Connect with us

National

Latest ruling could give Supreme Court crack at trans military ban

Trump administration barred from enforcing its discriminatory policy

Published

on

David Bright, Startwaune Anderson, conversion therapy, gay news, Washington Blade

The Supreme Court may get another crack at the transgender military ban after the latest court decision against it.

A federal appeals court has reaffirmed its decision to keep in place an injunction barring the Trump administration from enforcing its transgender military ban, setting the stage for an initial review of the policy at the U.S. Supreme Court before U.S. Associate Justice Anthony Kennedy steps down.

The U.S. Ninth Circuit Court of Appeals denied on Wednesday the U.S. Justice Department’s request to dissolve a preliminary injunction against the ban, which the administration made in the aftermath of Defense Secretary James Mattis’ report justifying President Trump’s policy

The Ninth Circuit had previously denied the Trump administration’s request to dissolve the injunction instituted by U.S. District Judge Marsha Pechman, but the Justice Department made another attempt after Mattis delivered his report to Trump in May. The administration has maintained Mattis’ recommendations justify the transgender military ban, although transgender advocates say the recommendation is filled with junk science.

But in a two-page decision, a three-judge panel on the Ninth Circuit rebuffed the Trump administration’s request to dissolve the stay, determining a reversal of the injunction would alter the status quo as litigation against the ban proceeds through the courts.

“The district courtโ€™s December 11, 2017 preliminary injunction preserves the status quo, allowing transgender service members to serve in the military in their preferred gender and receive transition-related care,” the decision says. “Appellants ask this court to stay the preliminary injunction, pending the outcome of this appeal, in order to implement a new policy. Accordingly, a stay of the preliminary injunction would upend, rather than preserve, the status quo.”

LGBT rights groups that filed the lawsuit hailed the decision as an affirmation of transgender people serving in the military and as a blow to the Trump administration. The ruling marked the second time the Ninth Circuit rebuffed the administration on the transgender military service ban, leaving the tally of eight rulings from six courts in favor of halting the policy.

The lawsuit, Karnoski v. Trump, was filed by Lambda Legal and OutServe-SLDN on behalf of nine transgender people โ€“ six current service members and three wishing to serve โ€“ as well as three organizational plaintiffs: the Human Rights Campaign, the Seattle-based Gender Justice League, and the American Military Partner Association.

Sarah McBride, a spokesperson for the Human Rights Campaign, said as a result of the decision “another court has held off Donald Trump and Mike Pence’s desperate attempts to impose their extreme anti-LGBTQ agenda on the U.S. military.”

“After a string of victories for transgender troops and enlistees at the district court level, this appeals court ruling reinforces that there is simply no need or legitimate reason to bar capable and willing transgender Americans from serving their country,” McBride added.

But the ruling from the Ninth Circuit presents the Trump administration with an opportunity โ€” yet again โ€” to take up the issue with the Supreme Court.

The Justice Department could file a request to stay the injunction with Kennedy, who’s responsible for issuing stays on decisions from the Ninth Circuit. Kennedy could decide the matter himself, but would likely refer the matter to the entire court for a determination.

Although Kennedy has signaled he’ll retire from the court, his departure won’t happen until the end of this month, which means he’d have an opportunity to weigh in on the matter before stepping down. It will potentially be his last decision from the bench and his last LGBT case after writing the decisions in four milestone gay rights cases after 30 years on the court.

Jon Davidson, chief counsel at Freedom for All Americans, said if the Justice Department were to file a stay request before the Supreme Court, the administration “likely will file such a motion before the end of this week.”

“I think that, assuming the Court considers any such stay request before July 31st, Justice Kennedy might well join Justices Ginsburg, Breyer, Sotomayor and Kagan in denying the request (which would mean a stay request would be denied), based on his views about the harms of the government denying individuals ‘equal dignity’ and because the Karnoski case is just one of four in which district courts have enjoined the transgender military ban,” Davidson said. “If the court does not consider a stay request until August, it may be hard for DOJ to get five votes in favor of a stay (which would require at least one of Ginsburg, Breyer, Sotomayor or Kagan to vote in favor of a stay).”

