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Supreme Court poised to roll back LGBTQ rights

Rebalance stolen court via expansion, term limits

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LGBTQ advocates were rightly relieved when the Supreme Court handed down Bostock v. Clayton County this past June, a case that extended the prohibition against discrimination in employment to include discrimination based on sexual orientation and gender identity. And with the most LGBTQ-friendly President-elect in U.S. history poised to take office in a matter of days, our community has even more reason to be hopeful.

Despite these positive developments, however, the Supreme Court poses a grave danger to the LGBTQ community. As the court ushers in a new era of conservative dominance—with anti-LGBTQ justices holding a 6-3 supermajority—the fragile judicial coalition on which the movement for equality has relied is at significant risk of being cast aside. 

Justice Amy Coney Barrett’s recent confirmation to the court is deeply concerning. Justice Barrett has defended Justice Roberts’ dissent in Obergefell, indicating that the issue of marriage equality should belong to state legislatures. She has repeatedly used transphobic and homophobic language, and even argued that Title IX does not protect transgender people. Her extremist positions will embolden the anti-LGBTQ conservative justices on the court – Justices Kavanaugh and Alito recently held an inappropriate private meeting with an anti-gay activist who had filed briefs in pending cases — and other Trump-appointed judges, as well as state legislatures to take anti-LGBTQ stances. With equality hanging in the balance, the LGBTQ community cannot afford a Supreme Court that stands to crush any progress made.

Marriage equality: In October, the Supreme Court denied certiorari to a case involving Kentucky woman Kim Davis, who refused to issue marriage licenses to same-sex couples. However, the denial of certiorari came with warning signs: Justices Alito and Thomas wrote a section that cast doubt on the constitutionality of Obergefell, the landmark Supreme Court case in which Justice Kennedy’s opinion that held that marriage is a fundamental right guaranteed to same-sex couples by the Constitution. In the certiorari denial, Justice Thomas wrote: “By choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the Court has created a problem that only it can fix. Until then, Obergefell will continue to have ‘ruinous consequences for religious liberty.’” While broad majorities of the American people support marriage equality and opponents of it might not have the votes on the Supreme Court to overturn the precedent, it is nonetheless a troubling sign that two Justices would sign onto discrimination against our fellow citizens.

Discrimination: The currently pending case before the Supreme Court about discrimination is Fulton v. City of Philadelphia. The case emerged from circumstances in 2018: The city of Philadelphia had hired a number of agencies for foster care service. When the city learned that two agencies denied same-sex couples as foster parents, Philadelphia threatened to stop using the agencies unless they agreed to nondiscrimination requirements. While one of the agencies complied, the other, the Catholic Social Services (“CSS”), sued the city in federal district court. The federal district court found in Philadelphia’s favor, which the Third Circuit then unanimously affirmed. Nonetheless, the Supreme Court granted certiorari.

The CSS claims that because the city looks to several factors, including religious and racial factors, in spite of anti-discrimination law, it cannot at the same time prohibit the agency from considering the sexual orientation of foster parents under the guise of “religious belief.” If Philadelphia makes exceptions to its anti-discrimination laws in foster placement, it must also allow religious agencies an exception as well. If Philadelphia does not do so, it violates the First Amendment. The city claims that it can choose not to provide government contracts to organizations that do not adhere to its nondiscriminatory requirements. For the court to decide otherwise, it would mandate that the city discriminate.

The stakes are high, in part because a ruling against equality in Fulton could provide cover for undermining Bostock, which extended Title VII protections to LGBTQ employees. An expansion of the religious liberty to discriminate could eat away at Bostock. Even a 5-4 court with Justice Kennedy ruled against LGBTQ rights in Masterpiece Cakeshop. Now, with a 6-3 conservative supermajority, Fulton could strike a big blow against equality.

