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HRC president terminated after dispute with board on his role in Cuomo affair

David vows lawsuit to challenge termination

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Alphonso David, gay news, Washington Blade, HRC National Dinner

Human Rights Campaign President Alphonso David has been terminated as head of the nation’s leading LGBTQ group following a public dispute with the board over his role in the Andrew Cuomo scandal.

Jodie Patterson and Morgan Cox, co-chairs of the Human Rights Campaign, issued a statement late Monday explaining the decision that David, the first Black president of the LGBTQ group, was being terminated under the “for cause” provision of his contract.

“At HRC, we are fighting to bring full equality and liberation to LGBTQ+ people everywhere. That includes fighting on behalf of all victims of sexual harassment and assault,” Patterson and Cox wrote. “As outlined in the New York Attorney General report, Mr. David engaged in a number of activities in December 2020, while HRC President, to assist Gov. Cuomo’s team in responding to allegations by Ms. Boylan of sexual harassment. This conduct in assisting Governor Cuomo’s team, while president of HRC, was in violation of HRC’s Conflict of Interest policy and the mission of HRC.”

According to the statement, the boards for the Human Rights Campaign and Human Rights Campaign Foundation voted to terminate David. The board names Joni Madison, the current chief operating officer of the Human Rights Campaign as interim president effective immediately as board members engage in a search to replace David as president.

The decision to fire David comes after public sniping between him and the board co-chairs on the independent review the Human Rights Campaign initiated after he was named nearly a dozen times in the report issued by New York Attorney General Letitia James.

Both the Human Rights Campaign campaign board and the Human Rights Campaign voted to terminate David. A source familiar with the vote said it happened Monday night and no one voted “no” in either case. The campaign board vote was unanimous and there were two abstentions in foundation board vote, the source said.

The source familiar with the vote said David never told Human Rights Campaign he was helping Cuomo during his role as Human Rights Campaign president or talking to the New York attorney general. The first board members heard about it was when it hit the press, the source said.

According to a report in the New York Times, a person familiar with the deliberations among the HRC board said that David “never told the organization that he was helping to advise Mr. Cuomo when the accusations came to light.” Further, David didn’t consult the LGBTQ group’s counsel, or inform them he was going to be interviewed by James’s office, the Times reported.

The ignominious outcome of David’s tenure at the Human Rights Campaign comes after two years with him at the helm of the organization. Observers had high hopes for him as the first person of color to run the nation’s leading LGBTQ group, which he took into new directions with a foray into legal work on LGBTQ rights.

David, via Twitter, where his profile as of Tuesday morning still identifies him as HRC president, vowed to fight the decision to terminate him in court.

 “As a Black, gay man who has spent his whole life fighting for civil and human rights, they cannot shut me up,” David wrote. “Expect a legal challenge.”

The board identified as reasons for termination David’s inability to serve as the public face of the Human Rights Campaign as well as “material damage” David has caused to the Human Rights Campaign as evidenced by media coverage and “hundreds of calls, emails and other negative communications HRC has received from staff, members of the Board of Governors, volunteers, program partners, general members, supporters, corporate partners, political figures, and more expressing serious concern with Mr. David’s conduct and its inconsistency with the values and mission of HRC.”

“This is a painful moment in our movement,” Patterson and Cox said. “While the Board’s decision is not the outcome we had ever envisioned or hoped for in terms of Mr. David’s tenure with HRC, his actions have put us in an untenable position by violating HRC’s core values, policies and mission.”

Over the weekend, David tweeted in a statement the board came to him late Friday telling him the review is completed, but suggested he resign even though they could produce no evidence of wrongdoing.

“I have the support of too many of our employees, board members and stakeholders to walk away quietly into the night,” David said. “I am not resigning.”

The next day, the board sent the email to their fellow members, saying they were “surprised and disappointed by the inaccuracies in his portrayal of events.” The email was shared with the Blade and three sources confirmed its accuracy.

Among the “mischaracterizations” identified by the board was David’s “assertion that there was ‘no indication of wrongdoing on his part.'”

David has said from the beginning he has committed no wrongdoing and wouldn’t resign as HRC president, even though other activists caught up in the scandal — Tina Tchen, president of “Time’s Up,” and Roberta Kaplan, board member of the same organization — made the decision to step down.

After the HRC board email became public on Monday, David issued a subsequent statement on Twitter: “The facts are that I was contacted by the board co-chairs late Friday night,” David wrote. “They told me that the Sidley Austin review was complete, but they would not provide the report to me or anyone. They gave me a deadline of 8 am the next morning to tell them whether I would resign. They didn’t offer a shred of evidence of any wrongdoing on my part when I asked repeatedly.”

At the time news of the New York attorney general report emerged, the board initially supported David, and renewed his contract for five years. The next week, however, the Human Rights Campaign board and David announced they had agreed to an independent review on his involvement in the Cuomo scandal that would be conducted by Sidley Austin LLP and last no longer than 30 days.

Sidley didn’t respond to multiple requests from the Washington Blade to comment over the weekend on the review. The board chairs have indicated the results of the review would be confidential.

According to the New York Times, the person familiar with the review, said there was no written report and there was never going to be one. Instead, there were oral presentations to the board. David is said to have given names to the board of people who would speak on his behalf during the investigation, in addition to the 10 hours he spent being interviewed, the Times reported.

Some legal experts had doubted the validity of a review by Sidley Austin on the basis it was among the legal firms agreeing in 2019 to help with the Human Rights Campaign entering into litigation to advance LGBTQ rights, an agreement David spearheaded upon taking the helm of the organization.

New York Attorney General Letitia James’s report on Cuomo names David nearly a dozen times. Among other things, the report indicated 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 materials David kept as a personnel file, saying it was memorandum on an internal employment matter David kept because he, in part, worked on it. David has said he was legally required to return the material.)

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 in the discussion about recording a survivor was limited to his role as counselor.

The nation’s leading LGBTQ group is now faced with the task of finding a new president at a time of significant challenges for the movement. The Equality Act is all but dead in Congress and numerous states have enacted laws targeting transgender youth, many of which are being challenged by litigation that was filed by the Human Rights Campaign.

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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