National
U.S. Supreme Court refuses to block Texas anti-abortion law in 5-4 ruling
The Texas Legislature has deputized the State’s citizens as bounty hunters, offering them cash prizes for civilly prosecuting their neighbors
WASHINGTON – Late Wednesday night the United States Supreme Court issued a ruling in the Texas anti-abortion law case which the court had earlier in the day let take effect. By a 5–4 vote, with U.S. Chief Justice John Roberts joining the liberal justices, the High Court will let stand Texas Senate Bill 8, a law that prohibits abortions after six weeks, with no exception for rape or incest.
“Roe v. Wade is, functionally, overturned.”
Constitutional lawyer and journalist Mark Joseph Stern.
The Texas law is considered the most restrictive in the nation banning abortion procedures after six weeks of pregnancy- a period when many women are unaware that they are pregnant.
In addition to preventing abortions after detection of an unborn child’s heartbeat; the bill further authorizes a ‘private civil right of action,’ that would allow members of the general public to sue those who might have violated the restrictions, which providers call a bounty hunting scheme, the Texas Tribune noted.
Individuals who are sued under the ban could be required to pay the person who brought the lawsuit at least $10,000 for each abortion the defendant was involved in.
In her strongly worded dissent, Associate Supreme Court Justice Sonia M. Sotomayor, joined by Associate Justices Elena Kagan and Stephen Breyer, wrote a scathing takedown accusing her fellow Court members of “burying their heads in the sand.”
In his dissent, Chief Justice John Roberts took pains to explain; “Although the Court denies the applicants’ request for emergency relief today, the Court’s order is emphatic in making clear that it cannot be understood as sustaining the constitutionality of the law at issue. But although the Court does not address the constitutionality of this law, it can of course promptly do so when that question is properly presented.”
Justice Sotomayor also notes, “The Act is a breathtaking act of defiance … The Court should not be so content to ignore its constitutional obligations to protect not only the rights of women, but also the sanctity of its precedents and of the rule of law.”
Justice Breyer taking aim at the law’s provisions that allows for third party interference and also be paid what amounts to a bounty to stop providers or women writes; “I agree with the Chief Justice, Justice Sotomayor , and Justices Kagan . Texas’s law delegates to private individuals the power to prevent a woman from obtaining an abortion during the first stage of pregnancy. But a woman has a federal constitutional right to obtain an abortion during that first stage.”
The National Center for Lesbian Rights, (NCLR) Legal Director Shannon Minter decried the High Court’s decision telling the Blade in an email late Wednesday evening;
“Tonight’s decision by a majority of the Supreme Court to greenlight a blatantly unconstitutional Texas abortion ban should be a wakeup call to every LGBTQ person in this country. We cannot count on this Court to protect our freedom. Every day that goes by without the passage of a federal anti-discrimination law for LGBTQ people brings us closer to being stripped of the hard won rights and protections we have struggled for decades to secure, and that still do not exist in many states.
The Court’s decision will inspire copycat abortion bans in other states and accelerate the already overwhelming tsunami of anti-LGBTQ state laws. We are in a full blown red-state backlash against equality for women, Black and brown people, and LGBTQ communities, and our Supreme Court has abandoned any pretense of protecting vulnerable minorities. We must turn to Congress for protection and do everything in our power to enact federal protections for reproductive autonomy and a federal law prohibiting discrimination based on sexual orientation or gender identity.”
In measured tones but with unmistakable underlying anger Justice Kagan in her dissent wrote “The majority’s decision is emblematic of too much of this Court’s shadow-docket decision making—which every day becomes more unreasoned, inconsistent, and impossible to defend.”
She added; “The majority “barely bothers to explain its conclusion” and “rewards Texas’s scheme to insulate its law from judicial review by deputizing private parties to carry out unconstitutional restrictions on the state’s behalf.”
Justice Sotomayor, offered; “In effect, the Texas Legislature has deputized the State’s citizens as bounty hunters, offering them cash prizes for civilly prosecuting their neighbors’ medical procedures.”
In his analysis, Stern writes; “It is simply impossible to say that Roe v. Wade is still the law of the land. The Supreme Court just allowed Texas to enforce a six-week abortion ban—giving other states a roadmap to do the same. Roe is no longer good law. The right to abortion has been functionally overturned.”
Clarence Thomas, Sam Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett killed Roe v. Wade in an unsigned, two-page order issued at midnight on a Wednesday. The brazenness is simply extraordinary. I expected something bad, but I am still stunned.https://t.co/vnAlOOuJEH
— Mark Joseph Stern (@mjs_DC) September 2, 2021
Eswatini
PEPFAR delivers first doses of groundbreaking HIV prevention drug to two African countries
Lenacapavir now available in Eswatini and Zambia.
The State Department on Tuesday announced PEPFAR has delivered the first doses of a groundbreaking HIV prevention drug to two African countries.
The lenacapavir doses arrived in Eswatini and Zambia.
The State Department in September unveiled an initiative with Gilead Sciences to bring lenacapavir “to market in high-burden HIV countries.”
