News
Gorsuch confirmed to the dismay of LGBT rights supporters
Senate approves new justice after nuking filibuster
The U.S. Senate confirmed Neil Gorsuch to the U.S. Supreme Court.
(Washington Blade photo by Michael Key)
The U.S. Senate confirmed on Friday Neil Gorsuch to the U.S. Supreme Court much to the dismay of LGBT rights supporters who think he’ll oppose LGBT rights and Democrats who say the seat was unfairly awarded to him.
The Senate confirmed him to the seat by a largely party-line vote of 54-45, although Sens. Joe Manchin (D-W.Va.), Joe Donnelly (D-Ind.) and Heidi Heitkamp (D-N.D.) joined Republicans to confirm the nominee. Sen. Johnny Isakson (R-Ga.), who’s recovering from back surgery, missed the vote.
Russell Roybal, deputy executive director for the National LGBTQ Task Force, said in a statement the confirmation amounts to “the triumph of bullying over moderation.”
“Taking their lead from the Bully-in-Chief Donald Trump, Mitch McConnell twisted and turned the rules of the Senate to ram this extremist nominee through — slashing and burning safeguards for moderation, such as the rule calling for a 60 votes threshold needed to confirm an Associate Supreme Court Justice,” Roybal said. “We now have a new Justice who is so conservative that he makes Antonin Scalia look moderate,”
The Gorsuch confirmation is a win for President Trump after a first 100 days in office marked by questions about his presidential campaign’s relationship with Russia, the failure of legislation he endorsed to repeal Obamacare and national security challenges in Syria and North Korea.
But Democrats put up a fight in the road to confirmation, citing Senate Republicans’ unwillingness to even hold a hearing for President Obama’s choice for the seat — U.S. Circuit Judge Merrick Garland — when it was first made open by the death of the U.S. Associate Justice Antonin Scalia last year.
Democrats on Thursday successfully filibustered by the nomination after speaking out on the Senate floor against Gorsuch on the Senate. Sen. Jeff Merkley (D-Ore.), who said he’d filibuster any nominee other than Garland, spoke for 15 hours on the Senate floor against Trump’s nominee.
In the end, Senate Majority Leader Mitch McConnell (R-Ky.) was able to move forward by changing the rules and exercising the “nuclear option,” which ended the ability for senators to filibuster nominees to the Supreme Court. McConnell cited as precedent for this action former Senate Democratic Leader Harry Reid ending the filibuster in 2013 for administrative appointments and lower court judicial nominees.
Commending McConnell for his actions to ensure the confirmation of Gorsuch was Tony Perkins, president of the anti-LGBT Family Research Council.
“Leader McConnell is to be commended for holding fast to historical precedent of not allowing an outgoing president to pack the Court with ideological jurists on his way out of the White House,” Perkins said. “The Supreme Court vacancy after the death of Justice Scalia became a defining issue of the 2016 presidential election. President Trump made history by telling voters who he would appoint to the Court by providing a list — the American people chose him and he in turn chose from the list, keeping his promise.”
LGBT rights supporters have expressed concerns about Gorsuch largely because of his record as a judge on the U.S. 11th Circuit Court of Appeals.
Chief among those concerns is a ruling the Hobby Lobby case in which he determined the retail chain should afforded “religious freedom” despite requirements under Obamacare to deny contraceptive coverage for female employees. Many LGBT rights supporters say that could be a prelude to Gorsuch being willing to institute “religious freedom” carve-outs in LGBT non-discrimination laws.
Other LGBT criticism over Gorsuch relates to his decisions on transgender rights. In 2015, Gorsuch joined an 11th Circuit decision against a transgender inmate who alleged she was denied transition-related hormone therapy and unfairly housed in an all-male facility. In 2009, Gorsuch also joined an unpublished opinion finding the provision against sex discrimination under Title VII of the Civil Rights Act of 1964 doesn’t apply to transgender people.
In a 2005 op-ed for the National Review “Liberals & Lawsuits,” Gorsuch excoriated the progressive movement for seeking advancements in the courts, identifying same-sex marriage an issue that should be decided elsewhere a decade before the Supreme Court would rule for marriage equality nationwide.
Sarah Kate Ellis, CEO of GLAAD, condemned Senate Republicans for the confirmation of Gorsuch in a statement based on his anti-LGBT rulings and writings.
“Republicans in the Senate just destroyed a steadfast American tradition for the purpose of confirming a person to the U.S. Supreme Court who will most certainly vote in opposition to the safety and well-being of the LGBTQ community and many marginalized groups for his entire career on the bench,” Ellis said. “With his history of siding against transgender Americans and arguing against marriage equality, Neil Gorsuch is yet another reprehensible pawn in the Trump Administration’s goal of erasing the LGBTQ community from the fabric of America.”
During his confirmation hearing, Gorsuch said the U.S. Supreme Court ruling in favor of same-sex marriage is “settled law,” but added “there is ongoing litigation about its impact and application right now,” suggesting he thinks limitations to the ruling are still on the table. According to the Human Rights Campaign, Gorsuch also refused to answer in response to written questions from the Senate whether he thinks LGBT people are eligible for protections under current federal civil rights laws.
