News
DOJ touts anti-LGBT views, task force at ‘religious freedom’ summit
Sessions accused of ‘undermining LGBTQ rights’
Attorney General Jeff Sessions announced the creation of a Religious Liberty Task Force. (Washington Blade photo by Michael Key)
A summit at the U.S. Justice Department on Monday ostensibly intended to promote religious freedom, including the creation of a Religious Liberty Task Force, often highlighted efforts to enable anti-LGBT discrimination.
At the summit in the Justice Department’s Great Hall, U.S. Attorney General Jeff Sessions announced the creation of the task force to implement “religious freedom” guidance he issued last year.
“The task force will help the department fully implement our religious liberty guidance by ensuring that all Justice Department components — and we got a lot of components around the country — are upholding that guidance in the cases they bring and defend, the arguments they make in court, the policies and regulations they adopt and how we conduct our operations,” Sessions said.
According to the Justice Department, Sessions will serve as chair of the task force, which will be co-chaired by Acting Associate Attorney General Jesse Panuccio and Associate Attorney General for the Office of Legal Policy Beth Williams.
Sessions said a primary mission of the Religious Liberty Task Force will be ensuring Justice Department employees “know their duty is to accommodate people of faith.”
“This administration is animated by the same American view that has led us for 242 years that every American has a right to believe and worship and exercise their faith in the public square,” Sessions added.
The underlying guidance on which the task force is based seeks to allow individuals and businesses to act in the name of religious freedom — often used as an exercise for anti-LGBT discrimination — without fear of government reprisal. Nowhere in the guidance is there a limiting principle assuring the right to free exercise of religion should be an excuse to engage in anti-LGBT discrimination.
Announcing the new task force, Sessions referenced the Masterpiece Cakeshop case in which a Colorado baker was sued after he refused to make a custom-made wedding cake for a same-sex couple. The U.S. Supreme Court narrowly ruled in his favor based on the facts of his case, citing anti-religion sentiment on the Colorado Civil Rights Commission.
Sessions commended Phillips for having endured an “ordeal faced so gravely,” touting an amicus brief the Justice Department filed on his behalf before the Supreme Court. U.S. Solicitor General Noel Francisco also argued in favor of Phillips before justices in oral arguments.
“Let’s be frank: A dangerous movement, undetected by many, but real, is now challenging and eroding our great tradition of religious freedom,” Sessions said at the start of his remarks. “There can be no doubt, it’s no little matter. It must be confronted intellectually and politically, and defeated.”
LGBT rights supporters said in response to the creation of the Religious Liberty Task Force its purpose was to further the Trump administration’s goal of compromising LGBT rights.
Louise Melling, deputy legal director for the American Civil Liberties Union, said the agenda of the Religious Liberty Task Force “isn’t consistent with religious freedom.”
“Religious freedom protects our right to our beliefs, not a right to discriminate or harm others,” Melling said. “Jeff Session’s Department of Justice is again turning that understanding of religious freedom on its head.”
Lucas Acosta, director of LGBTQ media for the Democratic National Committee, said in a statement the task force is “just the latest assault in this administration’s continued campaign against LGBTQ people and our civil rights.”
“By creating this task force, Sessions is establishing a unit dedicated to undermining LGBTQ rights and giving anti-LGBTQ far-right extremists like task force head Jesse Panuccio a taxpayer-funded platform to push their anti-equality agenda,” Acosta said. “Rather than ensuring every person has equal protections and opportunities, Sessions is shamefully doubling down on bigotry.”
But the creation of the Religious Liberty Task Force was just one portion of the summit, which also included the voices of participants who urged a commitment to religious freedom to advance anti-LGBT discrimination.
Archbishop of Louisville Joseph Edward Kurtz, who formerly served as president of the U.S. Conference of Catholic Bishops, said religious freedom is facing challenges that amount to “power-seeking for the purpose of imposing one’s will on others.”
Kurtz cited as an example Catholic adoption agencies being “targeted for closure” for refusing to place children with LGBT families out of religious objections.
“One of the biggest concerns is the ability of our child welfare providers to continue to be able to place children with foster and adoptive families consistent with our teaching,” Kurtz said.
Although no government is actively seeking to close Catholic adoption agencies, they have threatened to shut their doors on their own in the wake of the legalization of same-sex marriage because they feel they’ll be forced to place children with gay couples who marry.