Health care and family: If the Supreme Court strikes down the Affordable Care Act (ACA) in California v. Texas, health care protections for the LGBTQ community would be eliminated. Section 1557 of the ACA is the law’s non-discrimination provision, which bans discrimination in health care on the basis of sex. The Obama administration’s rule interpreted Section 1557’s ban on sex discrimination to include discrimination on the basis of sexual orientation and gender identity. In addition to Section 1557, the ACA as a whole has been enormously important for the LGBTQ community. The uninsured rate for lesbian, gay and bisexual Americans fell dramatically due to the ACA and LGBTQ adults have become more likely to report having regular access to health care. For transgender Americans, who are more likely to live in poverty or be unemployed and to face enormous challenges and have negative experiences accessing health care, the ACA’s Medicaid expansion and provision of individual health insurance through the marketplaces are critical. The 6-3 conservative supermajority on the court makes the end of the ACA significantly more likely, with disastrous consequences that will disproportionately affect the LGBTQ community. 

Lawsuits challenging the Obama administration’s interpretation of Section 1557, particularly in regard to its ban on discrimination on the basis of gender identity, have been percolating in the federal courts for years. The Trump administration has attempted to reverse those protections, but it is widely expected that the Biden administration will revert to the Obama-era rule. Even if the ACA survives, this line of litigation could undermine critical protections for transgender individuals in the health care system. While the Supreme Court’s decision in Bostock v. Clayton County last term interpreting similar language in Title VII (discrimination on the basis of sex) to cover gender identity should be definitive, the 6-3 conservative supermajority could decide to distinguish these cases and allow for discrimination against LGBTQ individuals in health care. Since so many of the nation’s hospitals are affiliated with religious organizations such as the Catholic Church, the court could seize on Justice Gorsuch’s language in Bostock suggesting that the Religious Freedom Restoration Act (RFRA) could trump Title VII to require broad religious exemptions from non-discrimination in health care. 

Transgender rights: In addition to the massive blow that a gutted ACA could have for transgender rights, other cases about transgender rights percolating in the lower courts may someday make their way to the Supreme Court. In Saba v. Cuomo, for example, a transgender, nonbinary resident sued the state of New York for refusing to allow Mx. Saba to obtain a driver’s license that accords with Mx. Saba’s gender identity. In August, a lower court preliminarily enjoined Idaho’s law that barred transgender women from participating on women’s sports teams. That decision is currently being appealed.

Just this past year, the Fourth Circuit and the Eleventh Circuit considered whether school bathroom policies violated transgender students’ rights. Though both circuits ruled in favor of the students, the Grimm case briefly reached the Supreme Court in 2017 before being sent back to the lower court. In 2019, the Supreme Court rejected certiorari in a case involving transgender bathrooms, leaving a lower court’s trans-affirming decision in place. But it only takes four votes for the Court to take a case, and with a 6-3 supermajority now firmly in place, there is no telling the havoc it could wreak on transgender rights.

As we celebrate the end of the Trump era, and as we prepare to work with the incoming Biden administration to restore rights that have been destroyed over the past four years while advancing the case for equality, the LGBTQ community must pay attention to the danger posed by anti-LGBTQ justices, and we must advocate forcefully for judicial reforms such as court expansion and term limits that rebalance the stolen, illegitimate court.

 

Aaron Belkin is the director of the Palm Center and of Take Back the Court, and a political science professor at San Francisco State University.

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Gay man details secret struggle with bulimia

February is Eating Disorder Awareness Month

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Kyle Ridley (Photo courtesy of Kaptured By Kasper)

I was a “chubby” kid. A “husky” kid. Horrible terms that still make me cringe. Food issues stem through the family tree. I remember hearing a family member vomit when I was in elementary school; the residual scraps left floating in the toilet. I tried sticking my finger down my throat as a teen — an easy purge after a buffet binge. “Easy” being a sick way of looking at such a violent act to oneself, but the swiftness of an occasional act turning to addiction is frighteningly simple. 

I was in my early 20s when I went on another diet in a series of crash diets, but this one hit different. I barely ate and worked out intensely each day. I decided to reward myself at the end of the week with a large pizza and breadsticks. Devouring a whole pizza (and more) was not new to me. I could down an alarming amount of food and hit the pillow in a haze. I didn’t know about nutrition, calories, or balance for many years to come. The meal went down the toilet, and I resumed my starvation diet. The calorie deficit pushed me closer to addiction’s ledge, and the hunger sent me over. 