Stan Sloan, CEO of the Family Equality Council, said in a statement he hopes concerns about Gorsuch’s views on legal protections for LGBT people prove incorrect now that the jurist has been confirmed to the Supreme Court.
“Family Equality Council opposed the confirmation of Neil Gorsuch to the Supreme Court, and we are disappointed that this confirmation is now a reality,” Sloan said. “We hope that our fears concerning his ability to assure fair treatment of LGBTQ individuals and families — and members of all marginalized communities — will now be proven wrong, and that Justice Gorsuch rises to support and protect the civil liberties of all Americans.”
European Union
European Parliament resolution backs ‘full recognition of trans women as women’
Non-binding document outlines UN Commission on the Status of Women priorities
The European Parliament on Feb. 12 adopted a transgender-inclusive resolution ahead of next month’s U.N. Commission on the Status of Women meeting.
The resolution, which details the European Union’s priorities ahead of the meeting, specifically calls for “the full recognition of trans women as women.”
“Their inclusion is essential for the effectiveness of any gender-equality and anti-violence policies; call for recognition of and equal access for trans women to protection and support services,” reads the resolution that Erin in the Morning details.
The resolution, which is non-binding, passed by a 340-141 vote margin. Sixty-eight MPs abstained.
The commission will meet in New York from March 10-21.
A sweeping executive order that President Donald Trump signed shortly after he took office for a second time on Jan. 20, 2025, said the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and dozens of other U.N. entities.
District of Columbia
Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement
Gay former corrections officer says harassment, discrimination began in 1993
Deon Jones says he is pleased with the outcome of his anti-gay bias lawsuit against the D.C. Department of Corrections that ended after five years on Feb. 5 with the D.C. government paying him $500,000 in a settlement payment.
The lawsuit, filed on his behalf by the American Civil Liberties Union of D.C. and the law international law firm WilmerHale, charged that Jones, a Department of Corrections sergeant, had been subjected to years of discrimination, retaliation, and a hostile work environment because of his identity as a gay man in clear violation of the D.C. Human Rights Act.
A statement released by the ACLU at the time the settlement was announced says Jones, “faced years of verbal abuse and harassment, from co-workers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment.”
The statement adds, “The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, post-traumatic-stress disorder, and 15 anxiety attacks in 2021 alone.:
Jones said the harassment and mistreatment he encountered began in 1993, one year after he first began work at the Department of Corrections and continued for more than 25 years under six D.C. mayors, including current Mayor Muriel Bowser, who he says did not respond to his repeated pleas for help.
Each of those mayors, including Bowser, have been outspoken supporters of the LGBTQ community, but Jones says they did not intervene to change what he calls the homophobic “culture” at the Department of Corrections.
The Department of Corrections, through the Office of the D.C. Attorney General, which represents city agencies against lawsuits, and the mayor’s office, have so far declined to comment on the lawsuit and the half million-dollar settlement the city offered to Jones, who accepted it.
Among other things, the settlement agreement states that Jones would be required to resign from his job at the Department of Corrections. It also declares that “neither the parties’ agreement nor the District government’s offer to settle the case shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to plaintiff or any other person, or that plaintiff has any rights.”
Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this. He said the city’s action to pay Jones a half million-dollar settlement “speaks louder than words.”
With that as a backdrop, Jones reflected on the settlement and what he says was his tumultuous 30-year career as an employee at the D.C. Department of Corrections in a Feb. 9 interview with the Washington Blade.
He and Michelman pointed out that Jones was placed on paid administrative leave in April 2022, one year after his lawsuit was filed. Among his upcoming plans, Jones told the Blade, is to publish a podcast that, among other things, will highlight the hardship he faced at the Department of Corrections and advocate for LGBTQ rights.
BLADE: What are your thoughts on this lawsuit settlement which appears very much in your favor?
JONES: That’s great. I’m happy. I’m glad to resign. It’s been a long time coming. It was the worst time it’s ever been. And I have advocated for the community for many, many years. And not only standing up for my rights but for the rights for others in the LGBTQ community.
And I’m just tired now. And my podcast will start soon. And I will continue to advocate for the community.
BLADE: Can you tell a little about that and when it will begin?
JONES: Once in April, once everything is closed my podcast will be starting. And that’s Deon’s Chronicle and Reveal. Yes, my own podcast.
BLADE: Since we have reported your attorney saying you have been on administrative leave since March of 2022, some in the community might be interested in what you have been doing since that time. Did you get another job or were you just waiting for this case to be resolved?
JONES: I was waiting for this to be resolved. I couldn’t work. That would violate policy and procedures of the D.C. government. So, I could not get another job or anything else.
BLADE: You have said under administrative leave you were still getting paid. You were still able to live off of that?
JONES: Yes, I was able to. Yes, sir. I used to do a lot of overtime. As a zone lieutenant for many years, I have supervised over 250 officers. I’ve also supervised over 25,000 inmates in my 30 years.
