Connect with us

National

‘Less than credible’: Investigation of HRC prez dismissed as conflict of interest

Sidley Austin LLP has pre-exisitng relationship with LGBTQ group

Published

on

hate crimes, gay news, Washington Blade

After a damning report on sexual misconduct allegations that forced Andrew Cuomo to resign as governor of New York and that ensnared the Human Rights Campaign president for having a potential role in the cover-up, the nation’s leading LGBTQ group has arranged for a law firm to conduct an independent review of its president’s role in the scandal — but legal experts see a conflict of interest looming over the process.

Sidley Austin LLP, the law firm chosen to conduct the review, has a self-described “long standing pro-bono relationship” with the Human Rights Campaign and was chief among its legal partners announced in October 2019 for a new direction to litigation in LGBTQ advocacy, which was an engagement David undertook when he took the helm as president.

In fact, Sidley issued a news statement hailing its participation in the agreement with the Human Rights Campaign and six other law firms, which Sidley described as an “alliance” designed to “help shape state and federal laws, regulations and policies and the application of constitutional principles.”

“We’re looking forward to working with the Human Rights Campaign on strategic litigation that will take on discriminatory measures targeting LGBTQ people,” Carter Phillips, partner at Sidley, is quoted as saying in the statement. “HRC is a long-standing pro bono client and this next stage of collaboration reinforces Sidley’s deep commitment to advocating for diversity and equality.”

As a result of the 2019 announcement, which was brokered soon after David took the helm of the Human Rights Campaign, some legal experts see a conflict of interest that undermines the perception of impartiality in Sidley’s ongoing review and could color any finding of no wrongdoing, which would arguably be in the interests of all parties involved in the review.

Brenner Fissell, a law professor who teaches legal ethics at Hofstra University in Long Island, N.Y., told the Blade the independent review Sidley is undertaking “appears less than credible.”

“This is not even a relationship where they engaged them once,” Fissell said. “Sidley in the press release calls HRC a long-standing pro bono client, and they’re also doing PR for them. I mean, they’re really inextricably connected, right?”

The imbroglio with the Human Rights Campaign president began when New York Attorney General Letitia James issued her report finding Cuomo violated the law by sexually harassing as many as 11 women on the job. David, who before taking over as Human Rights Campaign president was counselor to the governor of New York, was named nearly a dozen times in the report.

David has continued to deny wrongdoing. However, the findings indicate after his tenure as counselor to Cuomo, he kept the personnel file of an employee accusing the governor of sexual misconduct, then assisted in returning that file to Cuomo staffers seeking to leak it to the media in an attempt to discredit her. (A representative has disputed the characterization of material David kept as a personnel file, saying it was memorandum on an internal employment matter David kept because he, in part, worked on it.)

Further, the report finds David allegedly said he would help find individuals to sign their names to a draft op-ed that sought to discredit the survivor but went unpublished, although he wouldn’t sign the document himself. Also, the report indicates David was involved in the discussions about secretly calling and recording a call between a former staffer and another survivor in a separate effort to smear her.

In response, David said he agreed to help with only one version of the letter that was more positive in nature and his part of the discussion about recording a survivor was limited to his role as counselor.

Although the Human Rights Campaign board has stood by David and announced on the day after the report came out it has renewed his contract for another five years, last week it announced an independent investigation to resolve the matter. The investigation would be conducted by Sidley and last no longer than 30 days. David has publicly endorsed the review.

But the pre-existing close relationship between Sidley and the Human Rights Campaign has left some legal observers questioning the merits of the investigation.

Fissell said no ethical rules are in place for conducting independent investigations per se, especially because Sidley has never represented David before as a client. As a result, Fissell said there is likely no technical violation of ethics rules over conflict of interest in this scenario.

The only real framework for independent investigations that could be a model of the review for this situation, Fissell said, is found in the handbook for the U.S. Securities & Exchange Commission. Among the factors considered in such investigations, Fissell said, is whether outside counsel conducting the review had previously done work for a company or if management previously engaged such counsel.

