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DOJ slammed for ducking on trans exclusion in ADA

Obama administration says resolution to case based on Title VII the right approach

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scales of justice, gay news, Washington Blade

The Justice Department ducked on whether the trans exclusion in ADA is unconstitutional. (Photo by Mbiama via Wikimedia Commons)

As civil rights advocates celebrate the 25th anniversary enactment of the Americans with Disabilities Act, one New England-based LGBT group is criticizing the Obama administration for ducking on the issue of whether the transgender exclusion in the law is unconstitutional.

Gay & Lesbian Advocates & Defenders took the Justice Department to task in a statement last week for declining to weigh in on the explicit transgender exclusion written into the 1990 law.

The ADA prohibits discrimination on the basis of disability in employment, public accommodations and other areas, but the law explicitly states it doesn’t include “transvestism, transsexualism, pedophilia, exhibitionism, voyeurism [and] gender identity disorders not resulting from physical impairments or other sexual behavior disorders.”

Jennifer Levi, director of GLAD’s trans rights project, said the Justice Department’s decision to avoid the trans exclusion in a statement of interest filed on July 21 is “surprising and disappointing.”

“Given the rank animus behind it, the exclusion serves to marginalize and stigmatize a minority group that the DOJ has recognized needs and deserves legal protections,” Levi said.

Kate Lynn Blatt, a transgender employee at the hunter gear Cabela’s Retail, filed a discrimination claim against her employer under both Title VII of the Civil Rights Act of 1964, on the grounds the store discriminated against her based on her sex; and the ADA, on the basis the store refused to reasonably accommodate her by denying her use of a restroom consistent with her gender identity and the ability to wear a nametag with her correct name. Blair also endured harassment from supervisors and co-workers and was abruptly terminated in 2007.

In a four-page statement of interest signed by trial attorney Emily Nestler, the Justice Department asks the court to hold off on determining the constitutionality of ADA’s trans exclusion until the challenge on the basis of Title VII is resolved.

“The United States respectfully requests that the Court defer ruling upon Plaintiff’s constitutional challenge to the GID Exclusion until after the Title VII claims are resolved, as disposition of Plaintiff’s Title VII claims could resolve this case without the need to reach the constitutionality of the GID Exclusion,” the filing says. “Should the Court later determine that the constitutional issue cannot be avoided, the United States respectfully reserves the right to intervene or file a supplemental statement of interest at that time.”

In 2012, the U.S. Equal Employment Opportunity Commission determined in the case of Macy v. Holder the gender provision under Title VII applies to workplace discrimination against people for being transgender. In a statement in December, the Justice Department followed suit, saying the U.S. government would no longer deny the law covers gender-identity discrimination.

Levi added the filing has two silver linings: the reassertion that Title VII prohibits workplace discrimination against transgender people and language that enables the Justice Department to revisit the trans exclusion at a later time.

“While we acknowledge these bright spots, the problem created by the ADA exclusion remains,” Levi said. “Congress excluded transgender people from the protections of the ADA because of the stigma associated with gender dysphoria. As long as the transgender exclusion remains within the law, the ADA fails in its promise to create a level playing field in employment for all people capable of doing the job.”

The U.S. Justice Department deferred to its filing in the case in response to the Washington Blade’s request to comment on GLAD’s criticism.

Representing Blatt is Sidney Gold, Neelima Vanguri and Brian Farrell of the Philadelphia-based Sidney L. Gold & Associates. Along with Law Professor Kevin Barry of Quinnipiac University, GLAD and other trans rights groups filed a friend-of-the-court brief in January arguing by maintaining the trans exclusion, the ADA perpetrates the kind of discrimination it seeks to dismantle.

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District of Columbia

New interim D.C. police chief played lead role in security for WorldPride

Capital Pride says Jeffery Carroll had ‘good working relationship’ with organizers

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New interim D.C. Police Chief Jeffery Carroll (Screen capture via FOX 5 Washington DC/YouTube)

Jeffery Carroll, who was named by D.C. Mayor Muriel Bowser on Dec. 17 as the city’s  Interim Chief of Police, played a lead role in working with local LGBTQ community leaders in addressing public safety issues related to WorldPride 2025, which took place in D.C. last May and June

“We had a good working relationship with him, and he did his job in relation to how best the events would go around safety and security,” said Ryan Bos, executive director of Capital Pride Alliance.  

