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With Dem filibuster assured, Gorsuch nomination heads to Senate floor

McConnell may invoke ‘nuclear option’ to force confirmation

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Neil Gorsuch, gay news, Washington Blade

Democrats stand ready to filibuster the confirmation of Judge Neil Gorsuch. (Washington Blade photo by Michael Key)

The Senate Judiciary Committee advanced Monday the nomination of Neil Gorsuch to the U.S. Supreme Court, although the nomination has hit a significant snag now that Democrats have secured the votes necessary to successfully filibuster his confirmation.

Before the committee approved the Gorsuch nomination on a party-line vote, Sen. Chris Coons (D-Del.) announced during the session he would oppose the nominee and support the Democratic filibuster against him. That made him the 41st vote needed for a successful filibuster.

“I am not ready to end debate on this issue, so I will be voting against cloture, unless we are able as a body to finally sit down and find a way to avoid the nuclear option and ensure the process to fill the next vacancy on the court is not a narrowly partisan process,” Coons said.

Other top Democrats announcing they would join Senate Minority Leader Chuck Schumer (D-N.Y.)’s filibuster were Sen. Dianne Feinstein (D-Calif.), top Democrat on the committee, and Sen. Patrick Leahy (D-N.Y.), who until recently was ranking Democrat.

Feinstein cited during the hearing Republican obstruction of former President Obama’s nomination of Merrick Garland to the U.S. Supreme Court as well as various decisions Gorsuch reached as a Justice Department official during the Bush administration and a judge on the U.S. 11th Circuit Court of Appeals.

“Our job is to assess whether the nominee will protect the legal and constitutional rights of all Americans, and whether the nominee recognizes the humanity and justice required when evaluating the cases before him,” Feinstein said. “Unfortunately, based on Judge Gorsuch’s record at the Department of Justice, his tenure on the bench, his appearance before the Senate and his written questions for the record, I cannot support this nomination.”

Also cited by Feinstein as a concern is the more than $10 million the Koch brothers have declared they intend to spend to support the Gorsuch confirmation as well as ads buys from the National Rifle Association and the Judicial Crisis Network.

With a filibuster of the Gorsuch nomination likely to succeed when the cloture vote for the nominee is held on Thursday, Senate Majority Leader Mitch McConnell (R-Ky.) is likely to invoke the “nuclear option,” which would eliminate the long-standing ability to filibuster nominees to the U.S. Supreme Court.

McConnell strongly suggested during an interview on NBC’s “Meet the Press” he would invoke the “nuclear option” when he declared Gorsuch would be confirmed this week with or without help from Democrats.

“What I can tell you is that Neil Gorsuch will be confirmed this week,” McConnell said. “How that happens really depends on our Democratic friends, how many of them are willing to oppose cloture on a partisan basis to kill a Supreme Court nominee, never happened before in history, the whole history of the country.”

White House Press Secretary Sean Spicer said Monday President Trump would support invoking the “nuclear option” to end the filibuster, but ultimately the decision rests with McConnell.

“There’s literally going to be the first filibuster in modern times on a qualified judge that’s going to end up going on the court,” Spicer said. “We have really come a long way, and I think Democrats are setting a very dangerous precedent when it comes to how they want to do this because this isn’t about voting against somebody or having an issue with them, it is literally trying to stop using the filibuster for something it was never really intended for, nor has it been the principle that we would vote down someone who is qualified.”

LGBT rights supporters have universally opposed the confirmation of Gorsuch to the Supreme Court, citing as a chief concern his decision on the 11th Circuit in favor of Hobby Lobby being allowed to deny contraception coverage for employees under Obamacare on the basis of “religious freedom” for the corporation. That reasoning, observers say, could lead to religious exemptions for LGBT non-discrimination laws should they be adjudicated by the U.S. Supreme Court.

Chad Griffin, president of the Human Rights Campaign, on Twitter declared support for the Democrats’ filibuster of the Gorsuch nomination based on the nominee’s rulings he says could spell trouble for LGBT people.

During his confirmation hearing, Gorsuch said he believes marriage equality is “settled law,” but also cited “ongoing litigation about its impact and application right now.”

Rachel Tiven, executive director of Lambda Legal, said Gorsuch’s words hedging the finality of the marriage issue is “a dog-whistle to the religious extremists who funded his nomination.”

“He wouldn’t answer whether he thinks cases concerning marriage equality, abortion, school desegregation, or the right to an attorney were correctly decided and final,” Tiven said. “He disdains the regulations that govern clean air, clean water and safe food. His snide treatment of everyone from the trucker freezing to death by the side of the road to plaintiffs like ours, who count on the courts to see their humanity and fundamental equality, is startling. In short, this is not a person fit to rule on the lives of 315 million Americans.”

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Netherlands

Amsterdam Pride Canal Parade draws hundreds of thousands

Gay Dutch Prime Minister Rob Jetten among participants

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A scene from the 2026 Amsterdam Pride Canal Parade. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in the Netherlands through Aug. 10.

AMSTERDAM — Hundreds of thousands of people lined Amsterdam’s canals on Saturday for the city’s annual Amsterdam Pride Canal Parade.

Dutch Prime Minister Rob Jetten, who is openly gay, is among those who participated in the parade that featured more than 80 boats. Participants held signs and posters that, among other things, read “proud to be intersex” and “lesbians love you and a free Palestine.”

The Washington Blade saw at least two attendees holding fans that read “fuck Trump.” One of the boats also compared President Donald Trump and Russian President Vladimir Putin as “the kissing couple.”

(Washington Blade photo by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The parade took place a week after a terrorist attack at Berlin’s Christopher Street Day left one person dead and more than two dozen others injured.

It passed the Homomonument, a memorial to gays and lesbians who have suffered persecution. The Homomonument has been transformed into a makeshift memorial to the victims of the July 25 terrorist attack in the German capital.

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The Canal Parade took place during World Pride, which will end in Amsterdam on Aug. 9.

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European Union

Poland’s top court rejects recognition of same-sex marriages from other EU countries

Ruling sets up potential clash with bloc

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(Bigstock photo)

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

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Taiwan

Taiwan’s government has failed to update process to change gender markers on ID documents

Interior Ministry’s 2008 directive remains in place

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(Photo by bRollGO/Bigstock)

More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.

On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.

In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation. 

Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.

Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.

In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.

The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law. 

The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.

In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard. 

The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.

“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.

The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation. 

The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.” 

According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.

“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”

The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.

The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.

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