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Celebrate Bostock, for now

Religious questions continue to shape scope of legal protections

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Bostock, gay news, Washington Blade
Gerald Bostock speaks to reporters on the steps of the U.S. Supreme Court building on Oct. 8, 2019. (Washington Blade photo by Michael Key)

In what is at least the biggest victory for LGBTQ Americans since the 2015 decision legalizing same-sex marriage, last month the Supreme Court held that employers who fire employees for their sexual orientation or gender identity violate Title VII of the Civil Rights Act.

But under what circumstances will religious employers be subject to, and their employees protected by, the rule the Court announced?

Let’s start with the positive. The decision in Bostock v. Clayton County, Georgia and the two cases consolidated with it arguably expands the civil rights of LGBTQ Americans more broadly than the Court’s previous gay rights decisions. While the Court’s earlier decisions affirmed for LGBTQ people what retired Justice Anthony Kennedy dubbed “equal dignity in the eye of the law,” in practice they benefited LGBTQ people primarily in the context of our romantic, marital, and sexual relationships. Monday’s decision establishes the equality of LGBTQ individuals as individuals, of sexual orientation and gender identity as categories of human personhood.

This should be a time of nearly unalloyed celebration for LGBTQ Americans, our families, friends, and allies. Though we mourn the loss of two of the plaintiffs in the cases, Donald Zarda and Aimee Stephens, who did not survive to see justice done, the decision has far-reaching implications we have waited a long time for. But the Court’s opinion, authored by Justice Neil M. Gorsuch and joined by Chief Justice John G. Roberts, Jr. and the court’s four liberal members, also signaled where the next front in the battle for LGBTQ equality will be drawn.

Religion, as Justice Stephen Breyer commented at October’s oral arguments, “is the elephant in the room.” It was not for nothing that numerous faith-based organizations attempted to sway the Court’s thinking. National evangelical associations and the U.S. Conference of Catholic Bishops weighed in on behalf of employers who had fired gay and transgender employees, warning that a decision like the one the Court handed down this week “will trigger open conflict with faith-based employment practices of numerous churches, synagogues, mosques, and other religious institutions.” But the Court heard from religious voices on the other side of the spectrum as well, with progressive Muslim, Jewish, and Christian groups urging the justices to affirm the God-given equality of all individuals and prohibit discrimination in our increasingly pluralistic society.

Justice Breyer was right about the place of religion in the cases decided in June, because they did not explicitly feature arguments about religious freedom. Title VII does include an exception for religious organizations that wish to make employment decisions on the basis of their employees’ religious beliefs. Over the past 40 years, lower courts and the Supreme Court have added a separate, judge-made exception that, in the name of avoiding First Amendment problems, frees religious institutions from Title VII when it comes to the hiring and firing of those whom the courts deem “ministers.” And, as Justice Gorsuch observed, the federal Religious Freedom Restoration Act (RFRA) might also “supersede Title VII’s commands in appropriate cases.”

But most objections to the full equality of LGBTQ Americans rest on religious grounds, and so it is not surprising that questions about religion continue to shape the scope of legal protections for LGBTQ citizens.

We will not have to wait long for the next salvo in what has become an ongoing conflict between antidiscrimination laws and assertions about religious freedom.

In May, two Trump administration cabinet departments proposed enabling healthcare providers and homeless shelters to turn away, for reasons of conscience, those who identify as transgender. Later this term—maybe even this week—the Supreme Court will hand down its decision in a second set of discrimination cases. Teachers at two Catholic elementary schools in the Archdiocese of Los Angeles claim they were fired for legally impermissible reasons: one because of a cancer diagnosis that rose to the level of a disability, the other because of age. The schools have argued that because the teachers performed “important religious functions,” they are covered by Title VII’s “ministerial exception” and, therefore, the schools’ employment decisions merit categorical immunity from antidiscrimination laws.

Whether in the context of sexuality, disability, or age, situations like these demand that courts and legislators walk a very narrow tightrope. The success of our pluralistic society requires that we neither ignore sincerely held doctrines religious institutions follow when deciding whom to permit to minister in their name, nor that we defer so blindly to religious institutions that any invocation of faith becomes a shield against laws written to govern everyone, including antidiscrimination laws. It is troubling that, in recent years, some courts and administrative agencies have refused to decide disputes involving religiously affiliated employers, hesitating even to inquire whether they have jurisdiction in individual cases.

The Supreme Court did not need to, and therefore did not, resolve these complex questions in its landmark ruling in Bostock. But the questions keep turning up, in cases involving bakers and photographers, teachers and organists. For the peace of mind of all who work in and patronize institutions with a religious mission, sooner or later the Court will have to decide. Whether that day will also be a day of celebration for LGBTQ Americans remains to be seen.

