News
DeVos still won’t say federal law bars anti-LGBT discrimination
Education secretary insists schools must follow federal law


Education Secretary Betsy DeVos wouldn’t say charter schools are barred from anti-LGBT discrimination. (Blade photo by Michael Key)
Weeks after facing criticism for refusing to speak out in congressional testimony against anti-LGBT discrimination in charter schools, Education Secretary Betsy DeVos still won’t say federal law prohibits them from discriminating against LGBT students.
DeVos on Tuesday referred generally to rules under federal law in a testy exchange on whether she’d speak out against anti-LGBT discrimination in charter schools with Sen. Jeff Merkley (D-Ore.), who said the statute in this area is “somewhat foggy.”
Although DeVos acknowledged charter schools aren’t eligible for U.S. government money if they violate federal laws against discrimination, she dodged when asked specifically if charter schools under her plan would be able to discriminate against LGBT students.
“I said it before and I’ll say it again that schools that receive federal funds must follow federal law,” said DeVos, who’s promoting a Trump administration plan that calls for a $250 million increase in school voucher funds.
When Merkley insisted federal law is foggy and pressed DeVos again on whether anti-LGBT discrimination would be allowed under her proposal, she said,Ā “On areas where the law is unsettled, this department is not going to be issuing decrees. That is a matter for Congress and the courts.”
Merkley interrupted to seek clarification, but DeVos would only repeat her deference to Congress and the U.S. Supreme Court when the law is unclear.
Visibly frustrated, Merkley said he interprets DeVos’ response to mean “where it’s unsettled, such discrimination will continue to be allowed under your program,” adding if that interpretation is incorrect, she should make a correction in the record.
Asked the same question as it pertains to discrimination against students on the basis of religion, DeVos’ response was no different.
“Again, for schools that receive federal funds, federal law must be followed,” DeVos said.
When Merkley demanded DeVos answer the question as it pertains to religious discrimination against students, she said, “Schools that receive federal funds will follow federal law. Period.”
The Oregon Democrat rebukedĀ DeVos for a response he said is too vague.
“You’re refusing to answer the question,” Merkley said. “I think that’s very important for the public to know that today the secretary of education before this committee refused to affirm that she would put forward a program that bans discrimination based on LGBTQ status of students or bans discrimination based on religion.”
DeVos protested Merkley’s characterization of her words, denying her response indicated any support for allowing discrimination in charter schools.
“Sir, that’s not what I said,” DeVos said. “That’s not what I said. Discrimination in any form is wrong. I don’t support discrimination in any form.”
Merkley asked for a yes-or-no answer on whether DeVos’ program bans discrimination, the education secretary replied, “What program are you talking about?” Merkley said it was her charter and private school grant proposals, prompting DeVos to repeat her previous response.
“As I said before, and let me say it again, schools that receive federal funds need to follow federal law. Period,” DeVos said.
Interrupting DeVos, Merkley concluded, “You said the same thing 10 times without answering the question at all.”
Although she wouldn’t say federal law bars discrimination against LGBT students, DeVos’ general repudiation of discrimination in any form is different from an earlier exchange with Rep. Katherine Clark (D-Mass.). At the time, DeVos wouldn’t denounce discrimination in any capacity when asked about anti-LGBT or racial discrimination in charter schools.
Denouncing DeVos for her response was Sarah Kate Ellis, CEO of GLAAD, who said in a statement the secretary’s words were leaving LGBT students out in the cold.
“By once again turning a blind eye to LGBTQ students who experience discrimination in school, Secretary DeVos continues to prove why she was the wrong choice to lead our nation’s education system,ā Ellis said. āDeVos once claimed she was an LGBTQ ally, but has now supported back to back policies that would erase LGBTQ students from classrooms. If she wants to be known as more than an anti-LGBTQ activist the time is now to reverse course.”
Federal law doesn’t explicitly ban anti-LGBT discrimination, but it does bar sex discrimination. Courts are increasingly interpreting those laws to prohibit discrimination on the basis of sexual orientationĀ and gender identity. That’s likely what Merkley meant when he said existing federal law on the issue is “somewhat foggy.”
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin for any school accepting federal funds, and Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex for any school accepting federal funds. There is an exemption in Title IX for religious schools, but not for charter or secular private schools.
The Obama administration had issued guidance making clear Title IX precludes schools from barring transgender students from the restroom consistent with their gender identity, but DeVos along with U.S. Attorney General Jeff Sessions revoked it at the start of the Trump administration. Media reports indicated DeVos resisted that move and she later met with LGBT groups and transgender students at the Education Department.
Vanita Gupta, CEO of the Leadership Conference on Civil & Human Rights, said she’s “glad to hear” DeVos opposes discrimination, but called for action.
āWords alone are insufficient,” Gupta said. “She must use her authority as secretary to make that prohibition and those protections for students real. The department must also proactively support schools to prevent discrimination and intervene when the law is broken. This canāt just be about talk; students need and deserve action.ā
Merkley is lead sponsor in the Senate of the Equality Act, comprehensive legislation that would make explicit a ban on anti-LGBT discrimination in every area of civil rights law, including education.