If the Justice Department were to ask the Supreme Court for a stay, it would be a reversal of its earlier position on litigation against the transgender military ban.

After the Ninth Circuit’s earlier rebuff last year of the administration on the policy, the Justice Department declared in December it wouldn’t go to the Supreme Court right away, but “wait for DODโ€™s study and will continue to defend the presidentโ€™s and secretary of defenseโ€™s lawful authority in district court in the meantime.โ€

Things have changed now because the Pentagon study the Justice Department expected has come out. Nonetheless, the Trump administration is staying mum on its plans.

A Justice Department spokesperson declined to comment in response to the Washington Blade’s question on whether the administration would file a stay request before the Supreme Court.

Peter Renn, senior attorney with the Western Regional Office at Lambda Legal, affirmed the Trump administration “could seek a stay of the preliminary injunction” with the Supreme Court, but said chances for a stay are low.

“If the government does seek a stay, and the request is referred to the full Supreme Court, it is unlikely that a majority of the Supreme Court would allow the government to immediately enforce its discriminatory plan,” Renn said. “If there is a vote on a stay by the end of this month, it is difficult to imagine that Justice Kennedy will want to cap off his tenure on the court by allowing the military to toss aside transgender people, and their sacrifices for our country, as if they were disposable.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

North Carolina

Authorities investigate officer-involved shooting outside Asheville gay bar

Incident took place near Shakey’s on Wednesday

Published

on

(Photo by chalabala/Bigstock)

An officer-involved shooting outside of a gay dive bar, Shakeyโ€™s, in downtown Asheville, N.C., left one man dead Wednesday.

The bar released a statement the following morning regarding the incident, stating that bar staff had asked a patron to leave earlier in the night citing concerning behavior. The bar said that later the man was spotted with a gun in the parking lot.

The bar proceeded to call 911, locked the doors to the establishment, and followed dispatcher instructions on how to keep patrons of the bar safe while officers arrived. These protocols included getting patrons away from the windows and staying low to the ground.

According to Shakeyโ€™s, shots were fired outside of the business. When the Asheville Police Department officers arrived, they fired back. The individual died from their injuries, according to the police.

โ€œBecause of everyone’s quick actions, cooperation, and concern for one another, every customer and every employee inside Shakey’s made it home safely. We are incredibly thankful,โ€ Shakeyโ€™s said on their Instagram page. They thanked Asheville police, emergency dispatchers, EMS, and all first responders who were on scene.

On Thursday, a spokesperson for the North Carolina State Bureau of Investigation, Chad Flowers, stated that the suspect involved in the shooting was Arturo Castillo Palomar.

The Washington Blade reached out to the North Carolina State Bureau of Investigation for a comment regarding the possibility of the event being considered a hate crime. They said the issue is currently under investigation and that the findings would be turned over to the district attorney for review.

Continue Reading

Pentagon

Hegseth announces testosterone initiative as trans troop ban continues

SPARTA Pride criticized Pentagon policy

Published

on

Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

The U.S. military will begin testing and treating service members with hormone therapy despite banning similar medical care for transgender service members.

Defense Secretary Pete Hegseth said Wednesday that troops ages 30 and older will be subject to annual testosterone screenings, while younger service members will have the option to voluntarily opt in. Some troops may then be recommended for hormone therapy, he explained in a video posted to social media.

“Under the supervision of our world-class medical professionals, warfighters age 30 and older are going to be tested annually as part of their periodic health assessment,” Hegseth said in a video posted to X, captioned “The High-T Department of War.”

This push to test testosterone levels, as the hormone is commonly referred to as “T,” runs counter to current medical guidelines. Physicians are generally advised to discuss testosterone therapy only with men who have symptoms consistent with low testosterone and documented low hormone levels on two separate blood tests.

Testosterone is a vital sex hormone that all humans naturally produce. It helps regulate muscle mass, bone density, and sex drive. In men, it is primarily produced in the testicles, while in women it is produced in the ovaries and adrenal glands.