Patrick Hornbeck is chair and professor of theology at Fordham University, where he is also a JD candidate at Fordham Law School.

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The true cost of cutting DEI

A threat to business, innovation, and disability economic power

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(Image by anirav/Bigstock)

The Trump administration’s push to dismantle Diversity, Equity, and Inclusion (DEI) initiatives isn’t just bad policy—it’s bad for business. 

For decades, DEI programs have helped break down barriers, making workplaces more accessible and opening doors for disabled talent. Rolling them back isn’t just an attack on equity; it’s a blow to our economy, limiting innovation and shutting out a massive, untapped workforce.

When companies invest in inclusion, they don’t just do the right thing—they see real financial returns. A landmark Accenture study found that businesses prioritizing disability inclusion outperformed their competitors, saw “1.6 times more revenue, 2.6 times more net income and 2 times more economic profit than other companies.”     

Disability inclusion isn’t charity—it’s a competitive advantage. Gutting DEI won’t just hurt disabled professionals; it will cost businesses billions in lost talent, innovation, and market potential.

In the United States, 25% of the population has a disability. Yet, disabled individuals remain the most underemployed segment of the workforce. According to the U.S. Bureau of Labor Statistics (2023):

  • Only 22.5% of people with disabilities were employed, compared to 65.8% of non-disabled individuals.
  • The unemployment rate for disabled workers (7.2%) is more than double that of non-disabled workers (3.5%).

Before DEI became a corporate and policy priority, disabled individuals were often excluded from hiring pipelines due to misconceptions about our capabilities. Through targeted recruitment, universal design policies, and disability awareness training, DEI programs have helped break these barriers down. Rolling back these initiatives will make it even harder for disabled job seekers to compete on an already uneven playing field.

Hiring is just one part of the equation. Retention and advancement matter just as much.

Workplaces that prioritize inclusion are more likely to invest in accessible infrastructure, flexible work arrangements, and Employee Resource Groups (ERGs) that empower disabled workers to thrive. Without this support, many of us are left struggling in environments that were never designed with our needs in mind—leading to higher turnover rates and fewer leadership opportunities.

Furthermore, DEI initiatives have played a critical role in shifting corporate attitudes toward disability. They have challenged long-standing stigmas and fostered a culture where disabled individuals are seen not as liabilities but as assets—with unique perspectives, relentless problem-solving skills, and the entrepreneurial mindset that comes from navigating obstacles daily. These attributes aren’t just beneficial—they are business advantages.

Let’s talk about merit. Some claim that DEI undermines meritocracy. But here’s the reality: Disabled professionals are some of the most resourceful, innovative, and resilient entrepreneurs out there—because we’ve had to be.

At 2Gether-International (2GI), a D.C.-based impact accelerator that supports entrepreneurs with disabilities, we support hundreds of disabled entrepreneurs who are building companies, creating jobs, and driving economic growth. Yet, these same founders struggle to access capital due to outdated policies and systemic bias. Instead of cutting DEI, we should be doubling down on investments in disabled entrepreneurship—because when we succeed, the entire economy benefits.

Our success is proof of the power of corporate DEI efforts. Thanks to these initiatives, 2GI has supported more than 700 startups, helping them secure more than $70 million in funding  from investment, revenue and acquisitions from outside investors.

Take, for example, Erica Cole, founder of No Limbits, a company that creates adaptive clothing for amputees. Following her participating in 2Gether-International’s accelerator program for start-up founders with disabilities, Erica has been able to scale her business including by acquiring the adaptive apparel company Buck & Buck and complete a $3 million series A funding round, proving that disability-led businesses can thrive when given the right resources.

Another success story is Ruby Taylor, founder of Financial Joy School, who has leveraged DEI-backed funding and mentorship to empower disabled individuals and communities of color in financial literacy. 

These are just two examples of how DEI isn’t about handouts—it’s about breaking down barriers so that talent, innovation, and hard work can thrive.

Critics argue that DEI programs create an uneven playing field. The reality? Inclusive workplaces are more innovative, adaptable, and profitable.

A diverse workforce that includes disabled individuals fosters creativity, problem-solving, and resilience. Companies that prioritize disability inclusion outperform their competitors because they reflect a broader customer base and attract top talent. Without DEI, businesses risk losing these advantages, regressing into outdated hiring practices, and reinforcing workplace discrimination.

Diversity, Equity, and Inclusion aren’t just “nice to have” policies—they are essential to a thriving, innovative, and competitive economy. Cutting DEI won’t just set back disabled workers; it will hurt businesses, limit economic growth, and stall progress.