District of Columbia
Sentencing for Ruby Corado postponed for second time
Former Casa Ruby director pleaded guilty to wire fraud

The sentencing in D.C. federal court for Ruby Corado, the founder and executive director of the now-defunct LGBTQ community services organization Casa Ruby on a charge of wire fraud, has been postponed for the second time, from March 28 to April 29.
A spokesperson for U.S. District Court Judge Trevor N. McFadden, who is presiding over the case, said it was the judge who postponed the sentencing due to a scheduling conflict. The earlier postponement, from Jan. 10 to March 28, came at the request of Coradoās attorney and was not opposed by prosecutors with the Office of the U.S. Attorney for D.C.
Corado pleaded guilty on July 17, 2024, to a single charge of wire fraud as part of a plea bargain deal offered by prosecutors. The charge to which she pleaded guilty in U.S. District Court for D.C. says she allegedly diverted at least $150,000 āin taxpayer backed emergency COVID relief funds to private offshore bank accounts for her personal use,ā according to a statement from the U.S. Attorneyās office.
Under the federal wire fraud law, for which Corado is being prosecuted, she could be subjected to a possible maximum sentence of up to 20 years in prison, a fine of up to $250,000, and restitution requiring her to repay the funds she allegedly stole.
Court observers, however, have said that due to Coradoās decision to waive her right to a trial and plead guilty to the lesser charge, prosecutors will likely ask the judge to hand down a lesser sentence than the maximum sentence.
An earlier criminal complaint filed against Corado, which has been replaced by the single charge to which she has pleaded guilty, came at the time the FBI arrested her on March 5, 2024, at a hotel in Laurel, Md., shortly after she returned to the U.S. from El Salvador.
At the request of her attorney and against the wishes of prosecutors, another judge at that time agreed to release Corado into custody of her niece in Rockville, Md., under a home detention order. The release order came seven days after Corado had been held in jail at the time of her March 5 arrest.
Kenya
Outcome of transgender rights case in Kenya remains uncertain
Countryās attorney general has asked High Court to dismiss lawsuit

Transgender Kenyansā efforts to receive birth certificates that reflect their gender identity now hang in the balance, despite several legal victories.
Attorney General Dorcus Oduor has asked the High Court to dismiss a pending case that three trans people have filed. Oduor argues a person is born either āa boy or a girlā and existing laws do not allow for anyone to change their sex in adulthood.
Oduor in her written submission to Justice Bahati Mwamuye also argues gender identity and the governmentās issuance of a birth certificate are based on a personās physical appearance. Her argument, however, exempts intersex people.
The government last month officially recognized intersex people in a Kenya Gazette notice that said they can receive birth certificates with an āIā gender marker. The countryās historic intersex rights law took effect in 2022.
āThe existing laws of the land do not contemplateĀ changeĀ of gender, and marks of transgender are not a basis for determining oneās gender as either male or female,ā Oduor states. Ā
Oduor further maintains that a person’s feeling they are āunwillingly living in a wrong bodyā cannot justify changing their gender. Oduor maintains a personās gender is based on fact ā not feelings ā and the plaintiffs at birth were registered and named based on their gender status.
Audrey Mbugua, Maurene Muia, and Arnest Thaiya are the three trans people suing Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget in order to receive amended birth certificates.
The plaintiffs argue the current discrepancy in crucial documents ā birth certificates, national identification cards, and passports ā has denied them opportunities and rights. They disagree with Oduorās position on determining oneās sex, arguing the process is ānot scientific, but subjective.ā
āThere are no identifiers of sex or definitions of the biological or psychological components of sex,ā the plaintiffs argue. āIn any event, such biological components cannot be limited to genitalia only, but also chromosomes, gonads, hormones, and the brain.ā
They further maintain that trans people cannot be forced to live with names of the wrong gender as adults. Oduor, however, maintains that only mistakes, such as spelling errors or parents in ID documents, can be changed and not a gender marker.
Amka Africa Justice, Jinsiangu (āmy genderā) Kenya, and the Kenya Human Rights Commission are among the advocacy groups that have joined the case.
Mbugua, a well-known trans activist, has been pushing for legal rights in the court for more than a decade.
She filed a lawsuit in which she demanded the government identify her as a woman and to be allowed to live as one, not as a male as she was registered at birth. A landmark ruling in 2014 ordered the Kenya National Examinations Council to change Mbugua’s name and replace the gender marker on her academic certificates.Ā
Mbugua also founded Transgender Education and Advocacy, a group with more than 100 members. A long court battle that ultimately proved successful allowed Transgender Education and Advocacy to become the first publicly-funded trans rights organization in Kenya.
Transgender Education and Advocacyās initiatives include offering legal aid to trans people seeking to change their names, photos, and gender markers in documents, pushing for legal reforms to end discrimination based on gender identity and expression, and providing economic assistance to trans people who want to overcome poverty and sexual exploitation.