Natural testosterone levels in men decline with age and have long been associated with issues such as erectile dysfunction, low libido, mood changes, and weight gain. However, experts continue to debate whether these conditions should routinely be treated with testosterone therapy.

Hegseth’s announcement aligns with other actions taken by the Trump-Vance administration โ€” including efforts by Health Secretary Robert F. Kennedy Jr. โ€” to make testosterone therapy more accessible for men, particularly those assigned male at birth.

Last month, the Food and Drug Administration proposed easing prescribing restrictions on testosterone gels, pills, patches, and injections following a December advisory panel that recommended reducing regulatory hurdles to expand access to testosterone therapy.

Currently, FDA labeling specifies that these medications are approved only for men with hypogonadism, a medical condition that causes abnormally low testosterone levels.

The announcement came as a shock to many LGBTQ advocates because Hegseth and the Defense Department have cited the use of hormone therapy by trans service members as justification for their dismissal under President Donald Trump’s 2025 executive order, “Prioritizing Military Excellence and Readiness.

The Pentagon continues to pursue implementation of the trans military ban as litigation proceeds. As a result, many trans service members have had their gender-affirming medical care halted, even as similar hormone therapy is now being expanded for cisgender service members. Under the executive order, the military currently disqualifies individuals diagnosed with gender dysphoria and has begun formal administrative separation proceedings for trans personnel.

SPARTA Pride, a nonpartisan nonprofit organization made up of trans service members, veterans, and their allies, issued a statement to the Washington Blade following Hegseth’s announcement.

“If hormone therapy helps warfighters perform at their best, then it cannot simultaneously be used as evidence that transgender service members are unfit to serve,” said Kara Corcoran, executive director of SPARTA Pride. “The same class of evidence-based medical treatment cannot be characterized as readiness-enhancing for one group and readiness-destroying for another.”

The legal fight over trans military service remains ongoing.

On June 1, the U.S. Court of Appeals for the D.C. Circuit ruled that trans service members already serving in the military could continue to do so, while allowing the armed services to continue refusing to enlist new trans recruits.

The Blade reached out to the Pentagon to ask why cisgender service members could receive hormone therapy while trans service members could not, but did not receive a response by the time of publication.

Continue Reading

National

Democrats are trying to disqualify trans candidates. Hereโ€™s how

Jordan Korgood suspended Mass. Governorโ€™s Council candidacy after opponent questioned residency

Published

on

Jordan Korgood outside the Massachusetts State House in Boston on July 8, 2026. (Photo by CJ Gunther for Uncloseted Media.)

Uncloseted Media published this article on July 14.

By HOPE PISONI | Jordan Korgood has come a long way. In 2023, she ran into financial difficulties while studying at Northeastern University in Boston and ended up unhoused. Ordinary shelters areย hotbeds of discrimination and mistreatmentย for transgender women like her, and the onlyย trans shelterย was full. So for five months, she slept in her car, in public libraries and anywhere she could find in order to continue her studies and campus activism.

Korgood, now 24, started a bid in March for a seat on Massachusetts Governorโ€™s Council, a state board tasked with approving judicial candidates. Despite running against an incumbent who has been in office for 41 years, she secured key endorsements from local Democrats and racked up more than 7,000 Instagram followers, the equivalent of nearly one-tenth of primary voters during the last election cycle.

But last month, her momentum was ripped away. It started when Ronald Iacobucci, one of her opponents, noticed that she was still registered to vote in the 2024 election with an old New York address. He proceeded to file an objection with the state, alleging that Korgood didnโ€™t meet the five-year residency requirement. While Korgood has lived in Massachusetts since 2019, she didnโ€™t have a valid address to register in the state while she was unhoused. So she used her motherโ€™s address, where she had lived before moving.