The sporadic binge turned to several a week — running to the local country store for a smattering of chips, candy, soda, honey buns, cookies, anything to fill me up. Soon, it was a regular appointment, arranging a home buffet to mindlessly stuff my body for hours ‘til I knelt over the ceramic bowl. 

The binge-n-purge cycle turned twice daily. If I couldn’t binge at home in private, I would gorge at buffets or in my car — throwing up in restaurants, grocery stores, lobby restrooms. I lived in a house with a septic tank at the start of my illness. I clogged the tank, causing vomit to rise to the surface of the soil. Fearing further damage, I started throwing up in trash bags, collecting them in large bins, and driving them to public toilets to dispose of them. This went on for seven years, all through college, internships, and my first corporate job. 

The older man I was with was losing himself at the same time, falling deeper into the abyss of severe depression he’d battled lifelong. We saw the best in each other at the start, and the worst by the demise. His bouts of darkness were beyond my repair, no matter how hard I tried to tackle the impossible fix. How is a 21-year-old supposed to convince a 46-year-old to seek treatment, talk him down from suicidal tendencies, get him to understand people love him? I couldn’t navigate it, and food seemed to be the one thing in my control.

It also became my reward and my excuse to treat myself in the face of any stress or accomplishment. He wants to kill himself: binge. I aced a test: binge. Work was rough: binge. Food was all I lived for. Friends, family, love all took a backseat. I was ruled by a hidden hunger I kept secret from nearly everyone, though my emaciated frame didn’t go unnoticed. 

I was productive through the battle, working full time, graduating college summa cum laude, landing a solid job and moving up the ladder. All common addict attributes. Bulimia consumed me ‘til I was nearly 30 — four years after splitting from my first love, two years after he killed himself, and three years into a relationship with the man who would become my husband, and later my ex-husband.  

They say the difference between privacy and secrecy is that privacy is about respect, whereas secrecy has shame attached. So, let’s drop the shame and the secrets held far too long. It’s been 12 years since I spent my days, nights, and thousands of dollars gorging and purging for hours. Twelve years since I was face down in a toilet at my own will. 

I was a TV producer for a decade, booking more than 15,000 segments through the years. I often received pitches for February’s Eating Disorder Awareness Month and made a point to share these stories every year. Still, every pitch and every spokesperson I booked was with a woman. The stigma surrounding body dysmorphia in men continues despite men representing up to 25 percent of people with eating disorders, with members of the LGBTQ+ community at a higher risk, according to the National Association of Anorexia Nervosa and Associated Disorders. Men are also more likely to not recognize a problem, and their cases tend to be more severe by the time they see a doctor. 

Living in secret and hiding is not living. It’s shame-based and the ultimate red flag that something needs to change. It will haunt you ‘til you are unrecognizable to yourself and everyone around you. You don’t need to share your story with the world, but opening up to someone is a crucial step in recovery and healing. Living in lies and maintaining deception is the heaviest of burdens

Addiction is blinding. You are unable to see the joys, the freedoms, and opportunities awaiting when you’re solely focused on soothing your addiction’s rage. Living for the fix pushes every other interest out of focus. When you start to release the devil on your back, you make room for wings to spread and space to fly into passions suffocated far too long.

It’s taken a lot of work, therapy, reflection and learning. Not to say I’m recovered, not to say I’m healed. I’ll forever have this devil on my back. It’s about learning to quiet his rage, soothe his anxiety, and ensure his safety and love. It’s a lifelong path of healing more with each day, each year. 

And there is always hope. Even in the deepest depths of despair and isolation and ‘I’ll-never-get-better-ness.’ Whatever your circumstances, those tinges of hope are worth clinging to. They’ll carry you through. 

I don’t know where I’ll be next year, let alone a future once so clear. And I’m okay. You’re okay. The other side isn’t perfect. Nothing is. But what a gift to make it there and experience life unshackled from your ghost. 

There’s so much to see.  

Kyle Ridley is an Emmy Award winning journalist with more than two decades in print and television.

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Why trans suffering is more palatable than trans ambition

We are most readily accepted when framed as victims

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(Photo by nito/Bigstock)

In the current media and political climate, stories of trans suffering move quickly. Stories of trans ambition do not.