“If you had previously engaged such counsel, that makes it less independent,” Fissell said. “So the answer to your question is, this is not good if you want to do a truly independent investigation.”

Fissell also questioned why 30 days was selected as the time limit for the investigation, which he said seems artificial and could limit findings.

Sidley didn’t respond to repeated email requests from the Blade for answers to a series of written questions on the independent investigation and its pre-existing relationship with the Human Rights Campaign, including whether or not Phillips, the attorney quoted in the news statement would participate in the ongoing review.

A Human Rights Campaign representative, however, responded to similar inquiries from the Blade with a series of bullet points essentially denying any conflict of interest and standing by the decision to charge Sidley with the investigation.

The representative in the bullet points said the Human Rights Campaign chose Sidley “because of its vast experience in internal investigations and reviews” and is “grateful that Sidley has always represented us on a pro bono basis, including in this matter.”

“Sidley has not represented HRC on any matter related to any of the issues in the current internal investigation that Sidley is conducting,” the representative said.

The Human Rights Campaign representative said Sidley is one of many firms that has worked for the LGBTQ organization, but has “never represented Alphonso David on any matter.” In conducting the investigation, the representative said Sidley reports to an independent Board of Directors for the Human Rights Campaign.

Michael Frisch, an ethics counsel and adjunct professor at Georgetown Law School, told the Blade a law firm being charged with conducting an investigation for an entity after having a previous relationship with it is “always potentially a problem.”

“When any outside entity is retained to conduct an independent review, it has to be truly independent,” Frisch said. “To me, if you’re going to conduct an independent inquiry. Your bonafides to give independent advice in a report is always subject of concern, and one should be above reproach in those situations.”

Frisch, asked if the potential for a conflict is present in Sidley’s investigation of the Human Rights Campaign president, said he couldn’t directly opine on that without knowing all the details about the situation.

“You analyze any conflict of interest from the point of view of is there a substantial risk that the lawyers’ advice will be colored by some interest, other than the client who’s getting the advice,” Frisch said. “The magic language in the rule is substantial risk of material limitation, that’s essentially the test. Every client is entitled to independent advice.”

Asked if a law firm like Sidley could take any internal steps to mitigate the appearance of conflict of interest while continuing to conduct an independent investigation, Frisch said those options, such as walls or ethical screens, aren’t in play here.

“Those kinds of mechanisms to defeat conflicts don’t sound like they’re applicable in this kind of situation because it doesn’t really sound like client-client conflicts,” Frisch said. “A report is not like litigation in that there are parties and opposing counsel and things of that nature that you would have obligations to.”

Frisch concluded: “So that’s where I kind of get back to the key is is it a truly independent report, and if the drafters of the report are compromised by other interests, that always leaves the report open to criticism on that basis.”

A representative for David, who previously pushed back on conclusions of wrongdoing by David based on the report, didn’t respond to a request for comment for this article. Meanwhile, David’s mention in the AG report continues to leave the nation’s leading LGBTQ group in turmoil. Amid reports staffers have called on David to resign, lesbian tennis legend Martina Navratilova — who has previously come under fire for views against transgender women in sports — publicly called for David’s resignation in a podcast interview with the progressive news outlet Raw Story.

Last week, David posted to his Twitter account an open letter from “colleagues and friends” in support of him. Days later, the Blade was forwarded an open letter from “Real HRC Staffers” addressing a separate “communication” that went out from other employees calling for David’s resignation. The open letter asserts David is being unfairly maligned and calls for signatures in support of his presidency.

“It is disheartening to see how the leadership of a Black queer man is being criticized by and vilified in the media and within our own organization at a time of racial reckoning in America and globally,” the letter said. “Worse, is to witness the scapegoating of Alphonso and others who are now being made to answer for the behaviors of powerful white men.”

Fissell, meanwhile, told the Blade the Human Rights Campaign would be better suited going elsewhere for a law firm to conduct the investigation if it wanted real answers about its president in the Cuomo affair.