In an email to Uncloseted Media, Iacobucci wrote: โ€œBecause serious questions have arisen concerning compliance with those requirements, an objection was appropriate so the matter can be reviewed through the lawful process established by the commonwealth. This objection was nothing personal, it was always about the integrity of the process.โ€

While most residency challenges like thisย failย in Massachusetts, the State Ballot Law Commission disqualified Korgood on June 18. While she initially attempted to appeal the decision, the financial and logistical burden became too much โ€” she estimates it drained about 40 percent of her campaign funds. So on July 10, Korgoodย suspended her campaign.

โ€œI am incredibly frustrated that this is what I have to do at this point,โ€ Korgood told Uncloseted Media. โ€œIโ€™ve spent thousands of hours, Iโ€™ve sacrificed my own mental health, my social life, friendships, my professional aspirations and advancement to work on this campaign, and this is how theyโ€™re ruling.โ€

โ€œThese are cherry-picking remote issues to target specific individuals,โ€ Eliot Tracz, assistant professor of law at New England Law Boston, told Uncloseted Media. โ€œTheyโ€™re legitimate laws, but what theyโ€™re looking for is a selective application.โ€

Korgood isnโ€™t the only trans candidate facing barriers. While aย 2025 reportย by the LGBTQ+ Victory Institute found that trans representation among elected officials has increased by over 700 percent since 2017, candidates still face major hurdles.

Uncloseted Media found examples of trans candidates running for public office in Ohio and Michigan who have been threatened with disqualification over challenges to their eligibility. Often, the challenges come from their primary opponents: fellow Democrats.

โ€œIt should be voters, not political opponents, who decide who represents them,โ€ Daniel Hernandez, vice president of political programs at the LGBTQ+ Victory Fund, a nonprofit supporting queer candidates for public office, told Uncloseted Media. โ€œThis is not a legitimate way to fight โ€” if you have a disagreement on policy, thatโ€™s one thing, but to try and target trans people just because of who they are is completely unacceptable, especially in a Democratic primary.โ€

A growing strategy

The first widely publicized eligibility challenge against a trans candidate Uncloseted Media identified took place in Stark County, Ohio, in 2024. The Stark County Board of Elections, which has the same chairman as the countyโ€™s Democratic Party, disqualified Vanessa Joy, a trans woman who was running for a seat in the state legislature. The board cited an obscure state law requiring candidates who changed their name in the last five years to list their former name on candidacy petitions โ€” in Joyโ€™s case, her deadname.

โ€œThe original spirit of the law I kind of agree with,โ€ Joy told Uncloseted Media. โ€œBut thereโ€™s hardly any information about this law ever being enforced.โ€

Days later, Arienne Childrey and Bobbie Arnold, two other trans candidates, had their eligibility challenged based on this law. While both candidates were cleared to run, that wasnโ€™t the case for Joy, who never made it on the ballot.

Tom Sutton, a political science professor at Baldwin Wallace University, toldย Spectrum News 1ย he had never seen this law enforced in his 30 years of study. At the time, the relevant forms didnโ€™t include a space to list former names, an omission that has since beenย corrected.

โ€œThe only way to find out about it was to dig deep into all of the additional documents on their website,โ€ says Joy. โ€œThey used this law against me.โ€

Similar challenges cropped up in Michigan this year. Joanna Whaley, a trans woman running for a seat in the state legislature, faced a legal complaint from her Democratic primary opponent Frank Liberati, who claimed in April that she should have filed campaign paperwork under her deadname.

โ€œBecause both the original and amended affidavits of identity filed by โ€˜Joanna Michelle Whaleyโ€™ contain FALSE statements, she/he cannot be certified to appear on the Aug. 4, 2026, primary election ballot,โ€ย the complaint argues.

The county clerk denied the challenge, which deadnames Whaley, because she had legally changed her name. Liberatiโ€™s complaint was widely condemned, with the Michigan Legislative LGBTQ+ Caucus calling it โ€œmeritlessโ€ and โ€œtransphobic.โ€

โ€œIt completely backfired on him,โ€ Whaley told Uncloseted Media. โ€œWe tripled our cash on hand within a week because of the support that weโ€™ve gotten from our community, and actually are in a stronger position now to win this race.โ€

While Whaley benefited from the challenge, thatโ€™s not the norm. Toni Mua, a trans woman running for a seat in the Michigan legislature, received a complaint from political activist Robert Davis in April who alleged that she also should have run under her deadname.