BLADE: How many years have you been working for the Department of Corrections?
JONES: It’s 30 years all together. I started down at the Lorton facility. Six facilities — I’ve worked for past directors, deputy directors, internal affairs. I’ve done it all.
BLADE: Do you have any plans now other than doing the podcast?
JONES: Well, to just do my podcast and also to write my book and my memoir inside of the house of pain, the house of shame — what I’ve been through. When I start my podcast off it will be stories — Part 1 through Part 4. And I will go back to the Lorton days all the way up to now. When it first started was sexual harassment and discrimination back down at Lorton. And I mean this has just been the worst time around.
BLADE: So, did you first start your work at the Lorton Prison?
JONES: Yes, I was at the central facility, which was the program institution.
MICHELMAN: Just for context. You may remember this, but the Lorton facility was where D.C. incarcerated people were held. So, that was part of the D.C. Department of Corrections.
BLADE: Yes, and that was located in Lorton, Va., is that right?
JONES: Right.
BLADE: Didn’t that close and is the main incarceration facility is now in D.C. itself?
JONES: Yes. And that closed in 2001.
BLADE: I see. And is the main D.C. jail now at a site near the RFK Stadium site?
JONES: Yes, sir. And next-door is the correctional treatment facility as well.
BLADE: So, are you saying the harassment and other mistreatment against you began back when you were working at the Lorton facility?
JONES: At the Lorton central facility. And they used to flash me too. When I say flash me like the residents, the inmates were flashing. And they [the employees] were flashing.
BLADE: What do you mean by flashing?
JONES: They take their penis out and everything else. I mean the sexual harassment was terrible. And I came out then down there. And I continued to advocate for myself and to advocate for other people who I was told were being picked on as well.
BLADE: As best you can recall, where and what year did that happen?
JONES: That was back in 1993 in April of 1993.
BLADE: The mayor’s office has declined to comment on the settlement and payment the city is giving you. Yet they have always said they have a strong policy of nondiscrimination protections for LGBTQ people in D.C. government agencies. But do you think that was not carried out at the Department of Corrections?
JONES: That’s a blatant reason why — I had 13 anxiety attacks. It was so blatant. Can you imagine? On the airwaves or the walkie-talkies — everybody had a walkie talkie — the captains and the majors and everything. And you transmit it to the command center or something like that. When you finish someone gets on the air and calls you a sissy or a fag.
They received so many complaints, and I also sent the mayor so many emails and begging for help. And they ignored it. They didn’t address any complaints at all. So, that’s bull.
BLADE: But now after you filed your lawsuit and you received this settlement do you think there will be changes there to protect the rights of other LGBTQ employees?
JONES: I hope so, because I have been defending community rights. For many years I have been advocating for different things and different services. And I’ve seen the treatment. There are a lot of mistreatments towards the community over there. And I have taken a stance for a lot of people in the community and protecting their constitutional rights as well as mine.
BLADE: What advice might you have for what the Department of Corrections should do to correct the situation that led to your lawsuit?
JONES: Well, what my advice for the department is they need to go back over their training. And they need to enforce rules against any acts of discrimination, retaliation, or sexual harassment. They need to enforce that. They’re not enforcing that at all. They’re not doing it at all. And this time it was worse than ever, then I’ve ever seen it. That you would get on the walkie talkie and someone would call you a fag or a sissy or whatever else or do evil things and everything. They are not enforcing what they are preaching. They are not enforcing that.
BLADE: Is there any kind of concluding comment you may want to make?
JONES: Well, I hope that this litigation will be a wakeup call for the department. And also, that it will give someone else the motivation to stand up for their rights. I was blessed to have the ACLU and WilmerHale to protect my constitutional rights. So, I am just really happy. So, I’m hoping that others will stand up for their rights. Because a lot of people in the community that worked there, they were actually afraid. And I had some people who actually quit because of the pressure.
Baltimore
‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore
Hit show raises questions about identity, cultural representation
By JOHN-JOHN WILLIAMS IV | “Heated Rivalry,” the surprise gay hockey romance that has captivated global audiences and become a cultural phenomenon, has inspired sold-out parties celebrating the characters from the steamy series, including in Baltimore.
For some, love of the show has exposed the loss of a once-vibrant gay nightlife in Charm City and splintered its LGBTQ community. It also brings up layered questions about identity, cultural representation, and the limits of identity politics.
In Baltimore, the majority of the parties also appear to be missing a key ingredient that has been a part of the show’s success: gay men at the helm. Last month, women hosted a dance party at Ottobar, a straight establishment.
The rest of this article can be read on the Baltimore Banner’s website.
European Parliament resolution backs ‘full recognition of trans women as women’
Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement
Home is where the heart is
‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore
Magic is happening for Round House’s out stage manager
McPike wins special election for Va. House of Delegates
Top Democrats re-introduce trans bill of rights
Shooter who killed 7 people inside Canada school was transgender
Just when you think Trump can’t sink any lower, he does
