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
National
Activists reflect on Black Trans Lives Matter movement resurgence
Blade speaks with Alex Santiago, Jasmyne Cannick
The world came to a standstill last year as a video surfaced online that showed then-Minneapolis police officer Derek Chauvin murdering George Floyd. The video went viral and sparked numerous protests against racism and police brutality in the U.S. and around the world as many people felt it a potent time to relay their frustrations with and to their governments.
For the LGBTQ community, these protests brought to light the need for human rights for transgender individuals as the murders of people like Tony McDade in Florida and Nina Pop in Missouri reawakened the flame within the Black Trans Lives Matter movement.

The Washington Blade more than a year later spoke with Alex Santiago, executive director of the I Am Human Foundation in Atlanta, and Jasmyne Cannick, a Democratic political strategist and journalist in Los Angeles, to reflect on last year’s Black Trans Lives Matter movement, how far it has come, and what’s in store for the future.
Uplifting voices often silenced
Participating in the Black Lives Matter protests was an easy decision for Santiago. He is a member of the Legendary House of Garcon, a ballroom house headquartered in D.C.
Although the house is composed mostly of LGBTQ members, Santiago still felt the need to center trans voices and experiences by visually representing them during Black Lives Matter marches.
“[I decided that] when I go I’m going to have signs that say ‘Black Trans Lives Matter.’ After talking to a couple of the people in the house, they said it was a great idea. So, they got these t-shirts made that incorporated the trans colors [baby blue, baby pink and white],” says Santiago.
Out of the 250 people in the Legendary House of Garcon, 175 showed up to D.C. from other states to march in solidarity with Black trans people. Santiago says that from what he was told, his was the largest group of activists representing Black trans lives at protests.
“At first I thought people were going to look at us crazy, like, ‘Why are you separating yourselves or being exclusive?’. But, we got a great response from the general population that was there that day. It was a good day,” says Santiago.
Cannick, who was in Los Angeles during the protests, lent her efforts to platforming pertinent issues. She identifies herself as an ally and a “friend” to the LGBTQ community.
“I’m active in the LA community and everybody knows me. So, whenever something happens, someone is hurt, someone is killed or someone needs to get the word out about something that’s going on particularly as it relates to the trans community, I’m always asked to get involved, and I do,” says Cannick.
Over the past year, she reported on multiple LGBTQ issues including the trial of Ed Buck, a Democratic political fundraiser who was convicted in the deaths of two gay Black men who he injected with methamphetamine in exchange for sex.
What happened to the BTLM movement and what needs to change?
The nature of many social movements is that as the intense emotion surrounding them fades, people’s fervor for change wanes as well. This is especially true with allies who are not directly linked to the cause.
“Fatigue and frustration at the relatively slow pace of change to a growing backlash on the right against efforts to call out systemic racism and white privilege — has led to a decline in white support for the Black Lives Matter movement since last spring, when white support for social justice was at its peak,” US News reports about the Black Lives Matter movement.
Cannick believes this is the same for the Black Trans Lives Matter movement. She says Americans allow the media to dictate how it behaves and responds to issues. Thus, when stories “fall out of our media cycles … they fall out of our memories.”
“I think that’s not going to change, and that’s a psychological thing, until we learn how to not let the media necessarily dictate our issues,” says Cannick.
She suggests that individuals remain plugged into their communities by “doing anything to make sure they keep up with an issue” including following the “right people” on social media and setting up Google alerts for any breaking news.

Santiago also echoes Cannick’s sentiments.
“We wait until something happens before we do something. And, I don’t want to be retroactive; I want to be proactive. I want people to see me when things are going well [and when they’re not going well],” says Santiago.
Upon returning to his home in Atlanta after the D.C. protests, Santiago contacted a billboard installation company and paid for a billboard labelled, “Black Trans Lives Matter” to be displayed on University Avenue near downtown Atlanta. He says that the billboards got attention and helped to spread much-needed awareness. Following this success, he is now in the process of installing a new billboard labelled, “Black, Trans and Visible. My life Matters.”
“Unless you’re in people’s faces or something drastic happens, people forget. Unless you’re living it, people forget,” says Santiago.
As time progresses, both Santiago and Cannick nest hope for the Black Trans Lives Matter movement. However, this hope can only persist when crucial steps are taken to ensure Black trans individuals around the country are protected, most importantly through legislation.
