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Court ruling deals blow to North Carolina anti-LGBT law

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Pat McCrory, Republican Party, South Carolina, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade

Gov. Pat McCrory (R-N.C.) has said he would comply with a court ruling in favor of Virginia transgender student. (Photo by Hal Goodtree; courtesy Wikimedia Commons)

A federal appeals court ruling in favor of a Virginia transgender student seeking to use school restrooms consistent with his gender identity constitutes a blow to North Carolina’s recently enacted anti-LGBT law, legal experts say.

Although the U.S. Fourth Circuit Court of Appeals decision pertains to a school district in Virginia, the case has bearing on House Bill 2 because the court also has jurisdiction over North Carolina along with Maryland, South Carolina and West Virginia. Legal experts say the decision has the effect of rendering unenforceable the component of HB 2 that prohibits transgender students from using school restrooms consistent with their gender identity.

Upon news of the decision, North Carolina Gov. Pat McCrory told reporters he would “make sure these court rulings are abided to,” but would need to consult with lawyers to verify the necessary approach.

“We’ve got to evaluate the impact of this court ruling on existing legislation, on existing policy that we have throughout North Carolina, and I will do just that,” McCrory said.

McCrory added he expects more action in the form of a petition for review to the U.S. Supreme Court, but meanwhile he needs to ascertain whether the ruling requires schools to allow transgender students to use public restrooms and locker rooms consistent with their gender identity, which would be contrary to House Bill 2.

“This is a major, major change in social norms not only to North Carolina, but also to the 27 other states that don’t allow this at this point in time,” McCrory said.

Signed into law last month by McCrory after an emergency session of the state legislature, HB 2 undoes all pro-LGBT non-discrimination ordinances in North Carolina, including one recently enacted in Charlotte, and prohibits transgender people from using public restrooms in schools and government buildings consistent with their gender identity.

But at the same time this law was passed, Gavin Grimm, a transgender student at Virginia’s Gloucester County High School, was appealing before the Fourth Circuit a lower court decision affirming the right of his school district’s policy barring him from using the boys restroom or locker room.

One friend-of-the-court brief was filed by the U.S. Justice Department, which argued the policy was in violation of Title IX of the Education Amendments of 1972. Another was filed by state leaders, including McCrory, and argued the court should rule in favor of the school district. Ultimately, the Fourth Circuit ruled in favor of Grimm and remanded the case to the trial court, establishing precedent in favor of transgender students.

Douglas NeJaime, faculty director of the Williams Institute at the University of California, Los Angeles, was among those saying the court decision makes unenforceable the component of HB 2 restricting bathroom use for transgender people in schools.

“The part of North Carolina’s bill that is specifically about bathrooms, or public accommodations, to the extent that they would apply to schools, which are subject to Title IX, then I think it’s suggesting in the North Carolina bill are unenforceable,” NeJaime said. “This would obviously apply to North Carolina because its in the Fourth Circuit, and the federal regulations would govern over any contrary state regulations.”

The next step in the process, NeJaime said, is for state attorneys and North Carolina Attorney General Roy Cooper, a Democrat who has refused to defend HB 2 in court, to declare that portion of the law unenforceable. If that doesn’t happen, or if Cooper and McCrory’s attorneys disagree, NeJaime said a federal court in North Carolina would make that declaration and clarify the language cannot be enforced.

“I would guess that the ACLU and Lambda attorneys would probably quite quickly file papers and ask for an injunction just on that issue fairly quickly, but then, of course, it would be up to how quickly things can be scheduled,” NeJaime said. “I would imagine that that would move forward on an accelerated schedule.”

Neither McCrory’s office nor Cooper’s responded to the Washington Blade’s request to comment late Tuesday on their determination for what the Fourth Circuit ruling means for HB 2.

Sarah Warbelow, legal director for the Human Rights Campaign, said in a statement the Fourth Circuit ruling immediately requires North Carolina to allow transgender students to use public restrooms consistent with their gender identity.

“This ruling not only gives appropriate deference to the Department of Education’s interpretation of Title IX as allowing transgender students to use school restrooms consistent with their gender identity, it also is binding on the state of North Carolina,” Warbelow said. “We therefore expect public schools, including those in North Carolina, to immediately comply, ensuring transgender students full protections under the law, which includes full access to the appropriate facilities.”

