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Grenell emails hint at initial steps in Trump effort to decriminalize homosexuality

State Dept. identified 10 countries for int’l efforts

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Ric Grenell, Richard Grenell, gay news, Washington Blade
Richard Grenell's emails hint at groundwork for campaign to decriminalize homosexuality. (Photo public domain)

Emails from the State Department — obtained by the Washington Blade from a lawsuit filed under the Freedom of Information Act — reveal the Trump administration had at least laid the preliminary groundwork for a global campaign to decriminalize homosexuality to the extent of identifying 10 countries where it was thought most possible.

The initial seven-page batch of emails, obtained by the FOIA lawsuit seeking communications from former U.S. Ambassador Richard Grenell in his capacity as leader of the initiative to decriminalize homosexuality, was delivered to the Blade last month and hints at initial steps toward a plan shortly after the announcement of the initiative. 

It’s unclear from the initial production what further efforts, if any, sprang from the identification of these 10 countries. Critics at the time said the campaign was nothing but window-dressing to cover up for anti-LGBTQ policies during the Trump administration.

In an exchange dated Aug. 23, 2019, an assistant to Grenell forwards an email from an individual whose identity is redacted on an edited list of 10 countries where “we believe decriminalization is possible.” Copied on the email is Robin Quinville, who was deputy chief of mission in Berlin.

“Per your request, attached and edited below is the list of 10 countries where LGBTI decriminalization is possible — with your and Robin’s edits incorporated,” the email is redacted.

The names of the 10 countries, however, are redacted in the exchange provided to the Blade, as is an apparent Word document attached in the exchange with a short justification for each of the countries. Also redacted are the names of two agencies an assistant in the email identifies as having “cleared” the list. 

The assistant tells Grenell the State Department’s Bureau of Democracy, Human Rights and Labor hasn’t yet responded, but the embassy “will forward their list when we receive it.”

As a result of the redactions, the identity of the 10 countries is unknown at this time. The early production given the Blade in response to a FOIA request filed in September 2020 offers no indication on the extent to which the State Department conducted further efforts to change the law in these countries, or whether there was any engagement after identifying them.

Grenell didn’t respond to the Blade’s request for comment for this article on how the identification of these 10 countries informed efforts to decriminalize homosexuality. Quinville couldn’t be reached for comment.

The initial FOIA production also includes an earlier exchange between an assistant and Grenell dated June 11, 2019, shortly after Botswana became the latest country to decriminalize homosexuality, forwarding a link to a Washington Post article on that news. The name of the assistant is redacted and may or may not be the same as the one in the other exchange.

“Some good news coming out of Botswana! Their High Court ruled today that parts of the penal code criminalizing same-sex conduct are unconstitutional,” the unidentified assistant writes.

Grenell is short in his reply: “I just tweeted about it.” It’s not clear whether or not Grenell contributed to the decriminalization efforts in Botswana other than the tweet he references. The assistant goes on to share a link from a tweet from the State Department spokesperson congratulating Botswana.

Other countries addressing the criminalization of homosexuality after the Trump administration’s initiative was announced were Gabon, which became one of the few countries in sub-Saharan Africa to decriminalize homosexuality, and Sudan, which eliminated the death penalty as punishment for homosexual conduct (although the punishment remains prison time from five years to life). 

There’s no evidence those changes happened as a result of the global initiative Grenell led. One of the aims of the Blade’s FOIA lawsuit is to shed light on any activity from the U.S. government during the Trump administration in assisting with efforts, successful or otherwise, to decriminalize homosexuality.

The redactions on the production in the FOIA lawsuit may not be the last word. FOIA was amended in 2016 to clarify federal agencies cannot redact deliberative language without demonstrating revealing that information would cause “foreseeable harm.” The Blade, represented by attorneys at Davis Wright Tremaine, LLP, will have the opportunity to challenge these redactions once the FOIA production is complete.

At the time the lawsuit was filed, the State Department cited a “sizable universe of potentially responsive records” numbering in the thousands of pages as a reason for being unable to produce the records in a more timely manner. The initial seven pages produced by the State Department are an extremely small percentage of that total.

An unnamed State Department official, in response to an inquiry submitted by the Blade’s attorneys on the reasons for the initial limited production, fell back on the ongoing coronavirus pandemic and overwhelming nature of the work, citing a need to consult “subject matter experts” before disclosing potentially sensitive material.

“That process can take considerable time, particularly given the substantial constraints that have been imposed by the ongoing COVID-19 pandemic,” the State Department response says. “Thus, it’s not necessarily the case that the size of the potentially responsive universe returned by your client’s request should dictate the size of State’s first production. Similarly, a small production set does not necessarily entail that State has not processed a sizeable number of records during the preceding processing cycle.”

The Blade, through its attorneys, has asked the State Department to determine how much of the “sizable universe” has been reviewed and determined to be responsive or non-responsive (“fully processed”) and how long would the process involving subject matter experts take.

Daniel Fiedler, representing the Blade in the FOIA lawsuit as an attorney with Davis Wright Tremaine LLP, said the initial production from the State Department was unsatisfactory.

“In December, the Department of State made its first production in response to the FOIA request submitted by the Washington Blade over a year ago,” Fiedler said. “This nominal production consisted of two email records, both heavily redacted. Such a token response after so much time is truly disheartening, and we will continue to push to ensure that the Department satisfies its obligations under FOIA.” 