So here’s the challenge:

  • Business leaders: Step up. Prioritize inclusion—not because it’s politically correct, but because it’s profitable.
  • Policymakers: Recognize that DEI is an economic issue, not just a social one. Gutting these programs will cost jobs, innovation, and economic growth.
  • Investors: Back disabled entrepreneurs. The next wave of business leaders will come from the disability community—if we give them the resources to succeed.

It’s time to stop seeing disability as a deficit and start seeing it for what it is: an asset to our economy, our businesses, and our future.


Diego Mariscal is founder and CEO of 2Gether-International and a member of the U.S. Securities & Exchange Commission’s Small Business Capital Formation Advisory Committee.

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New doc chronicles gay hero’s journey from rape to forgiveness

‘I Am’ embraces message of acceptance, love, compassion

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A scene from 'I Am.' (Screen capture via Sinconis Studios/YouTube)

Two award-winning filmmakers produced the documentary film “I Am.” It’s about my Hero’s Journey to overcome a trauma involving anti-LGBT bias. It also features the significant role that the popular comedian Stephen Colbert is playing in this 92,000-mile ongoing mission. A powerfully crafted and impactful film released just in time to celebrate Pride month.

The Arizona filmmakers Ethan and Aidan Sinconis are high school twin brothers. These strong LGBT allies were awarded the best student film in the U.S. in 2024, beating out more than 2,000 entries. The guys then followed up that major accomplishment by using their artistic talent to take on this bold, new film project telling my story to the world.

I shared my adventure with Blade readers back in late 2023 after I experienced a brutal rape and beating at the hands of three men who entered my Phoenix home. I sustained significant injuries.

It was determined that anti-LGBT bias was involved in the police response. I made a chilling 911 call for help. The dispatcher listened helplessly as I was being attacked during that phone call. The three men were surrounding me in the bloody crime scene when the four officers arrived. Three smoking guns. No arrests were made.

History has shown that LGBT folks can’t always rely on the criminal justice system to be there for us. But we can still find peace, happiness, love, and success. The film addresses how I’ve been doing that by continuing on this exhilarating and riveting journey that’s now taken me across the U.S. and Mexico in pursuit of my goal for 3,473 consecutive days and counting.

The film explains the connection to “The Late Show with Stephen Colbert.” A fortuitous moment of laughter from that TV comedy show stopped me from dying by suicide at 10:44 p.m. on Nov. 2, 2015. That was the call to action I answered.

That spark sent me heading out on an adventure. To learn how to re-engage and trust people again after badly isolating. To learn how to process the anti-LGBT bias and trauma, and to get written support from total strangers in my dedicated mission to become a guest on “The Late Show” at 53rd and Broadway in NYC. 

But this documentary is far more than a story about me and my efforts to escape the abyss, despair, and depression that had cloaked me in darkness for so long. This is also a story of 34,291 complete strangers from all walks of life coming together one at a time to help a guy in trouble.

The documentary has elements of the classic movie “It’s a Wonderful Life” in it. Especially the memorable part where Uncle Billy tells George Bailey, “Mary did it, George. Mary did it. She told a few people you were in trouble, and they scattered all over town collecting money. They didn’t ask any questions. Just said if George is in trouble. Count on me.”

That’s what these 34,291 Good Samaritans did for me as I scattered all over the country meeting them. They didn’t ask any questions. They heard I was in trouble and trying to recover from the trauma and get to a goal. They each let me know through their kindness, hugs, and written words that I could count on them.

Perhaps what I like the most about the film is how Ethan and Aidan laid the foundation for who “I Am.” They show that I Am a brother, colleague, son, spouse, survivor, nephew, neighbor, grandson, uncle, friend, and cousin. I Am plenty more than just a gay man. I Am Blake.

Back in the summer of 2020, Pope Francis mailed a personal letter to me and expressed his gratitude for sharing my story with him. Gosh how I wish he was alive to see this completed film. It would have made his heart full. He was all about what this documentary represents. It’s not about revenge, anger, hatred, or sadness. It’s about acceptance, unity, love, empathy, compassion, and forgiveness.

It’s understandable for us in the LGBT community to want to respond with anger in situations like this. Our community has been through centuries of harassment, bullying, discrimination, and bias. But I’ve realized it’s more productive and healing to move past the anger. To use our energy to inform, entertain, and inspire individuals.

That’s what this documentary is about. A beautiful message of hope, support, and optimism for Pride month and beyond. A stand up and cheer film proudly coming out of our resilient community. Fingers crossed for an Academy Award nomination for “I Am.” Much deserved for a film very well done by Ethan and Aidan.

The documentary “I Am” can be found at SinconisStudios.com or on YouTube.


Ron Blake lives in Phoenix and can be reached at [email protected] or @BlakeLateShow on Instagram.