The New York Times reports there are close to 1,000 elected LGBTQ officials in the U.S., with at least one in each state except Mississippi.
“We need to have more legislation. We need more voices in power like the council Biden has right now,” says Santiago.
“You know that [Biden] has a lot of trans people and Black trans people [involved], and a part of that’s a positive step in the right direction, but we need that times 10,” says Santiago.
He believes that political representation should extend to local governance where ordinary Black trans individuals can be trained to assume leadership roles.
Cannick’s focus is on the Black community.
“[Trans women] are usually murdered by Black men. If we ever expect that to change, we need to start talking about that,” says Cannick.
She’s open to having conversations that put people, including her as a cis-identifying woman, in uncomfortable and awkward spaces.
She hosts a podcast titled “Str8 No Chaser” and recently aired an episode, “Why Are Black Men Killing Trans Women,” where she discussed with three Black trans women about the gender and sexuality dynamics within the Black community and their perils.
National
Evangelical Lutheran Church installs first Trans prelate
The bishop will lead one of the church’s 65 synods, overseeing nearly 200 congregations in Northern California and northern Nevada.
SAN FRANCISCO – The Rev. Dr. Megan Rohrer was installed as the first openly transgender bishop of the Evangelical Lutheran Church in America on Saturday, in services held at the Grace Cathedral in San Francisco. The presiding bishop of the ELCA, Elizabeth Eaton, led the installation ceremony.
“My call is to be up to the same messy, loving things I was up to before,” Rohrer told those gathered in the cathedral. “But mostly, if you’ll let me, and I think you will, my hope is to love you and beyond that, to love what you love.”
The bishop will lead one of the church’s 65 synods, overseeing nearly 200 congregations in Northern California and northern Nevada.
Rohrer, who uses the pronouns they/them, was elected to serve as bishop after the retirement of their predecessor. The Sioux Falls, South Dakota native had moved to the Golden State to pursue master and doctoral degrees at the Pacific School of Religion in Berkeley. In 2010, they became one of seven openly out LGBTQ pastors accepted by the Evangelical Lutheran church after it allowed ordination of pastors in same-sex relationships.
The bishop and their spouse are raising two children and prior to installation, Rohrer was pastor of the Grace Lutheran Church and served as a chaplain coordinator for the city of San Francisco’s police department. Rohrer has assisted in ministering to the city’s homeless and LGTBQ community for a number of years.
“I step into this role because a diverse community of Lutherans in Northern California and Nevada prayerfully and thoughtfully voted to do a historic thing,” Rohrer said in a statement. “My installation will celebrate all that is possible when we trust God to shepherd us forward.”
The synod Rohrer leads is part of the largest Christian denominations in the United States with about 3.3 million members.
National
LGBTQ community shared nation’s grief after 9/11 attacks
Gay passenger may have helped stop hijackers from crashing into White House
Many in the LGBTQ community throughout the country were expected to join their friends, neighbors, and family members this week in commemorating the 20th anniversary of the Sept. 11, 2001, terrorist attacks on the New York World Trade Center’s Twin Towers and on the Pentagon just outside Washington, D.C., as well as a hijacking that ended with a crash in Shanksville, Pa.
Activists involved with local and national LGBTQ advocacy organizations have said they recall a coming together of LGBTQ people and their co-workers, neighbors, and family members to support one another during a time of unimaginable horror and grief.
A total of 2,996 people died in the 9/11 attacks, including 19 terrorists who hijacked four jetliners whose passengers included Americans and citizens of 78 countries, according to history.com.
“The gay, lesbian, bisexual, and transgender communities and those living with HIV/AIDS have worked diligently to overcome other forms of evil, whether it be bigotry or violence,” said A. Cornelius Baker, who at the time was executive director of D.C.’s Whitman-Walker Clinic, in a statement during the week of the 9/11 attacks.
“And we will stand side by side with our fellow Americans and our fellow citizens of the world to do everything we can to overcome this new threat to humanity,” Baker said
For many LGBTQ residents of New York and the D.C. area, the suffering over the loss of loved ones, including same-sex partners, was heightened a short time later when they learned they were initially ineligible for local and federal programs aimed at providing financial assistance to survivors of the victims of the 9/11 attacks because same-sex partners were not legally recognized.