Legal groups — Lambda Legal, the American Civil Liberties Union, the ACLU of North Carolina — filed a lawsuit against HB 2 last month on the basis the law violates the equal protection and due process clauses under the Fourteenth Amendment of the U.S. Constitution and Title IX of the Education Amendments of 1972.

In a joint statement, the groups said the ruling has major implications on HB 2, but were more focused on the decision serving as an impetus for full repeal of the law.

“Today’s ruling makes plain that North Carolina’s House Bill 2 violates Title IX by discriminating against transgender students and forcing them to use the wrong restroom at school,” the statement says. “This mean-spirited law not only encourages discrimination and endangers transgender students – it puts at risk billions of dollars in federal funds that North Carolina receives for secondary and post-secondary schools. House Bill 2 exposes North Carolinians to discrimination and harm, is wreaking havoc on the state’s economy and reputation, and now more than ever, places the state’s federal education funding in jeopardy. We again call on Gov. McCrory and the General Assembly to repeal House Bill 2 and replace it with full nondiscrimination protections for LGBT people.”

Despite the different focuses of the statements, Warbelow told the Washington Blade the Human Rights Campaign and legal groups behind the lawsuit are on the same page.

“There’s no daylight between us,” Warbelow said. “North Carolina schools should follow Title IX immediately as underscored by Fourth Circuit decision. There still needs to be a full repeal of HB 2 to address its broad array of harms.”

But the ruling doesn’t have any impact on the portions of HB 2 prohibiting municipalities from enacting pro-LGBT non-discrimination ordinances, nor does it hold sway over the part that bars transgender people from using public restrooms in government buildings consistent with their gender identity.

NeJaime pointed out the Fourth Circuit ruling is based only on Title IX, which affects only students, and makes no headway into the whether equal protection and due process under the U.S. Constitution comes into play for any issue in HB 2.

“The only issue this ruling is tackling is access that trans people have to restrooms, and so the pre-emption of local non-discrimination ordinances isn’t at all impacted by this,” NeJaime added.

The district court reviewing the litigation challenging HB 2, NeJaime said, could elect to issue a more immediate ruling on use public restrooms for transgender students, but hold off until later to make a decision on other components of the law.

Although McCrory said the Gloucester County High School may seek to petition the U.S. Supreme Court for review, which could impact the result of the ruling on North Carolina, NeJaime said justices are unlikely to take action as a result of only one circuit court decision and no split among the others.

“Certainly, we saw in the marriage cases, there were cert petitions filed after preliminary injunction motions. We also saw that DOMA in litigation,” NeJaime said. “In all those cases, the court waited until there was more resolution.”

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Federal Government

Republicans attach five anti-LGBTQ riders to State Department funding bill

Spending package would restrict Pride flags on federal buildings, trans healthcare, LGBTQ envoys

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(Washington Blade photo by Michael Key)

As Congress finalizes its funding for fiscal year 2027, Republicans are attempting to include five anti-LGBTQ riders in the National Security and Department of State Appropriations Act.

A rider is an unrelated provision tacked onto a bill that must pass — in this instance, the bill provides funding for national security policy and for the State Department.

The riders range from restricting Pride flags in federal buildings to banning transgender healthcare, but all aim to limit the visibility and rights of LGBTQ Americans.

The five riders are:

Section 7067(a) prohibits Pride flags from being flown over federal buildings.

Section 7067(c) restricts the United States’ ability to appoint special envoys, representatives, or coordinators unless expressly authorized by Congress. These roles have historically been used to promote U.S. interests in international forums — including advancing human and LGBTQ and intersex rights and other policy priorities. The change would halt what the Congressional Equality Caucus describes as providing “critical expertise to U.S. foreign policy and leadership abroad.”

Section 7067(d) reinforces multiple anti-equality executive orders signed by President Donald Trump, effectively requiring that foreign assistance funded by the United States comply with those orders. This includes rescinding federal contractor nondiscrimination protections, including for LGBTQ people.

Section 7067(e) prohibits funding for any organization that provides or promotes medically necessary healthcare for trans people or “promotes transgenderism” — effectively banning funds for organizations that recognize trans people exist. This is despite the practice of gender-affirming care being supported by nearly every major medical association.