“If they’re truly committed to demonstrating that they want to have an independent investigation, they would find someone else,” Fissell said.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

Inside the lonely world of MAGA gay men

Pushback against community members who support Trump is not unusual

Published

on

(Photo by Lyon Stock via Bigstock)

Uncloseted Media published this article on April 18.

This story was written in partnership with Gay Times Magazine.

By EMMA PAIDRA | When Evan decided it was time to tell his boyfriend that he voted for Trump, he couldn’t get the words out. “I was stuttering for 20 minutes straight on the phone,” he told Uncloseted Media and GAY TIMES.

Once he finally worked up the courage, he was met with pushback: “He made fun of me. … He called me a racist and a white supremacist,” says Evan, a 21-year-old math major who lives in Long Island, N.Y.

That pushback isn’t unusual: According to a 2023 Pew Research Center survey, 83 percent of queer men typically vote Democrat. One key reason gay men swing left in 2026 is because of the Trump administration and MAGA-aligned politicians’ track record on LGBTQ issues. Since the start of Trump’s second term, his administration has terminated more than $1 billion worth of grants to HIV-related research, removed the Pride flag from the Stonewall National Monument and shut down the LGBTQ-specific option on the 988 youth suicide hotline.

Because of this, many of the fewer than one in five LGBTQ men who cast their ballot for Trump in 2024 face judgment for their political affiliation.

“People think that I hate myself for being gay, and that I’m a gay traitor. … I wish there were more gay conservatives or moderates,” says Evan, who requested to use a pseudonym due to fears over retaliation for his political views.

Navigating dating and relationships as a gay Trumper

Nick Duncan, 43, can relate to Evan’s fears about being an open Trump supporter: “I mostly get hatred. I’ve never lost a conservative friend because I’m gay, but I’ve lost all of my gay friends because I’m conservative,” says Duncan, a hospitality executive who lives in Miami. “I’ve divorced myself from what I refer to as the Alphabet Mafia.”

Duncan says he feels so unwelcome by the LGBTQ community that he’s hesitant to attend certain queer events. “Nowadays, I would never go to a Pride event,” Duncan told Uncloseted Media and GAY TIMES. “I don’t feel that I would be safe.”

Despite these concerns, Duncan doesn’t hide his political views when looking for love. “I’m in a long-term relationship now, and when I have been on the dating market, I’m very open and upfront about [my political views]. So I think it just weeds out most people who would have an issue.”

For Evan, political differences have been a source of tension in his relationship even before he told his boyfriend who he voted for. “When I first met him, he asked me if I liked Trump. … He was kind of scaring me. So I said, ‘I don’t know,’” Evan recalls. “He said, ‘Good answer, because if you said yes, I couldn’t even talk to you.’”

Since revealing his conservative identity, Evan has had multiple arguments with his boyfriend about politics. “This guy, who I’ve been dating for almost a year, he’s way too far left. … The first proof is he thinks there’s more than two genders,” says Evan. “I tried telling him there were only two genders, and he got mad at me.”

Though Evan believes there are only two genders, research suggests that gender is a spectrum allowing for multiple gender identities.

Proud gay Trump supporters

According to a 2025 report from Pew Research Center, 71 percent of LGBTQ adults view the Republican Party as unfriendly towards LGBTQ Americans. Duncan thinks these critiques are unreasonable: “The Republican Party is not nearly as anti-gay as [leftists] believe,” he says. “The Trump administration has plenty of openly gay people in the administration, and Trump actually supported gay marriage before it was cool.”

Gay members of the Trump administration include Treasury Secretary Scott Bessent, as well as Tony Fabrizio, a pollster and strategist. Additionally, Trump did tell the Advocate in a 2000 interview that though “the institution of marriage should be between a man and a woman,” he thinks amending the Civil Rights Act to grant the same protection to gay people that we give to other Americans is “only fair.”

But since then, Trump has appointed Supreme Court Justices who have denounced marriage equality and Cabinet members with anti-LGBTQ track records, including Pete Hegseth, Marco Rubio, and Pam Bondi.

Duncan says part of the reason he isn’t worried about Trump’s anti-LGBTQ track record is because he doesn’t view being gay as the most important part of his identity: “The most important part of who I am is as a father.”

