National
Another court rules anti-gay bias barred under current law
Gay employee called ‘fag’ before being forced to resign
A federal court in Pennsylvania has become the latest to determine discrimination against gay people in the workplace is barred under current law, despite the lack of explicit protections in U.S. code based on sexual orientation.
In a 14-page decision announced on Friday, U.S. District Judge Cathy Bissoon, an Obama appointee, rejected a request to dismiss a case filed by the U.S. Equal Employment Opportunity Commission on behalf of Dale Baxley, a former telemarketer at the Pittsburgh-based Scott Medical Health Center who says he was harassed on the job for being gay and forced to resign.
Bissoon cites as the reason to allow the case to go forward Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of gender, becoming the latest in a series of court rulings to determine that law applies to lesbian, gay and bisexual people.
“The Court holds Title VII’s ‘because of sex’ provision prohibits discrimination on the basis of sexual orientation,” Bissoon writes. “Accordingly, the EEOC’s Complaint stating that Mr. Baxley was discriminated against for being gay properly states a claim for relief. The Court sees no meaningful difference between sexual orientation discrimination and discrimination ‘because of sex.'”
According to the complaint filed by EEOC, when Baxley worked at Scott Medical Health Center in 2013, his supervisor, Robert McClendon, referred to him at least three to four times a week with anti-gay epithets, calling him “fag,” “faggot,” “fucking faggot” and “queer.” EEOC also alleges McClendon made statements like “fucking queer can’t do your job.”
Upon learning Baxley had a male partner, McClendon allegedly made offensive statements to him about the relationship, such as saying, “I always wondered how you fags have sex,” “I don’t understand how you fucking fags have sex,” and “Who’s the butch and who is the bitch?” In August 2013, Baxley resigned as a result of the harassment.
EEOC, the U.S. agency charged with enforcing federal employment civil rights law, filed a lawsuit after an effort to reach a conciliation agreement with Scott Medical Health Center failed. Last year, EEOC determined in the case of Baldwin v. Foxx that sexual orientation discrimination is gender discrimination, and thus lesbian, gay and bisexual workers are protected under Title VII. EEOC reached the same conclusion in 2012 for transgender workers in the case of Macy v. Holder.
Attorneys for Scott Medical Health Center urged the court to dismiss the lawsuit based on a number of claims, arguing EEOC didn’t follow proper process in filing the complaint and filed the claim too late, but the court rejected each of those claims.
Scott Medical Health Center also contends EEOC lacks grounds to file the complaint because Title VII doesn’t bar discrimination based on sexual orientation, citing as precedent in the Third Circuit for that legal determination Prowel v. Wise Business Forms, Inc., and Bibby v. Philadelphia Coca-Cola Bottling, Co.
Finding those cases aren’t dispositive, Bissoon gets around that precedent by noting EEOC filed its claim on the basis that sexual orientation discrimination is a form of gender discrimination. Bissoon also cites the 1989 U.S. Supreme Court decision in the Price Waterhouse case, which determined sex stereotyping amounts to gender discrimination.
“There is no more obvious form of sex stereotyping than making a determination that a person should conform to heterosexuality,” Bissoon writes. “As the EEOC states, ‘[d]iscriminating against a person because of the sex of that person’s romantic partner necessarily involves stereotypes about ‘proper’ roles in sexual relationships – that men are and should only be sexually attracted to women, not men.’ This discriminatory evil is more than reasonably comparable to the evil identified by the Supreme Court in Price Waterhouse. Indeed, the Court finds discrimination on the basis of sexual orientation is, at its very core, sex stereotyping plain and simple; there is no line separating the two.”
Bissoon also cites a changing legal landscape with regard to court rulings on sexual orientation, citing the recent U.S. Supreme Court decision extending same-sex marriage nationwide.
“That someone can be subjected to a barrage of insults, humiliation, hostility and/or changes to the terms and conditions of their employment, based upon nothing more than the aggressor’s view of what it means to be a man or a woman, is exactly the evil Title VII was designed to eradicate,” Bissoon concludes.
Sarah Warbelow, legal director for the Human Rights Campaign, called Bissoon’s determination anti-gay employment discrimination is barred under current law an “important win for LGBTQ equality.”
“Judge Bissoon’s decision affirms that discrimination against an individual based on their sexual orientation is fundamentally a form of discrimination based on sex — which is prohibited by federal law,” Warbelow added. “We congratulate the EEOC and the plaintiff on this victory.”
National
Man charged in Mall of America shooting plot inspired by Pulse massacre: report
Suspect exchanged hundreds of messages, pledged loyalty to ISIS
The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud, 18, of Richfield, Minn., on Oct. 7 with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism. Mohamud allegedly planned to carry out a mass-casualty attack in support of ISIS, inspired in part by the Pulse nightclub massacre that took place on June 12, 2016 when then-29-year-old Omar Mateen murdered 49 people and wounded 58 – one of the deadliest mass shootings in U.S. history, and the deadliest targeting the LGBTQ+ community.
According to a DOJ statement release, Mohamud was arrested on Oct. 6 by the FBI, which had arranged to sell him an AK-47 assault rifle, magazines, and ammunition through an undercover FBI employee. Mohamud was arrested shortly after paying $600 in cash and taking possession of those items; he reaffirmed his intention to shoot people at the Mall of America during the transaction.
“Mohamud allegedly sought to carry out a mass-casualty shooting at the Mall of America, expressing a desire to emulate some of the most horrific ISIS-inspired attacks in the United States, including the atrocities at Pulse Nightclub and 2025 New Year’s Day attack in New Orleans,” said Assistant Attorney General for National Security John A. Eisenberg in the statement by the DOJ. “The National Security Division will continue to work closely with the FBI and Joint Terrorism Task Force to track down and prosecute ISIS-inspired terrorists in the United States.”
According to the complaint, beginning on or about December 2024, Mohamud had exchanged hundreds of messages through multiple social media and messaging apps with a confidential source, and expressed a desire to travel to Somalia to join a designated foreign terrorist organization to fight on their behalf.
The defendant stated many times that if he was unable to travel overseas because of a lack of funds, he planned to carry out a mass-casualty event in Minnesota in support of ISIS.
According to the DOJ, “In July 2026, Mohamud sent messages discussing his intent to carry out a mass-casualty shooting attack at the Mall of America because he claimed it was owned by Jews. He wrote that [he] wanted to kill 30 to 60 people so no one would go there.”
“During the course of his communications, Mohamud stated that he wanted to commit an attack similar to those of the Pulse Nightclub mass-shooting in Orlando, the Bondi Beach mass-shooting in Australia, and the New Year’s Day vehicle-ramming attack in New Orleans.”
This case is being prosecuted by Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Benjamin Bejar for the District of Minnesota.
California
Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’
Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot
Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and — fill out a ballot voting for Steve Hilton?
This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons.
Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community.
“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said.
The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”
Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies.
Conservatives have also criticized the ad.
Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors.
“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.”
The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court.
Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.
Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.
2026 Midterm Elections
Trump uses anti-trans slur against Democratic Senate candidate
President mocked Annie Andrews
President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.
In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.
Andrews is running against Graham for a Senate seat in the solidly Republican state.
Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.
Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”
“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”
Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.
“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.
Trump’s remarks have drawn criticism from leaders on both sides of the aisle.
Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”
“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.
Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”
“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.
South Carolina has not elected a Democratic senator in nearly three decades.
Andrews’s campaign website does not mention her positions on LGBTQ issues.
The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.
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