Bos said Carroll has met with Capital Pride officials in past years to address security issues related to the city’s annual Capital Pride parade and festival and has been supportive of those events.  

At the time Bowser named him Interim Chief, Carroll had been serving since 2023 as Executive Assistant Chief of Specialized Operations, overseeing the day-to-day operation of four of the department’s bureaus. He first joined the D.C. Metropolitan Police Department in 2002 and advanced to multiple leadership positions across various divisions and bureaus, according to a statement released by the mayor’s office.

“I know Chief Carroll is the right person to build on the momentum of the past two years so that we can continue driving down crime across the city,” Bowser said in a statement released on the day she announced his appointment as Interim Chief.

“He has led through some of our city’s most significant public safety challenges of the past decade, he is familiar with D.C. residents and well respected and trusted by members of the Metropolitan Police Department as well as our federal and regional public safety partners,” Bowser said.

“We have the best police department in the  nation, and I am confident that Chief Carroll will meet this moment for the department and the city,” Bowser added.

But Bowser has so far declined to say if she plans to nominate Carroll to become the permanent police chief, which requires the approval of the D.C. City Council. Bowser, who announced she is not running for re-election, will remain in office as mayor until January 2027.

Carroll is replacing outgoing Chief Pamela Smith, who announced she was resigning after two years of service as chief to spend more time with her family. She has been credited with overseeing the department at a time when violent crime and homicides declined to an eight-year low.

She has also expressed support for the LGBTQ community and joined LGBTQ officers in marching in the WorldPride parade last year.  

But Smith has also come under criticism by members of Congress, who have accused the department of manipulating crime data allegedly showing lower reported crime numbers than actually occurred. The allegations came from the Republican-controlled U.S. House Oversight Committee and the U.S. Justice Department 

Bowser has questioned the accuracy of the allegations and said she has asked the city’s Inspector General to look into the allegations.   

Meanwhile, a spokesperson for the D.C. police Office of Public Affairs did not immediately respond to a question from the Washington Blade about the status of the department’s LGBT Liaison Unit. Sources familiar with the department have said a decline in the number of officers currently working at the department, said to be at a 50-year low, has resulted in a decline in the number of officers assigned to all of the liaison units, including the LGBT unit.  

Among other things, the LGBT Liaison Unit has played a role in helping to investigate hate crimes targeting the LGBTQ community. As of early Wednesday an MPD spokesperson did not respond to a question by the Blade asking how many officers are currently assigned to the LGBT Liaison Unit.  

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Arts & Entertainment

2026 Most Eligible LGBTQ Singles nominations

We are looking for the most eligible LGBTQ singles in the Washington, D.C. region.

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We are looking for the most eligible LGBTQ singles in the Washington, D.C. region.

Are you or a friend looking to find a little love in 2026? We are looking for the most eligible LGBTQ singles in the Washington, D.C. region. Nominate you or your friends until January 23rd using the form below or by clicking HERE.

Our most eligible singles will be announced online in February. View our 2025 singles HERE.

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Colombia

Gay Venezuelan man who fled to Colombia uncertain about homeland’s future

Heberth Aguirre left Maracaibo in 2018

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Heberth Aguirre is a gay man and activist from the Venezuelan city of Maracaibo who has lived in Colombia since 2018. (Washington Blade photo by Michael K. Lavers)

BOGOTÁ, Colombia — A gay Venezuelan man who has lived in Colombia since 2018 says he feels uncertain about his homeland’s future after the U.S. seized now former Venezuelan President Nicolás Maduro.

“On one hand I can feel happy, but on the other hand I feel very concerned,” Heberth Aguirre told the Washington Blade on Tuesday during an interview at a shopping mall in Bogotá, the Colombian capital.

Aguirre, 35, is from Maracaibo, Venezuela’s second-largest city that is the heart of the country’s oil industry.

He developed cultural and art initiatives for the Zulia State government.

“Little by little, I suddenly became involved in politics because, in a way, you had to be involved,” recalled Aguirre. “It was necessary to be involved because the regime often said so.”

“I basically felt like I was working for the citizens, but with this deeply ingrained rule we had to be on their side, on the side of the Maduro and (former President Hugo) Chávez regime,” he added.