Duncan is not alone: A 2020 report from the UCLA Williams Institute School of Law found that Republican lesbian, gay, and bisexual people are more likely to feel connected to other parts of their identities than their sexual orientations.

Evan doesn’t identify with the community at large and does not like to be referred to as “LGBTQ” or “queer.”

“I realized I’m normal. I’m not LGBTQ,” he says. “I’m just gay.”

Evan’s desire to be seen as “normal” rings of Vice President JD Vance’s 2024 comments on Joe Rogan’s podcast, where he said Trump could win the “normal gay” vote. During this same interview, Vance suggested that parents of genderqueer children use their children’s identities as a rejection of having white privilege. Vance received significant backlash for these comments, with the Human Rights Campaign responding to the vice president’s remarks over X.

Some gay Republicans see the GOP as more friendly

For Chris Doane, 56, voting Republican is the only choice that makes sense, as he believes voting for a Democrat goes directly against his interests as a queer man. “Conservatives don’t want to murder gays. They want them saved,” he says. “Muslims vote Democrat, because if the Democrats win, they get to stay [in the U.S.], they get to take power, and they will murder gays brutally with a smile on their face,” says Doane.

Doane’s comments are unfounded and display racist stereotypes peddled by far-right American media: One study from the Brennan Center for Justice compiled data from 1984 to 2020 and found that racial resentment is more prevalent on the right than on the left.

Doane was raised in a conservative family in Bryan, Texas, and isn’t out to his family because he fears that they won’t accept him. For him, voting Republican is part of his heritage. “I was told, ‘Don’t ever let Democrats in control. They’ll ruin our country,’” he says. “That’s pretty much what they did, and that’s why President Trump is working overtime to straighten it all back out.”

Trans rights and gay Republican men

Though Doane and other gay Republicans hold a range of views, a common thread is a hesitancy around trans rights. So, they align more with the Trump administration, which has railed against the trans community with Trump’s policies and rhetoric.

For example, Doane sees being able to transition as a matter of personal freedom but thinks gender-affirming care for trans kids is a step too far.

“When it comes to transgender, I have nothing against that. I just believe that when you make that transition, it should be at a point where your brain is fully developed … and you’re actually going to enjoy that transition,” he says.

He also holds the view that for a trans person to be accepted as their correct gender, they must fully physically transition. “If you’re gonna transgender, transgender all the way. If you’ve still got male parts on you, you don’t belong in the women’s dress room.” However, research suggests otherwise, with a 2025 study indicating that policing bathroom access can lead to mental distress in trans youth.

Duncan has his own doubts.

“I disagree with the integration of gender ideology and radical wokeism into the LGBT community. You are free to live under any delusion you so desire. You’re not free to require me to live under your delusion as well,” he says. “But if somebody wants to live as a man or a woman, however it is, I firmly believe they have the right to do that. I would never get in the way of it.”

Duncan also believes that education about LGBTQ people should be limited in schools. He sees adolescence as a fundamentally confusing time, and believes an education about LGBTQ communities would “add on layers of confusion.” This belief seems to be in line with Gov. Ron DeSantis’ 2022 “Don’t Say Gay” bill, which has banned education on gender identity and sexual orientation in Florida’s classrooms from pre-kindergarten until the end of eighth grade, though there are exceptions for health lessons.

“It’s okay to tell kids that some boys like boys, some girls like girls, some people like both. But it just needs to be kept vague and general,” Duncan says. “However you are is okay. We don’t need to expose children to gay media because if you’re gay, you’re going to know.”

Duncan does not believe heteronormative bias in mainstream media is a problem, though a study published in Equity & Excellence in Education found heteronormative biases in schools may harm queer students. “The vast majority of people are heterosexual, and a functioning society is built on a heteronormative bias,” he says. “It is important to understand that we are the extreme minority and society is not responsible for conforming to us.”

They approve of Trump and don’t see him as a threat

While LGBTQ Americans see the Republican party as unfriendly towards queer people, Duncan and Doane aren’t worried about being stripped of their rights. Duncan says the 2015 passage of gay marriage solidified his equal rights. “We have marriage as gay men. I have every right that a straight man does,” he says.