Section 7067(g) reinforces two global gag rules put forward by the Trump-Vance administration. One is the Trans Global Gag Rule, which prohibits foreign assistance funding for organizations that acknowledge the existence of trans people or advocate for nondiscrimination protections for them, among other activities. The second is the DEI Global Gag Rule, which prohibits foreign assistance funding for organizations that engage in efforts to address the ongoing effects of racism, sexism, and other forms of bigotry outside the United States.

The global gag rule has its roots in anti-abortion policy introduced by President Ronald Reagan in 1984, when the 40th president barred foreign organizations receiving U.S. global health assistance from providing information, referrals, or services for legal abortion, or from advocating for access to abortion services in their own countries. Planned Parenthood notes that the policy also affects programs beyond abortion, including efforts to expand access to contraception, prevent and treat HIV/AIDS, combat malaria, and improve maternal and child health.

If organizations funded by the State Department engage in these activities, they could lose funding.

This anti-LGBTQ push aligns with broader actions from the Trump-Vance administration since the start of Trump’s second term, which have focused on restricting human rights — particularly those of trans Americans.

The House Appropriations Committee is responsible for drafting the appropriations legislation. U.S. Rep. Tom Cole (R-Okla.) serves as chair, with U.S. Rep. Rosa DeLauro (D-Conn.) as ranking member. The committee includes 34 Republicans and 27 Democrats.

For FY27 appropriations, Congress is supposed to pass and have the president sign the funding bills by Sept. 30, 2026.

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The university that refuses to let go

Joanna Cifredo is a trans woman participating in University of Puerto Rico strike

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Joanna Cifredo outside the University of Puerto Rico campus in Mayagüez, Puerto Rico. (Washington Blade photo by Ignacio Estrada Cepero)

Over the past days, I have been walking with a question that refuses to leave me. Not the kind of question you answer from a desk or from a distance, but one that grows out of what you witness in real time, at the gates, in the faces of those who remain there without knowing how any of this will end. What is truly happening inside the University of Puerto Rico, and why have so many students decided to risk everything at a moment when they can least afford to lose anything.

I write as someone who lives just steps away from the Río Piedras campus. These days, the silence has replaced the constant movement that once defined this space. The absence is felt in every corner where students used to pass at all hours. Since arriving in Puerto Rico three years ago, I have come to know firsthand stories that rarely make it into reports or official statements. One of the reasons I chose to stay was precisely this, to serve the university community, to help create a space where students could find something as basic as a safe meal at night and, in some way, ease burdens that are often carried in silence.

I have listened, asked questions, and tried to understand without imposing answers. What I have found is not a collective outburst or a generational whim. What exists is a fracture, a deep break between those making decisions and those living with their consequences every single day.

There has been an effort to reduce this strike to an issue of order, scheduling, or academic disruption. Conversations revolve around missed classes, delayed semesters, and students supposedly unaware of the consequences of their actions. What is rarely addressed are the conditions that lead an entire student body to pause its own future to sustain a protest that offers no guarantees.

Because that is the reality. These are students who fully understand what they are risking, and yet they remain. When someone reaches that point, the least they deserve is not judgment, but to be heard.

From the outside, there have also been attempts to discredit what is happening. Familiar narratives are repeated, legitimacy is questioned, and doubt is cast over intentions. It is easier to do that than to acknowledge that this did not begin at the gates, but long before, in decisions made without building trust.

And something must be said clearly. This is not limited to the gates of Río Piedras. What we are witnessing extends across every unit of the University of Puerto Rico system. Mayagüez, Ponce, Arecibo, Bayamón, Cayey, Humacao, Carolina, Aguadilla, Utuado, and the Medical Sciences Campus. This is not an isolated reaction. It is a movement that runs through the entire institution. Río Piedras may be more visible, but it is not alone. What is happening there reflects a broader unrest felt across the system.

Within that context, one demand has grown increasingly present, the call for the resignation of University of Puerto Rico President Zayira Jordán Conde. This is not the voice of a small group. It reflects a deeper level of mistrust that has spread across multiple campuses.

The Puerto Rican Association of University Professors has also made it clear that this is not solely a student issue. There is real concern among faculty, and a shared recognition of the conditions currently shaping the university. When students and professors arrive at the same conclusion, the problem can no longer be minimized.

Meanwhile, the administration continues to speak in the language of dialogue. But dialogue is not a word, it is a practice. And when trust has been broken, it cannot be restored through statements alone, but through decisions that prove a willingness to truly listen.

