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Supreme Court may take up new LGBT cases May 1

One case challenges ‘ex-gay’ therapy ban, other seeks gender reassignment for trans inmate

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Supreme Court of the United States of America, gay news, Washington Blade

Supreme Court, gay news, Washington Blade

The U.S. Supreme Court may decide to take up new LGBT cases on May 1. (Washington Blade file photo by Michael Key)

The U.S. Supreme Court may decide to take up new cases related to LGBT rights — one a challenge to a state’s ban on “ex-gay” therapy, the other seeking gender reassignment surgery for a transgender inmate — during an upcoming conference on May 1.

The first case is King v. Christie, a challenge filed by the anti-gay Liberty Counsel against New Jersey’s prohibition on conversion therapy to minors, which was signed into law by Gov. Chris Christie. The U.S. Third Circuit Court of Appeals upheld the constitutionality of the statute, prompting a petition before the Supreme Court.

The second case is Kosilek v. O’Brien, a lawsuit filed by the New England-based Gay & Lesbian Advocates Defenders challenging the Massachusetts Department of Corrections’ decision to withhold gender reassignment surgery to Michelle Kosilek, a transgender inmate who’s incarcerated for the murder of her spouse. The U.S. First Circuit Court of Appeals in an “en banc” ruling affirmed the state’s ability to deny her the procedure.

Both cases were listed as docketed for the May 1 conference on the Supreme Court’s website. It takes a vote of four justices to grant a writ of certiorari (or to decide to take up a case). Given the lateness of the current term, in the event the court agree to hear the cases, they’re unlikely to issue rulings before the term is out in June.

The conference will come days after the Supreme Court will hear oral arguments on April 28 in high-profile cases seeking the right of same-sex couples to marry across the nation.

h/t Equality on Trial

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The White House

Trump bars trans women and girls from sports

The administration reversed course on the Biden-Harris policy on Title IX

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump on Wednesday issued another executive order taking aim at the transgender community, this time focusing on eligibility for sports participation.

In a signing ceremony for “Keeping Men Out of Women’s Sports” in the East Room of the White House, the president proclaimed “With this executive order, the war on women’s sports is over.”

Despite the insistence by Trump and Republicans that trans women and girls have a biological advantage in sports over cisgender women and girls, the research has been inconclusive, at best.

A study in the peer reviewed Sports Medicine journal found “no direct or consistent research” pointing to this conclusion. A different review in 2023 found that post-pubertal differences are “reduced, if not erased, over time by gender affirming hormone therapy.”

Other critics of efforts to exclude trans student athletes have pointed to the small number of people who are impacted. Charlie Baker, president of the National Collegiate Athletic Association, testified last year that fewer than 10 of the NCAA’s 522,000+ student athletes identify as trans.

The Trump-Vance administration has reversed course from the Biden-Harris administration’s policy on Title IX rules barring sex-based discrimination.

“If you’re going to have women’s sports, if you’re going to provide opportunities for women, then they have to be equally safe, equally fair, and equally private opportunities, and so that means that you’re going to preserve women’s sports for women,” a White House official said prior to the issuance of the order.

Former President Joe Biden’s Title IX rules, which went into effect last year, clarified that pursuant to the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), sex-based discrimination includes that which is based on the victim’s sexual orientation or gender identity.

The White House official indicated that the administration will consider additional guidance, regulations, and interpretations of Title IX, as well as exploring options to handle noncompliance by threatening federal funding for schools and education programs.

White House Press Secretary Karoline Leavitt told reporters that Trump “does expect the Olympic Committee and the NCAA to no longer allow men to compete in women’s sports.”

One of the first legislative moves by the new Congress last month was House Republicans’ passage of the “Protection of Women and Girls in Sports Act,” which would ban trans women and girls from participating in competitive athletics.

The bill is now before the U.S. Senate, where Republicans have a three-seat majority but would need 60 votes to overcome the filibuster.

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Congress

House Dems urge OPM not to implement anti-trans executive order

Authors were Dem. U.S. Reps. Mark Takano (Calif.), Jamie Raskin (Md.), and Gerald Connolly (Va.)

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Rep. Mark Takano (D-Calif.) (Washington Blade photo by Michael Key)

Three House Democrats including Congressional Equality Caucus Chair Mark Takano (Calif.) issued a letter on Wednesday urging the Office of Personnel Management to not implement President Donald Trump’s anti-trans executive order, “Defending women from gender ideology extremism and restoring biological truth to the federal government.”

Also signing the letter were U.S. Rep. Jamie Raskin (Md.), ranking member of the House Judiciary Committee, and U.S. Rep. Gerald Connolly (Va.), ranking member of the House Oversight Committee.

The lawmakers wrote the order “unlawfully attacks the civil rights of transgender Americans” while the White House’s corresponding memo and guidance “implements unlawful discrimination by the federal government against transgender people in the civil service and the provision of federal services.”

Specifically, they call unconstitutional the directive for agencies to “end all programs, contracts, grants, positions, documents, directives, orders, regulations, materials, forms,
communications, statements, plans, and training that ‘inculcate’ or ‘promote’ ‘gender
ideology’—which the Executive Order defines broadly to encompass acknowledging the simple
existence of transgender people and gender identity.”