Doane also feels that his rights are secure under Trump 2.0 and approves of the president so far. “I voted for that great, big, beautiful wall because we were being overrun by illegals,” he says. Doane also approves of U.S. interventions in Iran and Venezuela, though he criticizes Trump for “leaving [Venezuela] way too soon.”

Similarly, Duncan is generally approving of Trump’s handling of immigration. “I don’t love what we’re doing as far as deportations, but we had to get some control over the illegal population,” says Duncan. “I wish there was another way, but I can’t think of it.”

Duncan and Doane are certainly in the minority as queer men who approve of Trump, but as far as they’re concerned, Trump is delivering on his promises. “Overall, I’m happy,” says Duncan. “I’m getting pretty much exactly what I voted for.”


Editor’s note: An earlier version of this article stated that Trump told the Advocate in 2000 that legalizing gay marriage was “only fair.” That was incorrect. He told the publication that he thinks amending the Civil Rights Act to grant the same protection to gay people that we give to other Americans is “only fair.”

Continue Reading

National

LGBTQ Catholic groups slam Trump over pope criticism

‘Moral truth and compassion always overcome ignorant hate’

Published

on

Pope Leo XIV (Photo via Vatican News/X)

LGBTQ Catholic groups have sharply criticized President Donald Trump over his criticisms of Pope Leo XIV.

Leo on April 13 told reporters while traveling to Algeria that he had “no fear of the Trump administration” after the president described him as “weak on crime” and “terrible for foreign policy” in response to his opposition to the Iran war. (Trump on the same day posted to Truth Social an image that appeared to show him as Jesus Christ. He removed it on April 13 amid backlash from religious leaders.)

Vice President JD Vance, who is Catholic, during a Fox News Channel interview on the same day said “in some cases, it would be best for the Vatican to stick to matters of morality, to stick to matters of what’s going on with the Catholic church, and let the president of the United States stick to dictating American public policy.” Vance on April 14 once again discussed Leo during an appearance at a Turning Point USA event in Athens, Ga., saying he should “be careful when he talks about matters of theology.”

Italian Prime Minister Giorgia Meloni; former U.S. Ambassador to the Vatican Miguel Díaz; and Oklahoma City Archbishop Paul Coakley, president of the U.S. Conference of Catholic Bishops, are among those who have criticized Trump over his comments. The president, for his part, has said he will not apologize to Leo.

“The world is being ravaged by a handful of tyrants,” said Leo on Thursday at a cathedral in Bamenda, Cameroon.

Francis DeBernardo is the executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization. He told the Washington Blade on Thursday that Trump’s comments about Leo “are one more example of the ridiculous hubris of this leader (Trump) whose entire record shows that he is nothing more than a middle-school bully.”

“LGBTQ+ adults were often bullied as children, and they have learned the lesson that bullies act when they feel frightened or threatened,” said DeBernardo. “But secular power does not threaten the Vicar of Christ, and Pope Leo’s response illustrates this truth perfectly.”

DeBernardo added Trump “is obviously frightened that Pope Leo, an American, has more power and influence than the president on the world stage.” 

“Like most Trumpian bullying, this strategy will backfire,” DeBernardo told the Blade. “Moral truth and compassion always overcome ignorant hate. Trump’s actions are not an example of his power, but of his impotence.”

Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, echoed DeBernardo.

“He [Trump] has demonstrated throughout both presidencies that he doesn’t understand the basic concepts of any faith system that is founded on the dignity of human beings, the importance of common good,” Duddy-Burke told the Blade on Thursday during a telephone interview. “It’s just appalling.”

Duddy-Burke praised Leo and the American cardinals who have publicly criticized Trump.

“The pope’s popularity — given how much more respect Pope Leo has than the man sitting in the White House — is a blow to his ego,” Duddy-Burke told the Blade. “That seems to be a sore sport for him.”

“It’s such an imperialistic world view,” she added.