Lenacapavir users inject the drug twice a year.
The State Department in its September announcement noted everyone who participated in Gilead’s clinical trials remained HIV negative. It also said lenacapavir “has the potential to be particularly helpful for pregnant and breastfeeding mothers, as it safely protects them during and after pregnancy to prevent mother-to-child transmission.”
“In our new America First Global Health Strategy, the Department of State is establishing a first-of-its-kind innovation fund to support American-led research, market-shaping, and other dynamic advancements in global health,” said PEPFAR on Tuesday in a press release.
“The arrivals of the first doses of lenacapavir in Eswatini and Zambia mark an important milestone in HIV prevention and reflect our commitment to supporting communities with the greatest need,” added Gilead CEO Daniel O’Day. “For the first time, a new HIV medicine is reaching communities in sub-Saharan Africa in the same year as its U.S. approval.”
The September announcement came against the backdrop of widespread criticism over the Trump-Vance administration’s reported plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to curtail services or even close because of U.S. funding cuts.
National
213 House members ask Speaker Johnson to condemn anti-trans rhetoric
Letter cites ‘demonizing and dehumanizing’ language
The Congressional Equality Caucus has sent a letter urging Speaker of the House Mike Johnson to condemn the surge in anti-trans rhetoric coming from members of Congress.
The letter, signed by 213 members, criticizes Johnson for permitting some lawmakers to use “demonizing and dehumanizing” language directed at the transgender community.
The first signature on the letter is Rep. Sarah McBride of Delaware, the only transgender member of Congress.
It also includes signatures from Leader Hakeem Jeffries (NY-08), Democratic Whip Katherine Clark (MA-05), House Democratic Caucus Chair Pete Aguilar (CA-33), every member of the Congressional Equality Caucus, and members of every major House Democratic ideological caucus.
Some House Republicans have used slurs to address members of the transgender community during official business, including in committee hearings and on the House floor.
The House has strict rules governing proper language—rules the letter directly cites—while noting that no corrective action was taken by the Chair or Speaker Pro Tempore when these violations occurred.
The letter also calls out members of Congress—though none by name—for inappropriate comments, including calls to institutionalize all transgender people, references to transgender people as mentally ill, and false claims portraying them as inherently violent or as a national security threat.
Citing FBI data, the letter notes that 463 hate crime incidents were reported due to gender identity bias. It also references a 2023 Williams Institute report showing that transgender people are more than four times more likely than cisgender people to experience violent victimization, despite making up less than 2% of the U.S. population.
The letter ends with a renewed plea for Speaker Johnson to take appropriate measures to protect not only the trans member of Congress from harassment, but also transgender people across the country.
“We urge you to condemn the rise in dehumanizing rhetoric targeting the transgender community and to ensure members of your conference are abiding by rules of decorum and not using their platforms to demonize and scapegoat the transgender community, including by ensuring members are not using slurs to refer to the transgender community.”
The full letter, including the complete list of signatories, can be found at equality.house.gov. (https://equality.house.gov/sites/evo-subsites/equality.house.gov/files/evo-media-document/letter-to-speaker-johnson-on-anti-transgender-rhetoric-enforcing-rules-of-decorum.pdf)
The White House
EXCLUSIVE: Garcia, Markey reintroduce bill to require US promotes LGBTQ rights abroad
International Human Rights Defense Act also calls for permanent special envoy
Two lawmakers on Monday have reintroduced a bill that would require the State Department to promote LGBTQ rights abroad.
A press release notes the International Human Rights Defense Act that U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Robert Garcia (D-Calif.) introduced would “direct” the State Department “to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities” and “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department.”
“LGBTQ+ people here at home and around the world continue to face escalating violence, discrimination, and rollbacks of their rights, and we must act now,” said Garcia in the press release. “This bill will stand up for LGBTQ+ communities at home and abroad, and show the world that our nation can be a leader when it comes to protecting dignity and human rights once again.”
Markey, Garcia, and U.S. Rep. Sara Jacobs (D-Calif.) in 2023 introduced the International Human Rights Defense Act. Markey and former California Congressman Alan Lowenthal in 2019 sponsored the same bill.
The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.
The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.
The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.
Then-President Joe Biden in 2021 named Jessica Stern — the former executive director of Outright International — as his administration’s special U.S. envoy for the promotion of LGBTQ and intersex rights.
The Trump-Vance White House has not named anyone to the position.
Stern, who co-founded the Alliance for Diplomacy and Justice after she left the government, is among those who sharply criticized the removal of LGBTQ- and intersex-specific references from the State Department’s 2024 human rights report.
“It is deliberate erasure,” said Stern in August after the State Department released the report.
The Congressional Equality Caucus in a Sept. 9 letter to Rubio urged the State Department to once again include LGBTQ and intersex people in their annual human rights reports. Garcia, U.S. Reps. Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who chair the group’s International LGBTQI+ Rights Task Force, spearheaded the letter.
“We must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in response to the International Human Rights Defense Act that he and Garcia introduced. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community. I will continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights.”
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