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LGBTQ equality rights at center of Kentucky state contract dispute

“It would be a mistake not to place kids with wonderful couples that want to be foster parents that are gay,” the governor told reporters

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Capitol building of Kentucky (Photo Credit: State of Kentucky)

FRANKFORT, KY. – The contract dispute between Sunrise Children’s Services, a Kentucky Baptist Convention affiliated adoption agency, and the administration of Democratic Governor Andy Beshear over Sunrise’s refusal to sign a clause intended to prevent discrimination against LGBTQ couples looking to adopt or foster children in the state, has advocates, state lawmakers, and others fully engaged in the dispute.

The Lexington Courier-Journal first reported that the dispute is over a single sentence in the contract which state lawmakers are calling on the Governor to respect a provision added to state law this year they say protects the Baptist agency’s “religious rights.”

The provision says no contract for children’s services “shall interfere with the contractor’s freedom of religion.” It also requires the state to allow the contractor to hire a subcontractor to deliver any services it can’t provide because of “religiously held beliefs.”

“The language is unequivocally clear and ensures that the state cannot discriminate against a provider because of that organization’s religious convictions,” said a May 12 letter from House Speaker David Osborne and four other Republican leaders to the Governor urging him to respect Sunrise’s position based on the law. It also was signed by 67 House Republicans, the Courier Journal reported.

One of Kentucky’s largest LGBTQ advocacy groups noted, “If Sunrise doesn’t want to abide by that, that’s fine. They shouldn’t have access to state money, state contracts or children in the state’s care,” said Chris Hartman, executive director of the Louisville-based Fairness Campaign.

Hartman added that he is deeply concerned that the LGBTQ children in Sunrise’s care are hiding their sexual orientation out of fear of “indoctrination and proselytization.”

The state set a June 30 deadline for Sunrise to sign. If it refuses, the state has threatened to stop placing children with the agency. Formerly called Kentucky Baptist Homes for Children, Sunrise’s history dates to caring for Civil War orphans. It has contracted with the state for 50-plus years, becoming one of Kentucky’s largest service providers for abused or neglected children, the Associated Press reported Thursday.

On Monday the Governor confirmed that the issue was over a clause that aims to prevent discrimination over sexual orientation and gender identity, although he didn’t specify.

“My understanding is that is the clause,” Beshear said, when asked directly whether the clause is in regards to sexual orientation. “My understanding is that there has recently been a settlement agreement that impacts this from litigation against the state, possibly because of those waivers. My understanding is that there’s a new supreme court case, at least since the last time a contract came along,” he told the Associated Press.

The Governor was referring to the case of Fulton v. City of Philadelphia, which the U.S. Supreme Court heard last November that could allow private agencies that receive taxpayer-funding to provide government services — such as foster care providers, food banks, homeless shelters, and more — to deny services to people who are LGBTQ, Jewish, Muslim, or Mormon.

Another children’s advocate expressed his concern, “You cannot pivot from losing such a large provider of child welfare services and not anticipate some degree of disruption,” said Dr. Terry Brooks, executive director of Kentucky Youth Advocates, a statewide non-profit child advocacy organization.

“If it cuts ties to Sunrise, the state must be prepared to fill the gaps if it loses some foster parents in the agency’s network,” said Brooks. He also stressed that state agencies must ensure a smooth transition for minors who require “intense and specialized treatment” that Sunrise currently provides.

Brooks said he’s confident the state can move children to other agencies but added that “the challenge cannot and should not be minimized.”

“Sunrise would act on a contract today that allows them to care for Kentucky’s needy and abused children while protecting their deeply held religious beliefs,” said Todd Gray, executive director-treasurer of the Kentucky Baptist Convention.

In the meanwhile, the Beshear administration claims that it will hold to the Obama-era federal rule which includes the clause Sunrise opposes. That rule expressly defined sexual orientation as a protected class under federal anti-discrimination provisions.

“It would be a mistake not to place kids with wonderful couples that want to be foster parents that are gay,” the governor told reporters earlier this week. “People make wonderful foster parents in all types of couples, and we shouldn’t be eliminating or discriminating against any of them.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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