National
Bisexuals: The neglected stepchild of the LGBTQ rights movement?
Activists say disparaging views from gays and straights are lessening, but bias continues
Bisexual rights advocates point out that a recent Gallup Poll using scientifically proven polling techniques shows that 58.2 percent of people in the U.S. who make up the LGBTQ community identify as bisexual.
And for many years, bi activists say, earlier polling data have shown that people who self-identify as bi have comprised close to 50 percent of the overall LGBTQ population.
Yet in spite of this, a half dozen prominent bisexual rights activists interviewed by the Washington Blade who have been involved in the LGBTQ movement for 20 years or longer say bisexuals for the most part have been neglected and treated in a disparaging way in the early years of the post-Stonewall LGBTQ rights movement.
Things began to improve in the past 15 years or so, but misconceptions and biased views of bisexuals among lesbians and gays as well as in the heterosexual world continue to this day, according to bisexual rights advocates.
These advocates point to the one major stigma they have had to endure for years—the belief that they cannot make up their minds or they are hiding the fact that they are gay men or lesbian women.
“For the record, I state that bisexuality is not a counterfeit behavior or a phase,” said longtime bisexual rights advocate Cliff Arnesen in a statement to the Blade. “It is a true sexual orientation of physical and emotional attraction to both genders,” he said. “I believe some of the apprehension to a person’s bisexual orientation lies within the mindset of people who oppose the concept of bisexual people having ‘heterosexual privilege,’” Arnesen says in his statement.
Arnesen, 74, a resident of Canton, Mass., is a U.S. Army veteran and has also been an advocate for military veterans, both LGBTQ and straight. He says one of the highlights of his many years of activism took place May 3, 1989, when he became the first known openly bisexual veteran in U.S. history to testify before a committee of the U.S. Congress on behalf of LGBTQ and heterosexual veterans.
Among the issues he discussed in his testimony, Arnesen says, were HIV/AIDS, post-traumatic stress disorder, homelessness, gays in the military, and the then Uniformed Code of Military Justice sodomy law impacting LGBTQ people in the military.
He also told the Subcommittee on Oversight and Investigations of the U.S. House Committee on Veterans Affairs in his 1989 testimony about efforts by him and other LGBT veterans to advocate for the upgrade of less-than-honorable discharges of people in the military based on their sexual orientation.
“Bisexual people have always made enormous contributions of benefit to the larger gay community,” Arneson told the Blade. “Yet historically we are marginalized by many in both the gay community and society,” he said.
“To counter that marginalization, we bisexual people must use the ‘key of visibility’ to enlighten and educate the masses as regards to their preconceived misconceptions of bisexuality.”
Arnesen is among at least five other elder U.S. bisexual rights advocates who told the Blade they are seeing positive changes in recent years for bisexuals, including among the national LGBTQ organizations that, according to these activists, ignored the ‘bi’ in the movement for far too long.
Among them are longtime D.C. residents Loraine Hutchins, who co-founded the organizations BiNet USA and the Alliance of Multicultural Bisexuals, and A. Billy S. Jones-Hennin, who in 1978 helped launch the National Coalition of Black Gays, the nation’s first advocacy organization for African-American lesbians and gay men.
Jones-Hennin is also credited with helping to organize one year later the first national March on Washington for Lesbian and Gay Rights in 1979. During the same weekend of the march, he helped to convene what observers call an historic National Third World (People of Color) LGBTQ Conference at D.C.’s Howard University.
Hutchins, co-editor of the acclaimed 1991 book, “Bi Any Other Name: Bisexual People Speak Out,” holds a doctorate in cultural studies and has taught sexuality and gender and women’s studies at Montgomery College and Towson University in Maryland.
Hutchins is now retired and lives in a retirement community in Montgomery County, Md. She told the Blade she has seen some positive changes in recent years within the overall LGBTQ rights movement and LGBTQ rights organizations toward bisexuals. She notes that the National LGBTQ Task Force’s current executive director, Kierra Johnson, identifies as bisexual.
The Task Force and the Human Rights Campaign, the nation’s largest LGBTQ rights advocacy organization, “have gotten much stronger on understanding bi advocacy or bi education,” Hutchins said.
But despite this, she said, she doesn’t see sufficient advances regarding the needs of bisexual people being fully taken up at the federal policy-making level, including in the administration of President Joe Biden, even though she sees the Biden administration as being better than previous administrations on bisexual issues.
BiPlus Organizing U.S., a national coalition of bisexual rights organizations, reports on its website that bisexual advocates held “three important convenings with the White House” during the Obama administration in 2013, 2015, and 2016. It says a small group of bi activists met with White House officials and officials with the U.S. Department of Health and Human Services in 2022 under the Biden administration during Bisexual Awareness Week.
