominees are GOP picks, and just one is black, but the trade-off is that other Georgia nominees in the package will now move forward after years of going nowhere.

Obama faces requests to remove Boggs as he met with black civil rights leaders on Tuesday to discuss issues including criminal justice reform and income inequality.

Asked whether Boggs came up during these discussions, Earnest referred to a White House blog posting on the event without mentioning in the controversial judicial nominee.

“I think there’s a blog post available at whitehouse.gov about the conversations that the president had with those leaders,” Earnest said. “They talked about the Affordable Care Act, and work in communicating to the American public, and particularly to individuals in the African-American community, the potential benefits that are available to them at healthcare.gov, and some of the protections that were put in place for consumers because of the Affordable Care Act. I know they had conversations about some of the ideas to criminal justice reform that the president and the attorney general both discussed. In terms of specifics, I can’t go beyond that, in terms of whether or not a specific judicial nominee came up.”

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District of Columbia

25K people attend People’s March in D.C.

President-elect Donald Trump’s inauguration is on Monday

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The People's March was held downtown Washington on Jan. 18, 2025. (Washington Blade photo by Michael Key)

Upwards of 25,000 people attended the People’s March that took place in D.C. on Saturday.

Participants ā€” who protested against President-elect Donald Trump’s proposals they say would target transgender people, immigrants, women, and other groups ā€” gathered at McPherson and Farragut Squares and Franklin Park before they joined the march that ended at the Lincoln Memorial.

The Gender Liberation Movement is among the groups that sponsored the march. Dozens of other People’s Marches took place in cities across the country on Saturday.

Trump’s inauguration will take place in the U.S. Capitol Rotunda on Monday.

(Washington Blade photos by Michael Key and Michael K. Lavers)

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Cuba

Transgender woman who protested against Cuban government released from prison

Brenda DĆ­az among hundreds arrested after July 11, 2021, demonstrations

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Brenda DĆ­az (Photo courtesy of Ana MarĆ­a GarcĆ­a CalderĆ­n/Tremenda Nota)

A transgender woman with HIV who participated in an anti-government protest in Cuba in 2021 has been released from prison.

Luz Escobar, an independent Cuban journalist who lives in Madrid, on Saturday posted a picture of Brenda DĆ­az and her mother on her Facebook page.

“Brenda DĆ­az, a Cuban political prisoner from July 11, was released a few hours ago,” wrote Escobar.

Authorities arrested DĆ­az in GĆ¼ira de Melena in Artemisa province after she participated in an anti-government protest on July 11, 2021. She is one of the hundreds of people who authorities took into custody during and after the demonstrations.

A Havana court in 2022 sentenced DĆ­az to 14 years in prison. She appealed her sentence, but Cuba’s People’s Supreme Court upheld it.

Escobar in her Facebook post said authorities “forced” DĆ­az to “be in a men’s prison, one of the tortures she suffered.” Mariela Castro, the daughter of former Cuban President RaĆŗl Castro who directs the country’s National Center for Sexual Education, dismissed reports that DĆ­az suffered mistreatment in prison. A source in Cuba who spoke with the Washington Blade on Saturday said DĆ­az was held in a prison for people with HIV.

The Cuban government earlier this week began to release prisoners after President Joe Biden said the U.S. would move to lift its designation that the country is a state sponsor of terrorism. The Vatican helped facilitate the deal.

U.S. Sen. Marco Rubio (R-Fla.), who is Cuban American, on Wednesday criticized the deal during his confirmation hearing to become the next secretary of state. President-elect Donald Trump, whose first administration made the terrorism designation in January 2021, will take office on Monday.

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Federal Government

GLAAD catalogues LGBTQ-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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World AIDS Day 2023 at the White House (Washington Blade Photo by Michael Key)

GLAAD has identified and catalogued LGBTQ-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, ā€œIt is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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