“We are deeply alarmed by these and other actions the Trump Administration has taken in its first few weeks to eliminate all government support for the transgender community, including efforts designed to enforcing the rights and support the health of transgender individuals,” the congressmen wrote.

They added, “We are also appalled by the Administration’s attempts to weaponize federal agencies to target the transgender community for discrimination and exclusion. These actions contradict federal law, Supreme Court precedent, and most importantly the Constitution’s guarantee of equal protection under the law.”

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Africa

Suspension of US aid forces PEPFAR-funded programs in Africa to close down

Funding freeze is ‘matter of life and death’

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(Bigstock photo)

The suspension of nearly all U.S. foreign aid has forced a number of programs that the President’s Emergency Plan for AIDS Relief funds in Africa to shut down.

Secretary of State Marco Rubio on Jan. 24 directed State Department personnel to stop nearly all U.S. foreign aid spending for 90 days in response to an executive order that President Donald Trump signed after his inauguration. Rubio later issued a waiver that allows PEPFAR and other “life-saving humanitarian assistance” programs to continue operating after bowing to pressure.

A message on the U.S. Agency for International Development’s website notes “all USAID direct hire personnel will be placed on administrative leave globally, with the exception of designated personnel responsible for mission-critical functions, core leadership, and specially designated programs.” The announcement is scheduled to take place on Friday at 11:59 p.m. ET.

One of the PEPFAR-funded healthcare programs in Kenya still impacted by the funding freeze, despite Rubio’s waiver, is the Fahari ya Jamii (“joy of the community” in Swahili) initiative that began in 2022. The University of Nairobi was jointly implementing the project.

The Sh4.2 billion ($32,558,139.52) project sought to coordinate and manage high quality, cost-effective, and accessible HIV services in Nairobi, neighboring Kajiado County, and other parts of Kenya. Fahari ya Jamii was scheduled to end in May 2026, but it has closed indefinitely because of a lack of U.S. funding.

More than 700 staff, mostly healthcare workers, on Jan. 31 were placed on unpaid leave for three months, or until Washington decides whether to unfreeze funding. More than 150 Fahari ya Jamii clinics that offer HIV treatment to at least 72,000 people on antiretroviral drugs have also shut down.

The initiative’s target groups include children, adolescents, and adults living with HIV; young people, men, and women at risk of HIV; and key populations that include men who have sex with men and female sex workers.  Fahari ya Jamii since 2022 has offered HIV tests to more than 257,500 people, connected 94 percent of those who tested positive to treatment, distributed condoms and lubricants, and disseminated safter sex messages to their target groups.

Faith Ndung’u, advocacy manager for Kenya’s Health NGOs’ Network (HENNET) said the Trump-Vance administration should have used a humane approach to engage with countries that benefit from U.S. funding, instead of abruptly suspending it.

“We are feeling the magnitude of the suspension in the health sector because these are lives; these are people,” said Ndung’u. “When such an abrupt decision is made, we are talking about more than one million people living with HIV being affected.”

HENNET is an umbrella group with 112 members from local and international NGOs, faith-based organizations, and research institutions that focus on health-related issues in Kenya’s 47 local governments.

“This is now a wakeup call for Kenya and Africa to invest in the health sector by funding it more not to be in a similar crisis when a donor pulls out or forfeits his commitment,” Ndung’u said.  

Local governments that also rely on USAID to run PEPFAR programs have suspended their U.S.-funded activities and phased out the stand-alone comprehensive HIV care centers by integrating treatment and care into general health care services. This move has forced hundreds of health care workers to go onto unpaid leave and wait for further guidance.

Pema Kenya, a Mombasa-based queer lobby group, said the decision to suspend funding means “uncertain times” for the LGBTQ community and Kenyans at large who depend upon U.S.-funded groups for their health care.

“Many queer organizations rely heavily on USAID funding for vital services such as HIV/AIDS prevention and treatment, mental health support, and legal aid,” Pema Kenya stated.

Pema Kenya noted the suspension of U.S. aid could severely cripple queer organizations and leave vulnerable people with limited access to crucial resources.

“This would be a significant setback in the fight against HIV/AIDS and other health crises disproportionately affecting the LGBTQ+ community,” Pema Kenya stated.   

GALCK, a coalition of 16 Kenyan LGBTQ rights groups, was even more blunt.

“This isn’t just a policy decision; it’s a matter of life and death,” it said in a statement.

OUT and Engage Man’s Health — two South African organizations that provide HIV services to MSM, transgender people, sex workers, and other vulnerable groups through PEPFAR — have also been impacted by the U.S. funding freeze.

OUT and Engage Man’s Health, which provides HIV services to MSM, announced on Jan. 27 that it will stop offering services “until further notice” due to a lack of funding. The organization asked its clients to seek services from the nearest public health facilities.

“We deeply value our clients and remain committed to safeguarding your health,” said the announcement. “We sincerely apologize for the inconvenience and disruption this may cause. Unfortunately, we are unable to provide further details at this time.”

Kenya and most other African countries have said a permanent suspension of U.S. aid will adversely impact progress made in the health sector, particularly the fight against HIV/AIDS. Botswana and some other nations on the continent that use their national budgets to purchase antiretroviral drugs, have assured their citizens the supply of these medications will not be interrupted.

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