A trans teenager denied healthcare. A trans woman attacked on public transit. A trans man struggling with homelessness. These narratives circulate widely, often accompanied by solemn op-eds, viral posts, and carefully worded statements of concern. The pain is real. The coverage is necessary. But there is a quieter pattern beneath it: trans people are most readily accepted when they are framed as victims—and most resisted when they present themselves as agents with desire, confidence, and upward momentum.

This distinction has sharpened in recent years. As anti-trans legislation has proliferated across statehouses and election cycles have turned trans lives into talking points, the public script has narrowed. Trans people are legible as objects of harm, but far less comfortable to many audiences as subjects of ambition. Survival is tolerated. Aspiration is destabilizing.

The reason suffering travels more easily is not mysterious. Pain reassures the audience. It positions trans people as recipients of concern rather than participants in competition. A suffering subject does not threaten status hierarchies; they confirm them. Sympathy can be extended without requiring a recalibration of power, space, or expectations. In this framing, acceptance remains conditional and charitable.

Ambition disrupts that arrangement. A trans person who wants more than safety—who wants money, authority, visibility, creative control, or institutional influence—forces a different reckoning. Ambition implies permanence. It implies entitlement. It implies that trans people are not passing through society’s margins but intend to occupy its center alongside everyone else.

You can see this discomfort play out in real time. When trans people speak about wanting success rather than safety, the response often shifts. Confidence is scrutinized. Assertiveness is reframed as arrogance. Desire is recoded as delusion. The language changes quickly: “unstable,” “narcissistic,” “out of touch,” “ungrateful.” In public discourse, confidence in trans people is frequently treated not as a strength, but as a warning sign.

Media narratives reinforce this dynamic. Even ostensibly positive coverage often relies on redemption arcs that center suffering first and ambition second—if at all. Success is framed as overcoming transness rather than inhabiting it. A trans person can be praised for resilience, but rarely for dominance, excellence, or command. Achievement must be softened, contextualized, and made reassuring.

This is especially visible in cultural reactions to trans people who refuse modesty. Trans figures who express sexual confidence, professional competitiveness, or political authority routinely face backlash that their cis counterparts do not. They are accused of being “too much,” of asking for too much space, of wanting too much too fast. The underlying anxiety is not about tone; it is about proximity. Ambition collapses the safe distance between observer and observed.

Politically, this preference for suffering over ambition is costly. Movements anchored primarily in pain narratives struggle to articulate futures beyond harm reduction. They mobilize sympathy but have difficulty sustaining leadership. A politics that can only argue from injury is perpetually reactive, always responding to the next threat rather than shaping the terrain itself.

This matters in a moment when trans rights are no longer debated only in cultural terms but in administrative, legal, and economic ones. Influence now depends on institutional literacy, long-term strategy, and the willingness to occupy decision-making spaces that were never designed with trans people in mind. Ambition is not a luxury; it is a prerequisite for durability.

Yet ambition remains suspect. Trans people are encouraged to be grateful rather than demanding, visible rather than powerful, resilient rather than authoritative. Even within progressive spaces, there is often an unspoken expectation that trans people justify their presence through pain rather than through competence or vision.

This is not liberation. It is containment.

A society that can tolerate trans suffering but recoils at trans ambition is not offering equality; it is managing discomfort. It is willing to mourn trans deaths but uneasy about trans dominance, trans leadership, or trans desire that does not ask permission. It prefers trans people as evidence of harm rather than as evidence of possibility.

None of this is an argument against documenting suffering. That work remains essential, particularly as legal protections erode and violence persists. But suffering cannot be the only admissible register of trans life. A politics that cannot imagine trans people as ambitious cannot sustain trans people as free.

Ambition does not negate vulnerability. Desire does not erase harm. Wanting more than survival is not ingratitude—it is the baseline condition of citizenship. The question is not whether trans people deserve ambition. The question is why it remains so unsettling when they claim it.

Until that discomfort is confronted, acceptance will remain conditional. Sympathy will remain cheap. And trans futures will continue to be negotiated on terms that stop just short of power.