Leo ‘is the real peacemaker’

The College of Cardinals last May elected Leo to succeed Pope Francis after his death.

Leo, who was born in Chicago, is the first American pope. He was the bishop of the Diocese of Chiclayo in Peru from 2015-2023.

Francis made him a cardinal in 2023.

Juan Carlos Cruz — a gay Chilean man and clergy sex abuse survivor who Francis appointed to the Pontifical Commission for the Protection of Minors — has traveled to Ukraine several times with Dominican Sister Lucía Caram since Russia launched its war against the country in 2022. Cruz on Thursday responded to Trump’s criticism of Leo in a text message he sent to the Blade from Kyiv, the Ukrainian capital.

“I am in Ukraine under many attacks,” said Cruz. “Trump is an asshole and has zero right to criticize the Pope who is the real peacemaker.”

Continue Reading

Tennessee

Charlie Kirk Act advances in Tenn.

Bill would limit protests, protects speakers opposing ‘transgender’ identities

Published

on

Charlie Kirk photographed at the 2024 Republican National Convention. (Washington Blade photo by Michael Key)

The Tennessee legislature has passed Senate Bill 1741 / House Bill 1476, dubbed the “Charlie Kirk Act,” which, if signed by Republican Gov. Bill Lee, would reshape how public colleges and universities regulate speech on campus.

The measure targets all public higher education institutions and requires them to adopt a “free expression” policy modeled on the University of Chicago’s framework. That framework emphasizes that universities should not shield students from controversial or offensive ideas and requires state schools to formally embrace institutional neutrality — meaning they do not publicly take a stance on political or social issues.

Under the legislation, publicly funded schools cannot disinvite or cancel invited speakers based on their viewpoints or in response to protests from students or faculty. Student organizations, however — like Turning Point USA, an American nonprofit that advocates for conservative politics on high school, college, and university campuses, founded by Charlie Kirk, and often lack widely represented liberal counterparts — would retain broad authority to bring speakers to campus regardless of controversy.

The law includes broad protections for individuals and organizations expressing religious or ideological beliefs, including opposition to abortion, homosexuality, or transgender identity, regardless of whether those views are rooted in religious or secular beliefs. It further prohibits public institutions from retaliating against faculty for protected speech or scholarly work.

The bill, which has been hailed by supporters as an effort to “preserve campus free speech,” ironically also limits protest activity. Shouting down speakers, blocking sightlines, staging disruptive walkouts, or physically preventing entry to events are now considered “substantial interference” under the legislation, making those who engage in such actions subject to discipline.

Some of those disciplinary consequences include probation, suspension, and even expulsion for students, while faculty who protest in ways deemed to violate the policy could face unpaid suspensions and termination after repeated violations.

Supporters of the bill argue it strengthens free expression on campus. State Rep. Gino Bulso (R-Brentwood), the bill’s sponsor, said it reinforces a commitment to “civil and robust” debate at public universities.

“The Charlie Kirk Act creates critical safeguards for students and faculty and renews the idea that our higher education institutions should be centers of intellectual debate,” Bulso told Fox 17. “This legislation honors the legacy of Charlie Kirk by promoting thoughtful engagement and defending religious freedom.”

Critics, including Democratic lawmakers, have raised concerns that the legislation effectively elevates certain ideological viewpoints — particularly those tied to religious objections to LGBTQ identities — while exposing students and faculty to punishment for protest or dissent.

“It’s ironic that this body is talking about free speech when we had professors in Tennessee schools expelled and suspended when they did not mourn the death of Charlie Kirk — when they said that his statements were problematic and that the way he died did not redeem the way he lived,” state Rep. Justin Jones (D-Nashville) told WKRN.

Kirk, the right-wing activist and founder of Turning Point USA, for whom the bill is named, was assassinated in September 2025 at a public event at Utah Valley University. His legacy and rhetoric remain deeply polarizing, particularly among LGBTQ advocates, who have cited his history of anti-LGBTQ statements in opposing his campus appearances.

The bill now heads to Lee’s desk for his signature.

Continue Reading

Popular