Maduro in 2013 became Venezuela’s president after Chávez died.

“There are things I don’t support about the regime,” Aguirre told the Blade. “There are other things that were nice in theory, but it turned out that they didn’t work when we put them into practice.”

Aguirre noted the Maduro government implemented “a lot of laws.” He also said he and other LGBTQ Venezuelans didn’t “have any kind of guarantee for our lives in general.”

“That also exposed you in a way,” said Aguirre. “You felt somewhat protected by working with them (the government), but it wasn’t entirely true.”

Aguirre, 35, studied graphic design at the University of Zulia in Maracaibo. He said he eventually withdrew after soldiers, members of Venezuela’s Bolivarian National Guard, and police officers opened fire on students.

“That happened many times, to the point where I said I couldn’t keep risking my life,” Aguirre told the Blade. “It hurt me to see what was happening, and it hurt me to have lost my place at the university.”

Venezuela’s economic crisis and increased insecurity prompted Aguirre to leave the country in 2018. He entered Colombia at the Simón Bolívar Bridge near the city of Cúcuta in the country’s Norte de Santander Province.

“If you thought differently, they (the Venezuelan government) would come after you or make you disappear, and nobody would do anything about it,” said Aguirre in response to the Blade’s question about why he left Venezuela.

The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)

Aguirre spoke with the Blade three days after American forces seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.

The Venezuelan National Assembly on Sunday swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.

President Donald Trump on Tuesday in a Truth Social post said Venezuela’s interim authorities “will be turning over between 30 and 50 million barrels of high quality, sanctioned oil, to the United States of America.”

“This oil will be sold at its market price, and that money will be controlled by me, as president of the United States of America, to ensure it is used to benefit the people of Venezuela and the United States,” wrote Trump.

Trump on Sunday suggested the U.S. will target Colombian President Gustavo, a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s.

Petro has urged Colombians to take to the streets on Wednesday and “defend national sovereignty.” Claudia López, a former senator who would become the country’s first female and first lesbian president if she wins Colombia’s presidential election that will take place later this year, is among those who criticized Trump’s comments.

“Let’s be clear: Trump doesn’t care about the humanitarian aspect,” said Aguirre when the Blade asked him about Trump. “We can’t portray him as Venezuela’s savior.”

Meanwhile, Aguirre said his relatives in Maracaibo remain afraid of what will happen in the wake of Maduro’s ouster.

“My family is honestly keeping quiet,” he said. “They don’t post anything online. They don’t go out to participate in marches or celebrations.”

“Imagine them being at the epicenter, in the eye of the hurricane,” added Aguirre. “They are right in the middle of all the problems, so it’s perfectly understandable that they don’t want to say anything.”

‘I never in my life thought I would have to emigrate’

Aguirre has built a new life in Bogotá.

He founded Mesa Distrital LGBTIQ+ de Jóvenes y Estudiantes, a group that works with migrants from Venezuela and other countries and internally placed Colombians, during the COVID-19 pandemic. Aguirre told the Blade he launched the group “with the need to contribute to the general population, not just in Colombia.”

Aguirre met his husband, an American from California, at a Bogotá church in December 2020 during a Christmas event that SDA Kinship Colombia, an LGBTQ group, organized. A Utah judge virtually officiated their wedding on July 12, 2024.

“I love Colombia, I love Bogotá,” said Aguirre. “I love everything I’ve experienced because I feel it has helped me grow.”

He once again stressed he does not know what a post-Maduro Venezuela will look like.

“As a Venezuelan, I experienced the wonders of that country,” said Aguirre. “I never in my life thought I would have to emigrate.”

The Colombian government’s Permiso por Protección Temporal program allows Aguirre and other Venezuelans who have sought refuge in Colombia to live in the country for up to 10 years. Aguirre reiterated his love for Colombia, but he told the Blade that he would like to return to Venezuela and help rebuild the country.

“I wish this would be over in five years, that we could return to our country, that we could go back and even return with more skills acquired abroad,” Aguirre told the Blade. “Many of us received training. Many of us studied a lot. We connected with organizations that formed networks, which enriched us as individuals and as professionals.”

“Returning would be wonderful,” he added. “What we’ve built abroad will almost certainly serve to enrich the country.”

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