In the midst of all of this, there are voices that cannot be ignored. Voices grounded not in theory, but in lived experience. One of them is Joanna Cifredo, a student at the Mayagüez campus, a young Puerto Rican trans woman, and someone widely recognized for her advocacy.

I spoke with her in recent days. What follows is her voice, exactly as it is.

How would you describe what is happening inside the University of Puerto Rico right now, beyond what people see from the outside?

Estamos viviendo momentos muy difíciles, en el sentido de que hay mucha incertidumbre y una presión constante por parte de la administración para reabrir el recinto, pero, entre todo el caos e inestabilidad provocado por las decisiones de esta administración, también hemos vivido momentos muy poderosos. Esta lucha ha sacado lo mejor de nuestra comunidad.

Lo vimos en las asambleas y plenos, donde 1,500, 1,700, hasta 1,800 estudiantes llegaron —bajo lluvia, bajo advertencias de inundaciones— y aun así se quedaron, participaron y votaron a favor de una manifestación indefinida hasta que se atiendan nuestros reclamos.

He conocido a tantas personas en los diferentes portones, estudiantes graduados, aletas, estudiantes de intercambio, estudiantes de todo tipo de concentraciones y se unieron para apoyar el movimiento estudiantil. Estudiantes que vienen a los portones después del trabajo o antes de trabajar. Estudiantes que vienen a dejar agua y suministros entre turnos de trabajo. Viejitos que vienen a los portones con desayuno, almuerzo o cena.

Más allá de lo que se ve desde afuera, lo que estamos viviendo es una mezcla de tensión y resistencia, pero también de comunidad, solidaridad y compromiso colectivo.

Much of what is discussed remains at the level of headlines or social media. From your direct experience, what specific decisions or actions from the administration have led to this level of mobilization?

Desde el inicio, la designación de la Dra. Zayira Jordán Conde careció de respaldo dentro de la comunidad universitaria. No contaba con experiencia administrativa en la UPR ni con un conocimiento básico de nuestros procesos, cultura y reglamentos. Por eso, en asamblea, el estudiantado votó para solicitarle a la Junta de Gobierno que no considerara su candidatura, y múltiples organizaciones docentes hicieron lo mismo. Existía un consenso amplio de que no tenía la experiencia necesaria para liderar una institución como la nuestra.

A pesar de ese rechazo claro, la Junta de Gobierno decidió ignorar los reclamos de la comunidad universitaria e imponer su nombramiento.

Una vez en el cargo, su estilo de gobernanza ha sido poco transparente y poco colaborativo. Sin embargo, el detonante principal de la movilización en el Recinto Universitario de Mayagüez fue su decisión de destituir, de manera unilateral y en medio del semestre, a cinco rectores, incluyendo al nuestro, el Dr. Agustín Rullán Toro, para reemplazarlo por un rector interino, el Dr. Miguel Muñoz Muñoz.

Esta acción, tomada de forma abrupta, provocó de inmediato un clima de caos e inestabilidad dentro de la institución. Y deja una pregunta inevitable: ¿no anticipó el impacto de esa decisión, lo que evidenciaría una falta de experiencia? ¿O lo anticipó y aun así decidió proceder? No está claro cuál de las dos es más preocupante.

Además, esta decisión tuvo consecuencias concretas para el estudiantado, incluyendo el retiro de becas educativas para nuevos integrantes del RUM por parte de la Fundación Ceiba, que calificó la movida como “sorprendente” y “preocupante”. Decisiones impulsivas como la que tomó la presidenta ponen en peligro la estabilidad de nuestra institución y la acreditación de la universidad.

As a trans woman within this movement, how does your identity intersect with what is happening, and why does this also shape the future of people like you?

Soy una de varias chicas trans que formamos parte activa de este movimiento estudiantil.

For those outside the UPR who believe this does not affect them, what are the real consequences of this crisis?

La Universidad de Puerto Rico se fundó para servir al pueblo.

It is impossible to overstate the role the University of Puerto Rico and its students have played in shaping the social, cultural, and economic life of this country. Its impact extends into science, medicine, and every profession that has sustained Puerto Rico over time. No other educational institution has contributed more.

After listening to her, one thing becomes undeniable. This is not just another protest, but a generation refusing to let go of what little remains within its reach. And when a generation reaches that point, the issue is no longer the strike, the issue becomes the country itself.

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National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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