Fiona Dawson, one of the co-founders of BiPlus Organizing U.S., said the meeting between bi advocates and the Biden administration officials took place at the Department of Health and Human Services offices rather than at the White House.
Dawson, who is from the United Kingdom and now works as a filmmaker based in Austin said the meeting was productive but she and other bi activists would like the Biden White House to hold an official White House reception for the bi community like the reception it holds for the full LGBTQ community.
“We want more bi organizations to contact us,” Dawson said in describing the work of BiPlus Organizing U.S. “I estimate that there are at least 20 bi organizations nationwide,” she said, with most of the groups being locally based. “I see change coming,” she added, saying the younger generation of LGBTQ people, including bisexuals, are becoming more supportive of bi rights.
Many bisexuals now identify as ‘bi-plus’
Jones-Hennin, who attended the first White House meeting with bisexual rights advocates during the Obama administration, said the lack of information about bisexuality in the media and from gay rights groups going back to the 1970s played a role in his own coming out process as a bisexual man.
“I started as straight and then as a gay man,” Jones-Hennin recalls. “I at first did not buy into the idea of being bi,” he said. “Bisexuals have been erased and to a certain degree that’s still happening. We need more visibility of bi,” he said.
Jones-Hennin said he and his husband, who spend part of each year in their homes in Mexico and in D.C., now proudly identify as bi plus.
His reference to the term bi-plus or bi+ is part of the definition of bisexuality that bi rights advocates have been using to be inclusive of those who identify as pansexual as well as those who are both transgender and bisexual.
“Bi+ people may use many terms to describe their own sexual identities, including queer, pansexual, omnisexual, polysexual, and heteroflexible,” according to T.J. Jourian, Ph.D., and author of a January 2022 article on bisexuality for the publication Best Colleges.
In his article, Jourian quotes Massachusetts-based longtime bisexual rights advocate and author Robyn Ochs as providing her own interpretation of being bi.
“I call myself bisexual because I acknowledge that I have in myself the potential to be attracted – romantically and/or sexually – to people of more than one sex and/or gender, not necessarily at the same time, not necessarily in the same way, and not necessarily to the same degree,” Ochs says in a statement.
Bisexuals more likely to have mental health problems: study
Hutchins, meanwhile, points to a report released on June 13 by the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA) that shows that adults who identify as lesbian, gay, and bisexual are more likely to have mental health problems than their straight counterparts. But the study also shows that people who identify as bisexual have a higher rate of mental health problems, including suicidal ideation, than gays and lesbians.
LaNail Plummer, a mental health therapist and licensed professional counselor who serves as CEO and clinical director of the D.C.-based Onyx Therapy Group, said she has seen from her therapy and counseling practice that the mental health issues faced by bisexual people are often the result of discrimination and negative treatment they receive from both the heterosexual community and from gays and lesbians.
Plummer, who herself identifies as bisexual, told the Blade in a phone interview that bisexuals often go through a coming out process that’s more complicated and involves less peer support than the coming out process for gay men and lesbians.
“There’s a lot of people who are bisexual in a world that seems to be centered around polarity,” Plummer said. “It is complicated for bisexual folks because bisexual folks can and will likely date people of the opposite sex at different times,” she said, requiring to some degree that they must “come out” in a same-sex relationship and later in an opposite-sex relationship.
Bisexual people face additional “stressors,” Plummer said, when they are in a relationship with a partner of the same sex because that partner sometimes manifests fear that their bi partner will leave them for someone of the opposite sex.
“I have a person I know who identifies as bisexual and she has a wife,” Plummer told the Blade. “And every time the person that I know goes out, the wife, who identifies as lesbian, gives her a really hard time, by asking are you going to be with a man today? What happens if a man comes up and talks to you? How are you going to respond to them?”
That type of dynamic, according to Plummer, often prompts bisexual people to go back into the closet and withhold their identity as bi to someone they are dating or in a relationship with who may be of the same sex or the opposite sex.
Plummer and bisexual rights advocates say this type of stress placed on bi people is usually based on misconceptions and bias against bisexuality that bi advocates say they hope will continue to decline with improved education and understanding of bisexuals.
Elder activists hopeful that bias is declining
Ochs told the Blade in an interview that she has been an activist in support of LGBTQ and bisexual equality for more than 40 years, with a focus on issues of concern to bisexuals.
“And I would say the first 30 of those years I felt we were beating our heads against a stone wall,” she said in describing efforts to advance bisexual rights. “It was so frustrating. I saw little progress. I felt like we were having the same conversations over and over and over,” she said.
“We continued to be ignored in all sorts of media, both mainstream media and LGBTQ media,” she recounted. “It would have been inconceivable up to about a decade ago for an out bisexual person to have ever been appointed as head of any national LGBTQ organization,” she said.
