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Supreme Court to decide if web designer can turn away LGBTQ couples

Case could redraw lines of First Amendment

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Supreme Court, gay news, Washington Blade
The U.S. Supreme Court has agreed to take up a case on whether a web designer can turn away LGBTQ couples for wedding services. (Blade file photo by Michael Key)

In a move that pits laws against LGBTQ discrimination against freedom of speech under the First Amendment, the U.S. Supreme Court agreed on Tuesday to take up a case of a Christian web designer in Colorado who seeks to refuse to work with same-sex couples despite a state law requiring her to open to LGBTQ customers.

An orders list issued Tuesday lists the petition in 303 Creative v. Elenis, brought by Lorie Smith, as among the cases for which the Supreme Court has granted a writ of certiorari, or agreed to review. Although the vote tally isn’t included in the order the move would be consistent with expectations for the conservative 6-3 court after former President Trump remade the judiciary with the addition of U.S. Associate Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

The case bears similarities, and even originates from the same state, as a case brought by Jack Phillips, owner of Masterpiece Cakeshop, who refused to make a custom-made wedding cake for a same-sex couple based on religious objections despite requirements under Colorado law. The Supreme Court, however, issued a narrow decision based on the particular facts of that case that stopped short of a far-reaching carve-out for civil rights laws.

Alliance Defending Freedom, the anti-LGBTQ legal firm that also represented Phillips before the Supreme Court, is representing Smith in her case and in the petition seeking review argued Colorado law unfairly targets her for her religious beliefs.

“Lorie Smith faces real and imminent harm,” the petition says. “Five years after leaving her corporate position to open her own website-design business, she remains in limbo, unable to offer her design services for marriage celebrations—prohibited even from posting a statement about her marriage beliefs—and losing income.”

Smith filed the petition before the Supreme Court after the U.S. Tenth Circuit Court of Appeals ruled against her last year, concluding in the decision “grave harms caused when public accommodations discriminate on the basis of race, religion, sex or sexual orientation.” The court found Colorado non-discrimination law withstands scrutiny under judicial review and is a generally applicable law that isn’t constitutionally vague or overly broad.

No same-sex couple as of now has alleged 303 Creative Services has denied them services because the company has yet to engage in wedding-related services over concerns over Colorado law. Per the decision from the Tenth Circuit, Smith is seeking to post a statement on its website stating the company “will not be able to create websites for same-sex marriages or any other marriage that is not between one man and one woman.”

With the Supreme Court term ending in June, it’s unlikely the high court would be able to schedule briefs and oral arguments before the justices adjourn for the summer, when U.S. Associate Justice Stephen Breyer has announced he would step down. It would then fall to whomever Biden has named as a replacement for Breyer to weigh in as one of the nine justices on the court. Biden has said he would name a Black woman for the role and Ketanji Brown Jackson, J. Michelle Childs and Leondra Kruger are the names most mentioned. A White House announcement could come as soon as this week.

The case will be a test of the breadth of the First Amendment, to which the Supreme Court has previously given substantial deference under legal precedent. For example, the Supreme Court determined in 1977 the state of New Hampshire couldn’t require residents to display the state motto on their license plates over objections to the messages.

Although the petition to the Supreme Court presented the question of whether it should overturn the 1990 decision in Employment Decision v. Smith, which determined states are able to enforce general applicable laws over objections based on freedom of religion, the court only took up the case on freedom of speech claims. It’s unlikely to address Smith.

Jennifer Pizer, senior counsel for the LGBTQ group Lambda Legal, said in a statement the Supreme Court should use the opportunity to deliver a ruling upholding the principles of non-discrimination laws and “reaffirm and apply longstanding constitutional precedent that our freedoms of religion and speech are not a license to discriminate when operating a business.”

“The constitutional protections for religious freedom and free speech were never intended as weapons of discrimination for those doing business with the general public,” Pizer said. “More than fifty years ago, the U.S. Supreme Court firmly condemned use of personal freedoms to excuse businesses’ discrimination. But the justices’ decision in Masterpiece Cakeshop lacked that clarity and invited discrimination. The Court can and should clear up that confusion by upholding the well-reasoned decision of the Tenth Circuit.”