At the urging of LGBTQ rights organizations, state, and local officials in New York and the D.C. area took steps to address the initial denial of financial support for surviving same-sex partners in programs under their control. Officials with a massive, multi-million-dollar federal aid program for 9/11 survivors, however, said they did not have legal authority to authorize payments to same-sex partners.
The officials, in the administration of President George W. Bush, said the best they could do would be to leave it up to local authorities to determine whether state probate laws would recognize a same-sex partner as a family member for eligibility in the federal aid program for 9/11 survivors, many of whom lived in states outside New York and the D.C. area.
Among those who lost their lives in the 9/11 attacks was American Airlines co-pilot David Charlebois, an out gay man and member of the National Gay Pilots Association, who was on American Airlines Flight 77, which the terrorists crashed into the Pentagon.
Also among the terrorists’ victims in the 9/11 attacks was public relations executive and rugby enthusiast Mark Bingham of San Francisco, who contacted his mother by cell phone shortly before the United Airlines jet he was taking from Newark, N.J. to San Francisco crashed into the countryside in western Pennsylvania.
Surviving family members of other passengers on that flight have said they too were called by their loved ones who told them some of the passengers were planning an attempt to somehow regain control of the jet from the terrorists.
Bingham’s mother, Alice Hoagland, who at the time was a United Airlines flight attendant, said she believed her son joined other passengers to prevent the terrorists from carrying out what authorities said was their plan to crash the jet into the U.S. Capitol or possibly the White House. She said her son’s reputation as a fighter for civic justice, along with a past episode where he fought off muggers, led her to believe he was among those who foiled the terrorists’ plans to fly the jet to Washington.
An investigation into the 9/11 attacks by a federal 9/11 commission later found that flight data recordings from the cockpit of United Airlines Flight 93, where Bingham was among 44 people aboard, showed that one of the four hijackers who took control of the jetliner shortly after its takeoff responded to an attempt by passengers to storm the cockpit by deliberately steering the plane into a downward direction at about 500 miles per hour, causing it to crash into an empty field near the town of Shanksville in western Pennsylvania at 10:10 a.m. All 44 people were killed.
“The fact that he was so close to the action, it is likely that he was able to get at these guys,” Hoagland told the Associated Press. “It gives me a great deal of comfort to know my son may have been able to avert the killing of many, many innocent people,” she said.
Hoagland became an outspoken advocate for LGBTQ rights and for the gay rugby teams that Mark Bingham helped to create in the years after her son’s death. She died on Dec. 22, 2020, of natural causes at the age of 71 at her home in Los Gatos, Calif., according to the Associated Press.
Longtime LGBTQ rights advocate Jay Fisette, who at the time of the 9/11 attacks held the elected position of chair of the Arlington County Board, which serves as the county’s governing body, was among the Arlington officials that came to the Pentagon’s grounds to oversee efforts by Arlington firefighters to rescue Pentagon workers on the day of the attack.
Fisette noted that the Pentagon is in Arlington County, and it was largely the county’s firefighters and emergency medical teams that put out the fire caused by the jetliner crash and provided medical assistance to survivors of the crash.
At an Oct. 7, 2001, 9/11 Day of Remembrance and Appreciation ceremony held in Arlington, Fisette expressed the views of many in the community in response to the 9/11 attacks.
“Tonight, our community gathers as a family,” he told the gathering. “We gather in sorrow and in disbelief, in remembrance and appreciation,” he said. “But we come here, too, with resolve and pride. We come together as Arlingtonians who love our county, as Americans who love our country,” he said.
“Our enemies may hurt our bodies and destroy our buildings, but they will never defeat our determination to make this a world of peace and a community in which our children grow up safe and secure,” Fisette told participants at the gathering.
Although some of the same-sex partners of those killed in the 9/11 attacks faced obstacles in obtaining financial support through the federal 9/11 relief program, Tom Hay, the surviving partner of 14 years of American Airlines pilot David Charlebois was treated with respect and honor by American Airlines officials and colleagues at Charlebois’ funeral mass at D.C.’s St. Matthews Cathedral.
