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16 states urge Supreme Court to rule workers can be fired for being trans

Nebraska AG leads coalition seeking reversal of pro-trans Sixth Circuit ruling

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Nebraska Attorney General Doug Peterson is leading 16 states in urging the Supreme Court to rule workers can be fired for being trans. (Photo public domain)

A coalition of 16 states led by Nebraska Attorney General Douglas Peterson is urging the U.S. Supreme Court to reverse a federal appeals court decision in favor of a fired transgender funeral home worker and determine workers can be terminated for being transgender.

The states filed a friend-of-the-court brief before the Supreme Court last week in response to a petition urging justices to take up and reverse the U.S. Sixth Circuit Court of Appeals’ ruling in Harris Funeral Homes v. EEOC, which held anti-trans discrimination is unlawful under Title VII of the Civil Rights Act of 1964, which bars sex discrimination.

Alliance Defending Freedom, an anti-LGBT legal firm, filed the underlying petition seeking Supreme Court review and reversal of the Sixth Circuit decision.

Although the Supreme Court is in recess for the summer and has yet to decide whether to take up the case, the states argue anti-transgender discrimination remains lawful despite the Sixth Circuit ruling on a federal basis.

“Unless and until Congress affirmatively acts, our Constitution leaves to the States the authority to determine which protections, or not, should flow to individuals based on gender identity,” the brief says. “The Sixth Circuit ignored this fact and essentially rewrote federal law, engaging in policy experimentation.”

The brief points to writings from the late U.S. Associate Justice Antonin Scalia to argue Congress didn’t intend to cover transgender people under Title VII of the Civil Rights Act of 1964, which bars sex discrimination in the workplace.

“The term ‘gender identity’ does not appear in the text of Title VII or in the regulations accompanying Title VII,” the brief says. “In fact, ‘gender identity’ is a wholly different concept from ‘sex,’ and not a subset or reasonable interpretation of the term ‘sex’ in Title VII. The meaning of the terms ‘sex,’ on the one hand, and ‘gender identity,’ on the other, both now and at the time Congress enacted Title VII, forecloses alternate constructions.”

The filing stands in contrast to mountains of case law that determined anti-trans discrimination amounts to sex discrimination is therefore unlawful under Title VII. In fact, many of those courts rulings are based on the Supreme Court decision written in 1998 by Scalia in Oncale v. Sundower Offshore Services, which determined courts should construe protections under Title VII broadly, even in cases of same-sex harassment.

The brief was filed in case involving Aimee Stephens, a transgender worker who was terminated from her position at Harris Funeral Home in Michigan after she announced she would transition on the job. The owners objected to her continued employment, citing religious concerns.

The U.S. Equal Employment Opportunity Commission chose to represent Stephens based on its findings in the 2012 case of Macy v. Holder, although the American Civil Liberties Union later took up representation of Stephens.

Although the trial court ruled in favor of the funeral home and found the Religious Freedom Restoration Act permitted Stephens’ termination, the Sixth Circuit reversed that and agreed her termination was illegal under Title VII.

Joining Peterson in signing the brief are attorneys general from Alabama, Arkansas, Kansas, Louisiana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia
Wyoming as well as the governors of Kentucky, Maine and Mississippi.

Harper Jean Tobin, director of policy for the National Center for Transgender Equality, condemned the brief in a statement, saying the signers of the filing “are acting in a complete state of ignorance.”

“This brief is a political attack on the humanity of transgender people,” Tobin said. “It ignores decades of law and the realities faced by transgender workers across this country. Ms. Stephens’ case is the textbook definition of sex discrimination, and court after court has already shown this to be true. All Americans deserve a fair shot at their jobs, and the desperation of officials from these 16 states to legalize discrimination is despicable.

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U.S. Military/Pentagon

Pentagon expands testosterone screening as trans troops face hormone therapy restrictions

Defense Department says updated guidelines to be issued shortly

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

The Pentagon has announced that new clinical guidance will be released establishing mandatory testosterone deficiency screening for active-duty and reserve cisgender male service members ages 30 and older, advancing a policy that expands hormone-related care for cisgender troops.

The Defense Department said the existing clinical guidelines, which are not currently available on the Defense Health Agency’s website, are being updated and that the final guidance will be issued shortly.

The announcement comes amid a wave of anti-transgender policies from both the DoD and the Trump-Vance administration, which continue to prohibit trans men from receiving the same treatment.

Under the forthcoming guidance, men ages 30 and older will be forced to undergo testosterone blood tests as part of their medical care. Younger male service members will be tested if they request screening or if clinicians identify warning signs of low testosterone.

The new guidelines formalize a screening program Defense Secretary Pete Hegseth announced in July, when he said the Pentagon would begin testing service members to ensure that “you have the right testosterone levels to operate at your absolute best.”