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Tennessee

Charlie Kirk Act advances in Tenn.

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

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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.

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Demonstrators disrupt OMB director hearing over PEPFAR

Capitol Police arrested five protesters

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Office of Management and Budget Directer Russell Vought, seated on right, attends a House Budget Committee hearing on April 15, 2026. (Washington Blade photo by Michael Key)

A group of protesters interrupted Office of Management and Budget Director Russell Vought during his testimony before Congress on Wednesday.

Vought was at the Cannon House Office Building to give testimony to the House Budget Committee.

Committee Chair Jodey Arrington (R-Texas) began the hearing by touting what he described as economic accomplishments of the Trump-Vance administration’s economic accomplishments. Ranking Member Brendan Boyle (D-Pa.) disputed those claims in his opening statement.

Boyle went on to admonish Vought for not attending a committee hearing in the previous year.

Vought, the “Project 2025” architect, was invited to speak after Arrington and Boyle made their statements.

OMB Director Russell Vought testifies at the U.S. House Budget Committee on April 15, 2026. (Washington Blade photo by Michael Key)

Shortly after Vought began reading his statement, Housing Works CEO Charles King stood up in the gallery and began shouting, “PEPFAR saves lives: spend the money!”

The U.S. Capitol Police moved quickly to escort King from the room. Other activists began chanting with King as they unfolded signs bearing a picture of Vought’s face and statements such as, “Vought’s cuts kill people with AIDS,” and “Protect PEPFAR from Vought.”

The group of HIV/AIDS activists included independent activists, former U.S. Agency for International Development and PEPFAR staff, members of Health GAP, Housing Works, and the Treatment Action Group. Six activists were escorted from the hearing and the U.S. Capitol Police detained five of them.

Housing Works CEO Charles King is escorted from House Budget Committee budget hearing by the U.S. Capitol Police on April 15, 2026. (Washington Blade photo by Michael Key)

The HIV/AIDS treatment activists protested at the hearing in response to the dismantling of global health programs, including PEPFAR, a federally-funded program credited with saving millions of lives from HIV/AIDS, particularly in sub-Saharan Africa.

“Russell Vought is directly responsible for illegally withholding Congressionally appropriated funds for PEPFAR and related global health initiative,” King said in a statement provided to the Washington Blade. “These funding disruptions have already contributed to preventable deaths and threaten to reverse decades of progress in the fight against HIV worldwide. Enough is enough. Congress must ensure Vought stops this deadly sabotage.”

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HIV/AIDS group NMAC is ‘destabilized’ and in financial crisis: sources

Organization disputes allegations of mismanagement by new CEO

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NMAC CEO Harold Phillips (Blade file photo by Michael Key)

A statement sent to the Washington Blade by an anonymous source claiming to be a current staff member at NMAC, formerly known as the National Minority AIDS Council, alleges that the prominent HIV/AIDS advocacy organization is facing “a rapid and systemic collapse of leadership, governance, and ethical standards.”   

The three-page detailed statement sent on April 4 by someone identifying himself only as “John Doe” includes multiple specific allegations that NMAC CEO Harold Phillips, who began his position in October 2025, “has destabilized the organization at every level,” including hiring nine new high-level appointees with salaries of $220,000 each who are performing “duplicative and unjustifiable roles.”

The Blade was able to corroborate some of the allegations by talking to two other knowledgable sources who spoke on condition of anonymity. Those sources said they had received the John Doe statement and believed many, if not most, of its allegations were accurate.

With a total staff of about 30 to 35 employees, the John Doe statement claims the high salaries of the nine new staff members have added to financial problems NMAC has been facing in recent years. It says that at least two NMAC staffers who raised concerns about Phillips’s actions were terminated on grounds of insubordination.

One of the two anonymous sources who spoke to the Blade said one of the dismissed staff members was considering filing a lawsuit against NMAC in response to the firing.  

“An external firm was recently brought in to assess the organizational health,” the John Doe statement to the Blade says. “The findings were staggering — more than 50% of staff reported they are actively seeking employment elsewhere,” it says. 

The Blade sent the John Doe statement to NMAC this week and asked for a response to the allegations.