More than a dozen uniformed company pilots and flight attendants attended the mass. In a news release issued in June of this year, American Airlines mentions Charlebois’ relationship with Hay and tells how Hay stood with Charlebois when Charlebois pushed for equal rights for LGBTQ people in the airline industry through his involvement with the National Gay Pilots Association.
“David was an early member of the NGPA,” the American Airlines statement says. “His contribution helped ensure ongoing progress toward fairness and solidarity,” it says.
Activists in New York have said the 9/11 attacks drew attention to the need for legal protections for same-sex couples, including the need for legal recognition of same-sex marriage.
Ros Levi, who in 2001 served as executive director of the New York LGBTQ advocacy group Empire State Pride Agenda, or ESPA, said his group became aware that same-sex partner survivors were being treated differently when New York City and private relief agencies like the Red Cross set up an emergency station on a pier along the Hudson River. The station was intended to help people find a family member missing and as yet unaccounted for in the World Trade Center carnage.
“Literally, [gay] people had to go there, turn around, go back home, and get some paperwork that spouses didn’t have to get to prove a relationship existed,” Levi told the Washington Blade in 2011 when the Blade reported on the 10-year anniversary events related to the 9/11 attacks.
“You were nervous and scared and sad and then you had to go through that,” Levi said. “And worse, other people turned them away, even with the paperwork, saying sorry you’re not a family according to our guidelines.”
Activists said New York City and New York State officials quickly recognized the inequities faced by same-sex partner survivors and took steps to change policies and laws to correct the situation. Among other things, activists were pleased when New York’s then GOP Gov. George Pataki issued an executive order in October 2001 that included surviving partners of gay and lesbian victims of the World Trade Center attacks in receiving full spousal benefits from the state’s Crime Victims Board.
The New York State Legislature soon took its own action by approving three separate bills that included same-sex partner survivors in various state benefits to be allocated to 9/11 survivors and their families.
“The grief and loss were the same between heterosexual and same-sex couples, and a perception of this seemed to come through to much of the public,” said Jennifer Pizer, the then senior counsel for the LGBTQ litigation group Lambda Legal.
In a separate development, Lambda Legal, ESPA, the Human Rights Campaign and other LGBTQ advocacy groups created the September 11 Gay & Lesbian Family Fund to provide some support to surviving same-sex partners who were ineligible for help from the federal relief fund program.
“The Family Fund was established in December [2001] to help offset the discrimination gay and lesbian partners faced in obtaining benefits automatically afforded to surviving spouses, including Social Security and Workers Compensation survivor benefits and compensation under the Federal 9/11 Victims Compensation Fund,” ESPA said in a statement.
Among the other gay people known to have lost their lives in the 9/11 attacks was Father Mychal Judge, 68, a Franciscan priest who served as a Catholic chaplain for the New York City Fire Department. According to the National Catholic Reporter, Judge rushed to the scene of the World Trade Center to assist firefighters shortly before the Twin Towers collapsed. He was fatally struck by debris falling from the south tower while giving last rites to a fallen firefighter, the Catholic publication reported this week.
“He was a decent, wonderful human being,” said New York gay journalist Andy Humm, who had interviewed Judge for LGBT related stories prior to the 9/11 attacks. “When gays were kept out of the St. Patrick’s Day Parade, he gave me an interview on the street telling me how terrible it was for us to be discriminated against and for the church to be doing it,” Humm told the Blade.
“I saw him at many demonstrations for gay and AIDS causes, showing up in his Franciscan monk’s cassock,” said Humm. “And he was equally beloved by the Fire Department, there at every major fire tragedy in the city, lending moral support to firefighters.”
New Ways Ministries, the Maryland based LGBTQ Catholic group that advocates for LGBTQ supportive policies within the church, has announced it is reaching out to other faith-based organizations, asking them to form an association to call on the Catholic Church to officially recognize Fr. Judge as a saint by canonizing him.
Francis DeBernardo, New Ways Ministries’ executive director, has written a biography of Judge, which the group says will be published in March 2022 by Liturgical Press, one of the larger Catholic publishers.
A gay couple from California, Daniel Brandhorst and Ronald Gamboa, and their adopted son, David Brandhorst, were among those who died aboard the United Airlines flight that crashed in Pennsylvania. The Los Angeles Times reported that Brandhorst, a lawyer and Gamboa, the manager of a Santa Monica Gap store, had adopted 3-year-old David when he was an infant.
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