“Taking care of your long-term health means ensuring you remain strong, resilient, and capable — not just for your next deployment, but for the rest of your life, so you can thrive long after you take off the uniform,” Hegseth said at the time.

The Defense Health Agency’s clinical guidance says the program is intended to address “hormonal and energy-availability issues.” Hegseth said in July that testosterone replacement therapy would remain voluntary for service members if treatment is recommended.

The Food and Drug Administration is also scheduled to hold a meeting later this month with experts to discuss the medical use of testosterone.

The Pentagon’s push to routinely test testosterone levels runs counter to current medical guidance, which generally recommends considering testosterone therapy only for men who have symptoms consistent with low testosterone and have documented low hormone levels on two separate blood tests.

Testosterone is a sex hormone naturally produced by people of all sexes. It plays a role in regulating muscle mass, bone density, and sex drive. Testosterone levels in men naturally decline with age and have been associated with symptoms including erectile dysfunction, low libido, mood changes and weight gain, although experts continue to debate when testosterone therapy is medically appropriate.

The policy has drawn scrutiny from LGBTQ advocates because the Pentagon and Hegseth have simultaneously cited hormone therapy as part of the rationale for removing trans service members from the military.

Under President Donald Trump’s 2025 executive order, “Prioritizing Military Excellence and Readiness,” the military has moved to bar trans people diagnosed with gender dysphoria from serving and has begun formal administrative separation proceedings against trans personnel.

The Pentagon continues to pursue implementation of the trans military ban as litigation over the policy proceeds. As a result, some trans service members have had their gender-affirming hormone therapy halted even as the Pentagon expands testosterone screening and potential treatment for cisgender service members.

SPARTA Pride, a nonpartisan nonprofit organization made up of trans service members, veterans and their allies, criticized the disparity to the Washington Blade when Hegseth first announced the screening program.

“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.”

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 when the testosterone screening program was first announced in July, asking why cisgender service members could receive testosterone therapy while transgender service members could not. The Pentagon did not respond.

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National

Lou Chibbaro Jr. documentary wins award from NLGJA

‘Lou’s Legacy’ produced by D.C.’s Mattachine Society

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“Lou’s Legacy: a Reporter’s Life at the Washington Blade,” a documentary produced by The Mattachine Society of Washington, D.C., will receive an Excellence in Journalism Award from NLGJA, the Association of LGBTQ+ Journalists. 

The film premiered on WETA PBS in D.C. and Maryland Public Television (MPT) in June of 2025. The documentary’s Emmy-nominated director and producer Patrick Sammon will accept the award for Excellence in Local Television on Sept. 11 at NLGJA’s National Convention in San Francisco. 

“Lou’s Legacy” was produced in association with the Mattachine Society of Washington, D.C., a non-profit LGBTQ history society dedicated to conducting original archival research. Aside from Sammon, the NLGJA is recognizing other members of the film’s production team including Producer Julianne Donofrio, Editor Amir Jaffer, Executive Producer Charles Francis, and Executive Producer Pate Felts.  

“Lou’s Legacy” tells the story of two D.C. icons — legendary Washington Blade reporter Lou Chibbaro Jr. and beloved drag performer Donnell Robinson, known to generations of Washington audiences as “Ella Fitzgerald.” Through Lou’s nearly five-decade career at the Blade and Ella’s return to the stage after a three-year hiatus following COVID, the 29-minute documentary explores the history of Washington’s LGBTQ community and today’s rising backlash against LGBTQ rights, including laws targeting drag performers. 

“All students of journalism can learn a lot from the story of Lou Chibbaro, Jr. Lou has chronicled nearly five decades of LGBTQ+ life and the community’s struggle for equality in Washington, D.C. Lou’s work and the role of the queer press has been essential in covering stories the mainstream media would often ignore or erase,” said Ryan Levi, president of the D.C. chapter of the NLGJA.  

“We are thrilled to receive this award from the NLGJA,” said the film’s director Patrick Sammon. “Lou Chibbaro’s nearly five decade career at the Washington Blade demonstrates the essential role LGBTQ journalism plays in telling our community’s stories and documenting its history. This recognition from journalists who follow in Lou’s footsteps is particularly meaningful to me and the rest of our production team.”

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Arizona

Shooting outside gay bar in Ariz. leaves three dead

Tucson police investigating double murder-suicide as a hate crime

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The shooting happened outside Venture-N bar in Tucson, Ariz. (Washington Blade photo by Michael K. Lavers)

Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.

Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.

The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.

Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.

Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.

Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.

“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”

According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.

Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.

“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”

“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”

Other federal lawmakers also condemned the shooting.

The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.

“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”

The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.

“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”

A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.

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