NMAC spokesperson Jennifer Moore Phillips, who serves as chief strategy officer and who is not related to Harold Phillips, sent the Blade a short statement calling the John Doe allegations “false and purposefully misleading,” but which did not comment on each of the specific allegations.

“A recent anonymous letter containing unfounded allegations about NMAC makes claims that are simply false and purposefully misleading,” the NMAC statement says. “Evidenced by our new strategic plan and recent successful Biomedical HIV Prevention Summit in Chicago, NMAC’s new leadership is laser focused on delivering on our mission serving the HIV community with renewed energy and vision,” the statement concludes.

The Biomedical HIV Prevention Summit referred to in the statement, which took place in Chicago April 8-10 of this year, is one of the two largest HIV/AIDS related conferences that NMAC organizes each year. Jennifer Phillips said more than 1,400 people attended the event.

The largest NMAC event, the United States Conference on HIV/AIDS, the most recent of which was held in D.C. Sept. 4-7, drew more than 2,400 participants and was hailed by AIDS activists as a highly successful gathering of a diverse group of experts seeking to push for the end to the HIV/AIDS epidemic.

One of the keynote speakers at that conference was Paul Kawata, who served as executive director and CEO of NMAC for 36 years and who delivered his farewell address at the conference following the announcement that he would retire on Oct. 7, 2025.

Many of the conference speakers praised Kawata, who became NMAC’s leader two years after its founding in 1987, as the leading force behind its growth and evolution into one of the nation’s leading HIV/AIDS advocacy organizations with a special outreach to people of color.   

It was at that time that Harold Phillips, who served as director of the White House Office of AIDS Policy under then-President Joe Biden and who later joined NMAC as deputy director before the NMAC board named him Kawata’s successor as CEO, emerged as NMAC’s next leader.

“The Board has exuberantly elected Harold Phillips as our new CEO,” said Lance Toma, chair of the NMAC Board of Directors at the time Phillips’s appointment was announced. “In this unprecedented moment, there is no one more strategically positioned and experienced to lead our movement through what we know will be some of the most tumultuous and complicated times ahead,” the statement said.

The John Doe statement raising questions about Phillips’s actions and leadership says NMAC staff members formally appealed to the board of directors to intervene.

 “The Board has remained silent, while Harold arrogantly told the staff that ‘the board has my back,’” the statement says.

The Blade has also attempted to reach out to Kawata by email for comment on how he feels NMAC is doing six months after his retirement. As of April 14, Kawata had not responded to the Blade’s inquiry.

According to the John Doe statement, NMAC officials have recently “sought external financial rescue,” including a visit by an NMAC official to California to request assistance from the pharmaceutical company Gilead Sciences. “Without such intervention, layoffs seem imminent,” the statement says.

“This is not a functioning nonprofit,” the John Doe statement concludes. “It is an organization in crisis – bleeding resources, hemorrhaging staff, and operating without transparency, accountability, or governance,” it says, adding, “The communities NMAC serves, the donors who fund its mission, and the public at large deserve to know what is happening behind closed doors.”       

By contrast, the NMAC website describes the organization as a highly functioning nonprofit continuing to lead the fight against HIV/AIDS.

“Launched in 1987 during the early years of the HIV/AIDS crisis in the United States, NMAC is a national HIV organization that offers capacity building, leadership development, policy education, and public engagement to end the HIV epidemic among communities most impacted in the United States,” a statement on the NMAC website says.

“In 2026, we mark 45 years of the HIV movement,” the statement adds. “NMAC continues to pivot to center the needs of people of color impacted by HIV by responding to political challenges that threaten federal funding and programs that have provided an essential survival safety net,” it says. “Simultaneously, as HIV treatment allows people to age with HIV, our whole-person approach extends to achieving optimal quality of life beyond attaining viral suppression.”

 In its most recent action, NMAC issued a detailed press release on April 14 criticizing President Donald Trump’s proposed fiscal year 2027 budget provisions that call for cutting more than $1.5 billion in HIV prevention, substance use, housing and other programs. The release provides details on how the cuts would negatively impact important HIV prevention programs and urges Congress to reject the proposed cuts. 

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