Fiedler concluded: “The American public is entitled access to the records sought, and every additional day without that access causes further harm.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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

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

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

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

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

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

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

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

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

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

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

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Virginia

Va. court allows conversion therapy despite law banning it

Judge in June 30 ruling cited religious freedom.

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(Image by Mehaniq/Bigstock)

In 2020, the state of Virginia had banned the practice of conversion therapy, but on Monday, a county judge ruled the ban violates the Virginia Constitution and Religious Freedom Restoration Act, allowing the therapy to start once more.

The conversion therapy ban, which can be seen in Va. Code § 54.1-2409.5 and 18VAC115-20-130.14, was overturned on June 30 as a result of two Christian counselors who argued that their — and all Virginia parents’ — constitutional right to freedom of religion had been encroached upon when the state legislature passed the ban.

A Henrico County Circuit Court judge sided with John and Janet Raymond, two Christian counselors represented by the Founding Freedoms Law Center, a conservative organization founded in 2020 following Virginia’s conversion therapy ban. Virginia’s Office of the Attorney General entered a consent decree with FFLC, saying state officials will not discipline counselors who engage in talk conversion therapy.

Conversion therapy, as the legislation described it, is considered to be “any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.” The ban’s reversal will now allow parents to subject their children to these practices to make them align better with their religion.

This decision comes despite advice and concern from many medical and pediatric organizations — including the American Psychiatric Association, American Psychological Association, American Association for Marriage and Family Therapy, and the American Counseling Association, to name a few — all of which denounce conversion therapy as dangerous and harmful to those subjected to it.

The American Medical Association, the largest and only national association that convenes more than 190 state and specialty medical societies, says that “these techniques are the assumption that any non-heterosexual, non-cisgender identities are mental disorders, and that sexual orientation and gender identity can and should be changed. This assumption is not based on medical and scientific evidence,” with attached data indicating people subjected to conversion therapy are more likely to develop “significant long-term harm” as a result of the therapy.

The AMA goes as far as to say that they outright “oppose the use of reparative or conversion therapy for sexual orientation or gender identity.”

FFLC has a clear goal of promoting — if not requiring — conservative ideology under the guise of religious freedom in the Virginia General Assembly. On their website, the FFLC argues that some progressive policies passed by the Assembly, like that of freedom from conversion therapy, are a violation of some Virginians’ “God-given foundational freedoms.”

The FFLC has argued that when conservative notions are not abided by in state law — especially when it involves “God’s design for male and female, the nuclear family, and parental rights” — that the law violates Virginians’ religious freedom.

A statement on the FFLC’s website calls gender dysphoria among children a “contagion” and upholds “faith-based insights” from counselors as equal — in the eyes of the law — to those who use medical-based insights. This, once again, is despite overwhelming medical evidence that indicates conversion therapy is harmful.

One study showed that 77 percent of those who received “sexual orientation change efforts,” or conversion therapy, experienced “significant harm.” This harm includes depression, anxiety, lowered self-esteem, and internalized homophobia. In addition, the study found that young LGBTQ adults with high levels of parental or caregiver rejection are “8.4 times more likely to report having attempted suicide,” with another study finding that “nearly 30 percent of individuals who underwent SOCE reported suicidal attempts.”

Virginia Senate Majority Leader Scott Surovell, a Democrat representing Fairfax, said that the overturning of the ban on religious merit disregards the entire concept of having professionally licensed counselors.

“I have no problem if somebody wants to go look at religious counseling from their priest or their minister, their rabbi, their imam — that’s perfectly fine,” Surovell told the Virginia Mercury. “When somebody goes to get therapy from somebody licensed by the commonwealth of Virginia, there’s a different set of rules applied. You can’t just say whatever you want because you have a license. That’s why we have professional standards, that’s why we have statutes.”

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Obituary

Longtime DC resident Thomas Walsh dies at 87

Pa. native’s husband was by his side when he passed away

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Thomas Walsh (Photo courtesy of Anthony Carcaldi)

Long-time D.C. resident Thomas Walsh died on May 16. He was 87.

Walsh was born on Sept. 17, 1937, in Scranton, Pa. His family later moved to Levittown, Pa.

Walsh met his husband, Anthony Carcaldi, at the Blue Note, a gay bar in Asbury Park, N.J., in 1964. 

“I walked in the bar with friends from New York City,” recalled Carcaldi. “I looked at the piano and this person was singing … and all I noticed were his blue eyes.”

Walsh was singing “Because of You.”

“I walked up to the piano while Tom was singing and stared at him, which caused him to forget the words,” said Carcaldi. “He composed himself and started from the beginning.”

Carcaldi and Walsh became a couple in 1965, a year after they met, when they moved to Philadelphia.

“We moved in together and have been together ever since,” said Carcaldi.

Walsh was a freelance graphic designer until he accepted a job in Temple University’s audiovisual department. Walsh and Carcaldi moved to D.C. in 1980.

Walsh began a graphic design business and counted Booz Allen as among his clients. Carcaldi said one of his husband’s “main loves was painting,” and became a fine artist in 2005.

Walsh showed his art at the Nevin Kelly Gallery on U Street, the Martha Spak Studio near the Wharf, and at the Wexler Gallery in Philadelphia.  Walsh also sang with the Gay Men’s Chorus of Washington.

Walsh and Carcaldi married at D.C. City Hall in 2014.

“Tom and I have been together since 1964 until his death,” said Carcaldi. “Tom died peacefully with me at his side in bed on May 16, 2025, holding Tom in my arms as he made the transition out of life.”

A celebration of life will take place in September.

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