Jinsiangu Kenya, established in 2018, also champions equal access to health care and other basic services without discrimination based on gender identity and expression.
AĀ report that Jinsiangu Kenya released in July 2021 notes 63 percent of trans people surveyed did not have ID documents or records with gender markers that coincide with their gender identity.Ā The report also notes 10 percent of trans people surveyed said officials denied them an ID card or passport, and they were unemployed because they did not have the proper documents.
Japan
Japanās marriage equality movement gains steam
Nagoya High Court this month ruled lack of legal recognition is unconstitutional

Japanās Nagoya High Court on March 7 ruled the lack of legal recognition of same-sex marriages violates the countryās constitution.
The plaintiffs argued Japanās Civil Code and Family Registration Act, which does not recognize same-sex marriages, violates the countryās constitution. They cited Article 14, Paragraph 1, which guarantees equality under the law and prohibits discrimination based on factors that include race, creed, sex, or social status. The plaintiff also invoked Article 24, Paragraph 2, which emphasizes that laws governing marriage and family matters must uphold individual dignity and the fundamental equality of the sexes.
The plaintiffs sought damages of 1 million yen ($6,721.80) under Article 1, Paragraph 1, of the State Redress Act, which provides for compensation when a public official, through intentional or negligent acts in the course of their duties, causes harm to another individual. The claim centered on the governmentās failure to enact necessary legislation, which prevented the plaintiff from marrying.
The court noted same-sex relationships have existed naturally long before the establishment of legal marriage. It emphasized that recognizing such relationships as legitimate is a fundamental legal interest connected to personal dignity, transcending the confines of traditional legal frameworks governing marriage and family.
The court further observed same-sex couples encounter significant disadvantages in various aspects of social life that cannot be addressed through civil partnership systems. These include housing challenges, such as restrictions on renting properties, and financial institutions refusing to recognize same-sex couples as family members for mortgages. Same-sex couples also face hurdles in accessing products and services tailored to family relationships. While the court deemed the relevant provisions unconstitutional, it clarified that the governmentās failure to enact legislative changes does not constitute a violation under the State Redress Act.
The lawsuit, titled āFreedom of Marriage for All,ā brought together a large coalition of professionals, including more than 30 plaintiffs and 80 lawyers. They filed six lawsuits in five courts throughout Japan.
āWe filed these lawsuits on Valentine’s Day, Feb. 14, 2019, in Tokyo, Osaka, Nagoya, and Sapporo, and in September of that year in Fukuoka,ā noted Takeharu Kato, director of Marriage for All Japan. āThen, in March 2021, the Sapporo District Court handed down the first ruling declaring the current laws unconstitutional, which received extensive worldwide media coverage. Subsequently, the Osaka District Court unfortunately ruled that the current law is constitutional, but among the 10 rulings handed down so far, nine have ruled that not recognizing marriage equality is unconstitutional.ā
Kato is a lawyer who is part of the legal team in the Sapporo case. He is also a board member of Marriage for All Japan, a marriage equality campaign.
āThe MFAJ (Marriage for All Japan) is fully supporting the lawsuits by publicizing the current status of the trials and the rulings in our websites and social networks, setting up press conferences at the time of the rulings,ā Kato told the Washington Blade. āWe also make the best of the impact of the lawsuits in our campaign by holding events with the plaintiffs of the lawsuits and inviting them to the rally at Diet (the Japanese parliament) membersā building.ā
Kato said the campaign has significantly shifted public opinion, with recent polls indicating more than 70 percent of Japanese people now support marriage equality ā up from approximately 40 percent before Marriage for All Japan launched. He also noted 49 percent of Diet members now back marriage equality.
Japan is the only G7 country that does not legally recognize same-sex couples. Taiwan, Nepal, and Thailand have extended full marriage rights to gays and lesbians.
Expressing disappointment, Kato said many Japanese politicians continue to resist marriage equality, despite overwhelming public support. Kato added Marriage for All Japan expects the Supreme Court to rule on their lawsuits in 2016.
āWe believe that the Supreme Court will also rule that the current laws are unconstitutional,ā he said. āHowever, the Supreme Court’s ruling alone is not enough to achieve marriage equality under the Japanese legal system. We should put more and more strong pressure on the Diet to legalize marriage equality in Japan as soon as possible.ā
Several municipalities and prefectures issue certificates that provide limited benefits to same-sex couples, but they fall short of equal legal recognition.
Prime Minister Fumio Kishidaās government has faced mounting pressure on the issue as public support for marriage equality has surged in recent years. Kishida has yet to push reforms within his own party; encountering fierce opposition from its traditional leadership.
His government in June 2023 passed Japanās first law addressing sexual orientation and gender identity, aiming to “promote understanding” and prevent “unfair discrimination.” Activists, however, widely criticized the legislation on grounds it fails to provide comprehensive protections or extend marriage rights to same-sex couples.
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