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DOJ seeks (even more) clarity on anti-trans court order

Obama administration says scope of injunction should be limited

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shooting deaths, gay news, Washington Blade
shooting deaths, gay news, Washington Blade

The Justice Department is seeking clarification of an anti-trans court order.

Weeks after an order from a federal judge barring the enforcement of Obama administration guidance prohibiting discrimination against transgender students in schools, the U.S. Justice Department is seeking clarification of the order and arguing its scope should be limited.

In a 32-page filing — submitted Monday and signed by Principal Deputy Attorney General for the Civil Division Benjamin Mizer, who’s gay, and other U.S. attorneys — the Justice Department says the order could be construed “to extend well beyond the appropriate scope of potential relief” and seeks verification the order should be limited to the guidance.

“The preliminary injunction thus may have unintended effects on the ability of the executive branch to carry out the duties and obligations assigned to it by Congress in other settings, under other statutes, and outside the plaintiff states, and would undermine the agencies’ ability to protect individuals from forms of discrimination that are not at issue in this case,” the filing says.

Among other things, the filing calls on the court to clarify the order is limited to federal law on education, not employment; permits the federal government to urge courts to adopt its interpretation of civil rights law; and maintains activities at the Department of Labor. Additionally, the filing calls on the court to allow the U.S. Equal Employment Opportunity Commission, the U.S. agency charged with enforcing workplace non-discrimination law, to perform duties to protect transgender people from discrimination.

“[T]he EEOC serves as a gatekeeper for an individual’s federal complaints of employment discrimination, because some of its actions in the administrative charge process have been deemed by the courts to be prerequisites to suit for charging parties,” the filing says. “Therefore, nonperformance of these actions by the EEOC could result in depriving individuals of their right to pursue relief on their own behalf in court.”

U.S. District Judge Reed O’Connor, an appointee of George W. Bush, issued the order against joint guidance from the Departments of Education and Justice prohibiting school discrimination against transgender students, including in restroom use, as a result litigation led by Texas Attorney General Ken Paxton on behalf of 12 states.

But the order in far-reaching language says the federal government is “enjoined from initiating, continuing, or concluding any investigation based on Defendants’ interpretation that the definition of sex includes gender identity in Title IX’s prohibition against discrimination on the basis of sex.”

As a result of the request for clarification, O’Connor gave Paxton a deadline of Sept. 19 to file a response and the Justice Department a deadline of Sept. 23 to submit a reply.

The Justice Department filling comes on the heels of an earlier filing late last month from the Obama administration seeking clarification the order doesn’t bar the federal government from participating in litigation alleging anti-trans discrimination. Among these lawsuits is a case filed filed in March 2015 alleging the Southeastern Oklahoma State University discriminated transgender English professor Rachel Tudor because of her gender identity.

In a separate filing on Monday, Tudor seeks to intervene in the case on the basis that its outcome could affect her litigation against Southeastern Oklahoma State University.

“If this court determines that the Texas Injunction enjoins any aspect of the Oklahoma Litigation, then Dr. Tudor’s putative Complaint in Intervention raises a claim that shares with the main action a common question of law or fact insofar as she seeks relief from the Texas Injunction and any further efforts by Plaintiffs to re-litigate issues and otherwise interfere with proceedings in the Oklahoma Litigation,” the filing says.

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National

Madonna turns Times Square into massive dance floor

Pop icon celebrates Pride month with surprise performance

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Madonna surprised New York fans with an impromptu show in Times Square. (Photo by Alex Antonioni; courtesy Warner Records)


Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.

She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”

In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream. 

Madonna performs in Times Square on Thursday. (Photo by Alex Antonioni; courtesy Warner Records)
(Photo by Ricardo Gomes; courtesy Warner Records)

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National

Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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