One of Muaโ€™s opponents, Democrat Arthur Harrington, had discussed the challenge with Davis before it was filed, according to DeNiro Jones, Harringtonโ€™s former campaign manager. Jones told Uncloseted Media he sat in on a meeting between the two where they discussed the plan.

Jones also sent Uncloseted Media a screenshot of what he says is a text thread that Harrington sent him. In the screenshot, Davis tells Harrington, โ€œThe transgender candidate will be eliminated,โ€ and Harrington responds that โ€œToni also wonโ€™t have the money to fight it.โ€ Those texts were from April 22, two days before Davis filed the challenge.

In an email to Uncloseted Media, Davis called this story โ€œbaseless and meritlessโ€ and referred to Mua as โ€œan illegitimate candidate seeking attention.โ€

โ€œA candidate who happens to identify as transgender clearly violated Michigan Election Law and should not have been allowed to appear on the ballot,โ€ Davis wrote. โ€œA personโ€™s sexual orientation nor identity played no part in the litigation seeking to have the person who filed a false affidavit of identity properly removed from the ballot.โ€

Arthur Harrington did not reply to multiple requests for comment. But in a June statement to Michigan Advance, he denied allegations that he was involved in Davisโ€™s challenge.

These legal fights cost a lot. Korgood paid her lawyer $5,000. And while Mua defeated her challenge, she also had to use an estimated 40 percent of her campaign funds, or $10,000, to fight it.

In its opinion rejecting Davisโ€™s challenge of Muaโ€™s candidacy, the state court of appeals wrote, โ€œPlaintiff misreads the statute โ€ฆ The Court of Claims did not err by concluding that Mua complied with the law or that the Wayne County Clerk did not err in rejecting plaintiffโ€™s challenge.โ€

โ€œI had to leave my job to run for this open seat,โ€ Mua told Uncloseted Media. โ€œIt truly pisses me off, because [Democrats] have always said that they were better than this, and itโ€™s showing truly where their support lies.โ€

Quinn Allred, executive director at Let Us Lead, a youth-focused voting rights nonprofit, finds these eligibility challenges from Democrats โ€œdespicable.โ€

โ€œInstead of saying โ€˜trans people shouldnโ€™t be running,โ€™ [theyโ€™re entering] into this respectability politics and saying โ€˜oh, itโ€™s actually because the names donโ€™t match up, or itโ€™s because of this residency law,โ€™โ€ Allred told Uncloseted Media. โ€œ[Itโ€™s a] special brand of cowardice that it takes for a Democrat to target a queer person who is also running for office.โ€

Uneven enforcement

While challenges to candidatesโ€™ residency arenโ€™t uncommon in Massachusetts, theyย usually fail, according to Western Mass Politics & Insight, a long-running blog by local political and legal analysts.

The blog says most officials with authority over elections have a โ€œgreat reluctance โ€ฆ to remove an individual from the ballot.โ€ This makes Korgoodโ€™s removal unusual.

And while the State Ballot Law Commission says it considers many factors when determining a candidateโ€™s residency and โ€œno factor standing alone can be dispositive,โ€ it largely cited Korgoodโ€™s voter registration in its decision despite other evidence that supports her eligibility, including apartment leases and membership in city programs.

โ€œWhile thereโ€™s an undertone of legitimacy to some of those claims, itโ€™s very selective,โ€ Tracz says. โ€œMost of us, when we move to a new state, donโ€™t bother to go through the process of getting rid of our registration to vote in the prior state.โ€

Throughout history, Massachusetts candidates who faced similar challenges have been left on the ballot. These include former Massachusetts Gov. Mitt Romney, who received a tax credit in Utah reserved for primary residences, and Brockton, Mass., mayoral candidate Hamilton Rodrigues, who had gotten his voter registration in Brockton removed and hadnโ€™t voted in the city for over 10 years.