As a result, a growing number or states have enacted anti-LGBT adoption laws allowing taxpayer-funded agencies to refuse to place children with LGBT families over religious objections. House Republicans have inserted an amendment in a pending appropriations bill that would penalize states and localities for having policies barring anti-LGBT discrimination among adoption agencies.
Phillips, the owner of Masterpiece Cakeshop, was himself present at the summit and took part in a panel of individuals who say they are facing challenges to their religious freedom.
Moderating his panel was Justice Department spokesperson Kerri Kupec, formerly a spokesperson for the anti-LGBT Alliance Defending Freedom. At a time when that term is used as justification for anti-LGBT discrimination, Kupec said in her introduction of the panel religious freedom is often “housed in scare quotes, as if it’s not a real thing, or even worse, a bad thing, which is tragic.”
Much of Kupec’s questioning of Phillips sought to elicit sympathy for him, which meant his act of refusing to make a custom-made wedding cake for a same-sex couple who entered his store was glossed over as he explained his commitment to his religious views.
In addition to refusing to make a same-sex wedding cake, Phillips said his religious beliefs compel him to close on Sundays, refuse to service Halloween celebrations or make cakes with denigrating messages.
“It’s the message of the cake that I evaluate, not the person who ordered the cake,” Phillips said. “In one instance, I had a man who wanted me to make a cake basically telling his boss that he was a jerk, so I wouldn’t do that, but I’ve also had people asked me to do cakes that would disparage gay people, the gay lifestyle, but I wouldn’t do that either because they’re hurtful cakes.”
As the litigation went forward, Phillips said he received death threats as well as a threat over the phone against his daughter. As a result, Phillips said he wouldn’t allow employees to answer the phone at Masterpiece Cakeshop and would only take calls himself.
Noting the U.S. Supreme Court only takes a few select cases each year, Phillips became emotional when he recalled news that justices had agreed to take up his petition after the state of Colorado ruled against him.
Even though the result of the case was narrowly in his favor and didn’t open up a First Amendment right for anti-LGBT discrimination, Phillips said it was worth the effort.
“True tolerance has to be a two-way street,” Phillips said. “We’re thrilled that the United States ruled in our favor, this ruling solidifying religious freedom in our country, but it’s not just for me, it’s for all us, every American should now be able to live and work freely and according to their conscience without fear of punishment from the government.”
Other speakers at the summit expressed concerns about threats to religious minorities in a manner that progressives would likely agree is a threat to religious freedom.
Among them was Harpreet Singh, who works with Muslim, Arab, Sikh, South Asian and Hindu religions on behalf of the Justice Department, and Asma Uddin, senior scholar at the Religious Freedom Center of the Freedom Forum Institute, who talked about anti-Muslim sentiments.
Singh said his agency has found hate crimes against minority religions have been increasing, which he said is substantiated by the Federal Bureau of Investigation’s annual reports and studies from universities, although “there’s a lot of underreporting going on.”
But other speakers on the panel railed against efforts to uphold LGBT rights as they face compromise in the name of religious freedom, including Emilie Kao, director of the Richard & Helen DeVos Center for Religion & Civil Society at the anti-LGBT Heritage Foundation.
Kao was critical of litigation filed by the ACLU against the Michigan law enabling Catholic adoption agencies to refuse placement to LGBT families over religious objections.
Asserting same-sex couples seeking to adopt face no problem in access to adoption, Kao said the plaintiff in the lawsuit drove past four other adoption agencies to reach St. Vincent’s Catholic Charities, which she said “still holds the belief that they should put every child with a mother and father.”
“The lesbian couple says they were personally offended by St. Vincent’s not placing a child with them,” Kao said. “I think it’s important for us to recognize that throughout the history of our country and the Supreme Court’s cases, we have always protected the right of people to follow their religious beliefs, and we’ve never protected the right not to have your feelings hurt.”
Michael McConnell, a law professor at the Constitutional Law Center at Stanford University, warned of the growing compromise that religious liberty faces in the wake of growing “sexual freedom.”
“An extremely popular argument in religious circles has been that religious accommodations are necessarily unconstitutional if they lead to so-called third-party harm,” McConnell said. “If there’s anyone whose rights or interests…are interfered with, that that means the accommodation is simply unconstitutional. To my mind, that’s an extremely implausible argument because virtually every accommodation, and indeed, virtually any application of any constitutional right — free speech, property, due process — there’s always someone on the other side of ledger who’s interests are being harmed.”