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US hate groups fuel anti-LGBTQ rights movement in Africa

Anti-LGBTQ conference took place this month in Nairobi

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A Nairobi hotel the Kenya Red Cross owns hosted an anti-LGBTQ conference earlier this month.

“Protecting and Promoting Family Values in Challenging Times.” This was the theme of the 2nd annual Pan-African Conference on Family Values that concluded last week in Nairobi, Kenya. 

For months, organizers have been inundating local media with advertisements, promising to equip participants with tools to “safeguard our values.” One highly circulated poster even boasts U.S. Secretary of State Marco Rubio as a special invited guest (though he did not attend.) And each mention sent chills down our spines. 

This conference, one of several planned across Africa, was sponsored by U.S.-based anti-rights groups including the Family Research Council, the Political Network for Values and the Center for Family and Human Rights, each known for targeting LGBTQI+ and reproductive rights worldwide. To those of us in the LGBTQI+ community who’ve been fighting rising homophobia, this conference was more than a convening. A gauntlet is being thrown down, one that will fuel the momentum of anti-rights efforts in Kenya, one that threatens all of Africa.

To be sure, this burden is not ours alone to bear. The actors pushing their bigoted agenda in Kenya and beyond are the same ones driving policies that block abortion access, whip up anti-immigration sentiments and spread transphobia in the U.S. and beyond. It is imperative that all communities (local and international) jealously guard against such maneuvering. These hatemongers are taking aim at our sovereignty and social constructs. They seek to woo with the proverbial beads and cloth, while simultaneously annexing that which we hold dear. This is not just an LGBTQI+ issue. This is about our inherent human rights and dignity. We need to hold the line.

In Kenya, we knew our hard-won gains for the LGBTQI+ community were in jeopardy when President William Ruto came into office in 2022. He has since been very vocal about his conservative views, perhaps reluctant to alienate himself from his predominantly Christian religious leader sycophants. Nevertheless, we’ve won significant legal battles in recent years, including in 2023 when the Kenyan Supreme Court ruled that LGBT organizations can legally register with words like “gay” and “lesbian” in their names.

Over the years, however, the anti-rights movement has been cultivating allies across Africa to further their agenda. Organizations like Family Watch International, Center for Family and Human Rights and the World Congress of Families (all deemed hate groups by the Southern Poverty Law Center) have made inroads with influential political leaders with talk of the “natural family,” a narrative that espouses the Western ideal of a nuclear family. In reality, these views run counter to traditional African communal views on family. It is ironic, therefore, that anti-rights actors accuse the gay rights movement of importing Western ideas even as they are readily adopting Western cultural norms. 

Our political leaders are being indoctrinated into a culture of hate and division. And global convenings, like the Pan-African Conference on Family Values, are chief among their propaganda tools. In fact, it was after attending one such gathering, the “V Transatlantic Summit” in New York in 2023, that Kenyan MP Peter Kaluma proposed the Family Protection Bill which seeks to ban same-sex relationships and curtail sexual and reproductive health rights, among other measures.

In the past, we could count on the U.S. to keep our political leaders in check. Not anymore. President Trump’s attacks on the queer community in the U.S. have only emboldened the anti-queer movement in Kenya. Anti-rights groups are coming back with renewed vigor to amend our constitution and dismantle all human rights protections. They are already instigating violence and stirring anti-gay sentiment, particularly on social media. Kenyans are losing their jobs or being overly scrutinized at work. An ever-increasing number of LGBTQ+ community members access our online mental health services in deep distress and anxiety about the future. 

We will not back down, however. Ahead of the conference, we delivered a petition signed  by more than two dozen human rights activists and groups lambasting Kenya Red Cross for allowing the Pan-African Conference on Family Values to be held at its property, the Boma Hotel. How can an organization dedicated to the health and wellbeing of marginalized groups be complicit in an event that stigmatizes and incites harm against the very same people? We’ve also been organizing and strategizing with our allies around community safety, legal rights, hate crime monitoring, and resource mobilization.

Make no mistake, this hate will not stop with Kenya. This conference was part of a larger playbook, and any victories here will propel the anti-right’s cruel campaign throughout Africa. We only need to look to our neighbor Uganda and their Anti-Homosexuality Act as proof. It is widely known that Family Watch International influenced the drafting of this law. The same language that criminalizes homosexuality and imposes the death penalty in certain cases was copied and pasted into Kenya’s proposed Family Protection Bill.

Life and liberty as we all know it is very much in jeopardy. Some may be living too much in survival mode to see it. But without a doubt, we are all on a rollercoaster ride to a place where no one is safe. 

Lorna Dias is the outgoing executive coordinator of galck+, a coalition of 18 LGBTQ+ organizations defending human rights and fighting for equality and justice for all in Kenya. Melody Njuki is a communications officer at Initiative for Equality and Non-Discrimination (INEND).

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