Months after Joyโ€™s disqualification in Ohio, the Mahoning County Board of Elections struck down a similar challenge against Republican Tex Fischer, a cisgender man who changed his legal name. They allowed him to stay on the ballot.

Tracz says a judge would likely find selective enforcement like this questionable.

โ€œ[That rule is] applicable to any candidate, and the question then becomes โ€˜Is this only being enforced against a select group of candidates?โ€™โ€ he says. โ€œWhy are we only investigating a specific type of candidate? I think that will give some courts pause.โ€

Making existing challenges worse

Trans candidates face hurdles beyond eligibility challenges. A June report from the LGBTQ+ Victory Institute found that nearly two-thirds of LGBTQ candidates face in-person harassment and nearly 80 percent of them face online harassment.

โ€œWhether itโ€™s threats of violence, coordinated harassment campaigns, attempts to remove people from the ballot, the cumulative effect is the same: public service becoming more difficult and less accessible to the LGBTQ community,โ€ says Hernandez of the Victory Fund.

Whaley says the increased attention from Liberatiโ€™s challenge brought even more harassment her way. She says she reports death threats to the police weekly and has a security detail at every public appearance. Security has become her second-largest campaign expense, and for good reason; in October, her team intervened when a man wearing a Make America Great Again hat followed her around with a gun at a No Kings rally.

โ€œAt the end of the day, I want to get home to tuck my kids in bed,โ€ Whaley says. โ€œWe could be using that money for other things, but weโ€™re having to use it to just keep me alive.โ€

Eligibility challenges distract from the candidatesโ€™ policies. Childrey remembers one woman telling her she couldnโ€™t vote for her because sheโ€™s โ€œonly about the rainbow people.โ€

โ€œMost of what [Iโ€™m] talking about is affordability, funding for our public schools … bread and butter issues,โ€ Childrey told Uncloseted Media. โ€œThere is an assumption, because weโ€™re trans, that thatโ€™s all it is.โ€

Barriers also pile up intersectionally.ย Nearly one-thirdย of trans people experience homelessness at some point in their lives, a rate eight times higher than the general population. This means barriers for unhoused people disproportionately affect trans candidates.

โ€œTrans youth, trans people of color, students, those who are unhoused like [Korgood] was, or who are disabled or low-income โ€” those barriers only compound,โ€ Allred says.

What could change?

Zein Murib, a political science professor at Fordham University, says these incidents demonstrate the need for more leniency with official documentation, arguing that a candidateโ€™s deadname or legal sex arenโ€™t relevant information. Today, 45 states accept common-law names, or the name a person uses in everyday life regardless of their ID, for other legal procedures, and Whaley says this should apply to campaigns as well.

Besides these policy changes, Allred says LGBTQ advocacy groups should allocate more funds to defend trans candidates from eligibility challenges. And Hernandez says that more people should condemn these tactics and show support for those targeted.

โ€œWe need to make sure that we set the expectation that everyone โ€ฆ is rejecting these tactics that are disproportionately burdening our trans candidates,โ€ he says. โ€œWe have to call it out when we see it, and we have to make sure that we are not just letting candidates fight these fights themselves.โ€

Mua says that she doesnโ€™t see a future for herself or other trans people with the Democrats unless the party stands up for them. โ€œI refuse to put myself into a party where I donโ€™t see my safety and protection being vital.โ€

While Korgood says she is saddened by this outcome, she doesnโ€™t intend for her political career to end.

โ€œIโ€™m incredibly proud of what we were able to accomplish, and while I am beyond disappointed and frustrated that this is how this is ending, I am so grateful that I earned the support and the attention of thousands of people in this race.โ€


Uncloseted Media also reached out to the Stark and Mahoning County Boards of Elections as well as the office of the Secretary of State in Ohio, and the Elections division of the Secretary of the Commonwealth of Massachusetts, under which the State Ballot Law Commission serves. None replied.

Continue Reading

Popular