Ecuador
Justicia reconoce delito de odio en caso de bullying en Instituto Nacional Mejía de Ecuador
Johana B se suicidó el 11 de abril de 2023
A casi tres años del suicidio de Johana B., quien estudió en el Instituto Nacional Mejía, colegio emblemático de Quito, el Tribunal de la Corte Nacional de Justicia ratificó la condena para el alumno responsable del acoso escolar que la llevó a quitarse la vida.
Según información de la Fiscalía, el fallo de última instancia deja en firme la condena de cuatro años de internamiento en un centro para adolescentes infractores, en una audiencia de casación pedida por la defensa del agresor, tres meses antes de que prescriba el caso.
Con la sentencia, este caso es uno de los primeros en el país en reconocer actos de odio por violencia de género, delito tipificado en el artículo 177 del Código Orgánico Penal Integral (COIP).
El suicidio de Johana B. ocurrió el 11 abril de 2023 y fue consecuencia del acoso escolar por estereotipos de género que enfrentó la estudiante por parte de su agresor, quien constantemente la insultaba y agredía por su forma de vestir, llevar el cabello corto o practicar actividades que hace años se consideraban exclusivamente para hombres, como ser mando de la Banda de Paz en el Instituto Nacional Mejía.
Desde la muerte de Johana, su familia buscaba justicia. Su padre, José, en una entrevista concedida a edición cientonce para la investigación periodística Los suicidios que quedan en el clóset a causa de la omisión estatal afirmó que su hija era acosada por su compañero y otres estudiantes con apodos como “marimacha”, lo que también fue corroborado en los testimonios recogidos por la Unidad de Justicia Juvenil No. 4 de la Fiscalía.
Los resultados de la autopsia psicológica y del examen antropológico realizados tras la muerte de Johana confirmaron las versiones de sus compañeras y docentes: que su agresor la acosó de manera sistemática durante dos años. Los empujones, jalones de cabello o burlas, incluso por su situación económica, eran constantes en el aula de clase.
La violencia que recibió Johana escaló cuando su compañero le dio un codazo en la espalda ocasionándole una lesión que le imposibilitó caminar y asistir a clases.
Días después del hecho, la adolescente se quitó la vida en su casa, tras escuchar que la madre del agresor se negó a pagar la mitad del valor de una tomografía para determinar la lesión en su espalda, tal como lo había acordado previamente con sus padres y frente al personal del DECE (Departamento de Consejería Estudiantil del colegio), según versiones de su familia y la Fiscalía.
#AFONDO | Johana se suicidó el 11 de abril de 2023, tras ser víctima de acoso escolar por no cumplir con estereotipos femeninos 😢.
Dos semanas antes, uno de sus compañeros le dio un codazo en la espalda, ocasionándole una lesión que le imposibilitó caminar 🧵 pic.twitter.com/bXKUs9YYOm
— EdicionCientonce (@EdCientonce) September 3, 2025
“Era una chica linda, fuerte, alegre. Siempre nos llevamos muy bien, hemos compartido todo. Nos dejó muchos recuerdos y todos nos sentimos tristes; siempre estamos pensando en ella. Es un vacío tan grande aquí, en este lugar”, expresó José a Edición Cientonce el año pasado.
Para la fiscal del caso y de la Unidad de Justicia Juvenil de la Fiscalía, Martha Reino, el suicidio de la adolescente fue un agravante que se contempló durante la audiencia de juzgamiento de marzo de 2024, según explicó a este medio el año pasado. Desde entonces, la familia del agresor presentó un recurso de casación en la Corte Nacional de Justicia, que provocó la dilatación del proceso.
En el fallo de última instancia, el Tribunal también dispuso que el agresor pague $3.000 a la familia de Johana B. como reparación integral. Además, el adolescente deberá recibir medidas socioeducativas, de acuerdo al artículo 385 del Código Orgánico de la Niñez y Adolescencia, señala la Fiscalía.
El caso de Johana también destapó las omisiones y negligencias del personal del DECE y docentes del Instituto Nacional Mejía. En la etapa de instrucción fiscal se comprobó que no se aplicaron los protocolos respectivos para proteger a la víctima.
De hecho, la Fiscalía conoció el caso a raíz de la denuncia que presentó su padre, José, y no por el DECE, aseguró la fiscal el año pasado a Edición Cientonce.
Pese a estas omisiones presentadas en el proceso, el fallo de última instancia sólo ratificó la condena para el estudiante.
U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.
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