Isaac Amend is a writer based in the D.C. area. He is a transgender man and was featured in National Geographic’s ‘Gender Revolution’ documentary. He serves on the board of the LGBT Democrats of Virginia. Contact him on Instagram at @isaacamend

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Snow, ice, and politics: what is (and isn’t) happening

Let the National Guard dig us out

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17th Street, N.W., in Dupont Circle on Jan. 26, 2026, after Winter Storm Fern dumped upwards of 7" of snow and sleet on the city. (Washington Blade photo by Michael K. Lavers)

First what isn’t. That would be snow removal in D.C. I understand the inches of sleet that fell on the nearly four inches of snow, and historic days of freezing weather, make it very difficult. But it took three days until they brought out the bigger equipment. Then businesses and homeowners were told they wouldn’t be fined for not clearing their sidewalks, which they have to do by law. That clearly made things worse. The elderly and disabled have an exemption from that, others shouldn’t be given one. Then there was no focus on crosswalks, so pedestrians couldn’t get around, and no apparent early coordination with the BIDS. 

Then there are about 2,200 National Guard troops strolling D.C., yes strolling, at least before the snow. Why weren’t they given immediate snow removal duty. If the president gave a damn about our city he would have assigned them all to help dig out the city. We could have used their equipment, handed out shovels, and put the Guard to use immediately. Maybe the mayor put in her request for the Guard a little late. 

I have met and chatted with many Guard members across the city. A group from Indiana regularly come to my coffee shop, though I haven’t seen them since the snow. I always thank them for their service — I just wish it wasn’t here. Nearly all agree with me, saying they would rather be home with their families, at jobs, or in school. I’ve met Guard members from D.C., West Virginia, Indiana, Mississippi, and Louisiana. My most poignant meeting was with one Guard member from West Virginia the day after his fellow Guard member was murdered. Incredibly sad, but avoidable; she should never have been assigned here to begin with. The government estimates it costs taxpayers $95,000 a year for each deployment. So, again, instead of strolling the streets, they should have been immediately assigned to assist with snow removal. Clearly the felon, his fascist aides, and incompetent Cabinet, are too busy supporting the killing of American citizens in Minneapolis, to care about this. I thank those Guard members now helping nearly a week after the snow began to fall. I recognize this was a difficult storm. I hope the city will learn from this for the future. 

Now for something happening in D.C. that shouldn’t be. A host of retreads have announced they are candidates for office in both the June Democratic primary, and general election. Some are names you might remember but hoped were long gone. Two left the Council under ethical clouds. One is Jack Evans. He announced his candidacy for City Council president. I like Jack personally, having known him since he served on a Dupont ANC. This race is a massive waste of time and money, as he will surely lose. Even before his ethics issues were made public, and his leaving the Council under a cloud in 2020, he ran for mayor in 2014. At that time, he received only 5% of the vote, even in his own Ward. At 73, he should accept his electoral career is over. Another person who left the Council over questionable ethics, Vincent Orange, who is nearly 70, announced he is running for mayor. He did that last in 2014, when he got only 2% of the vote in the primary. He is another one who will surely lose. Both will likely qualify for city funding, wasting taxpayer money. I know I will be called an ageist. But reality is, in most cases, it’s time for a new generation to take the lead. Another person who has served before, was defeated for reelection, is now trying for a comeback on the Council. I think the outsized egos of these individuals should not be foisted on the voters. If they are really interested in serving the community, there are many ways to do it without holding elective office.

Then there is ICE and the continuing situation in Minneapolis. I applaud Democrats in Congress for holding up long-term funding for ICE for at least two weeks and getting the felon to negotiate. Now not every ICE agent behaves like the gestapo, but their bosses condone the behavior of the ones who do. Secretary of Homeland Security, Kristi Noem, who shot her dog, and Trump’s Goebbels, Stephen Miller, seem to think nothing of causing the deaths of American citizens. 

Now the felon’s FBI and DOJ are arresting journalists; then going to Georgia and removing stored ballots from the 2020 election, all because the felon is still obsessed with that loss. His disappearing DNI, Tulsi Gabbard, was involved in that for some reason. The felon is a sick, demented, old man. They must all be stopped before they completely destroy our democracy.


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

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