“So, that’s the background. The good part is that’s no longer true,” Ochs said. “There is much more cultural representation now with musicians, politicians and public figures coming out as bisexual and pansexual.”
She pointed to the two prominent national LGBTQ organizations that currently have top leaders who identify as bi+. The two are Kiera Johnson, executive director of the National LGBTQ Task Force, and Erin Uritus, CEO of the national LGBTQ group Out & Equal.
Another longtime bi advocate currently based in San Francisco, Lani Ka’ahumanu, is widely recognized as a leader in national social justice movements, including Native American, feminist, anti-war, and LGBTQ and bisexual rights movements. She is also an acclaimed author and poet whose writings appear in 20 books, including the book she co-edited with Loraine Hutchins, “Bi Any Other Name: Bisexual People Speak Out.”
Her online biography says Ka’ahumanu, like other bi activists, evolved from a suburban housewife in a heterosexual marriage with children in the 1960s and an amicable divorce with her husband before she came out as a lesbian.
“I was a lesbian for four years in the ‘70s,” she told the Blade in a phone interview. “And then I fell in love with a bisexual man and came out in 1980 as bi,” she said, adding that she continued, sometimes despite fellow activists who were skeptical about bisexuality, in her involvement in the feminist and LGBTQ rights movements.
She became the first known out bisexual to serve on the board of directors of a national LGBTQ rights organization in 2000, when she was appointed to the board of the National LGBTQ Task Force, where she served until 2007.
Ka’ahumanu agrees with other bi rights advocates that things have improved in recent years for the bisexual community in the political and social landscape. But she said she was startled earlier this year when expressions of bias toward bisexuals surfaced, of all places, at the National LGBTQ Task Force’s annual Creating Change Conference held in San Francisco last February.
In her role as an elder and mentor to young bi activists, she said, she attended one of the conference’s bisexual workshops. “And hearing what some people said, it was the same stories from the ‘80s and 90s,” she recounted. “You know, you need to make up your mind. People were still being trashed for being bisexual within the lesbian and gay community,” said Ka’ahumanu.
“And that part kind of threw me,” she recounted. “I said, are we still in this place of being invisible?” she asked. “A lot of people still can’t step outside of that either or thing.”
Ka’ahumanu made it clear that most of the other sessions of the Creating Change Conference, which marked the beginning of the Task Force’s 50th anniversary, appeared supportive of the LGBTQ organization’s progressive and supportive views and policies on LGBTQ issues.
Shoshana Goldberg, Public Education and Research Director for the Human Rights Campaign, the nation’s largest LGBTQ political advocacy organization, said that like the LGBTQ community as a whole, recent developments have been “mixed” for bisexuals in the U.S.
“Bisexuals, particularly bisexual women of color, consistently earn less than the average American worker, and even less than their LGBTQ+ peers,” Goldberg said in a statement. “Many of the health disparities seen between LGBTQ+ and cis/het folks are magnified for bisexual people, and bisexuals continue to face biphobia from both straight and queer communities, and bi-erasure from all sectors of daily life,” Goldberg stated.
HRC official Rebecca Hershey, who works on diversity and inclusion issues, said HRC has been addressing issues of concern to the bisexual community through, among other things, its LGBTQ Coming Out Guides, which offer information to “dispel myths and address stereotypes about bisexuality.”
HRC also supports the annual Bisexual Health Awareness Month and in 2019 released its Bi+ youth report, which analyzed a survey HRC conducted of close to 9,000 teens to “help shed light” on the experiences of bi+ youth nationwide.
Bi rights advocates say the national LGBTQ organization GLAAD, which focuses on improving fairness in media and entertainment industry portrayals of LGBTQ people, has also acted as a strong advocate for bisexuals. In the 11th edition of its Media Reference Guide, GLAAD includes a detailed write-up on how the news and entertainment media should report on or portray bisexual people.
“By being more cognizant of the realities facing bisexual people and the community’s many diversities, and by fairly and accurately reporting on people who are bisexual, the media can help eliminate some of the misconceptions and damaging stereotypes bisexual people face on a daily basis,” GLAAD’s Media Reference Guide states.
Arnesen, the elder bisexual rights advocate who his bi colleagues refer to as an icon in the bi movement, sums up his sentiment as a bisexual advocate in his statement to the Blade.
“As a Bisexual human being, I am mindful that I stand upon the shoulders of the innumerable and courageous GLBT+ pioneers and advocates for ‘equality’ who came before me,” he wrote. “Fate just happened to put me in the right place, at the right time to advocate for ‘equality’ on behalf of my bisexual brothers and sisters; and our country’s GLBT and Heterosexual veterans of the U.S. Armed Forces,” he states.
“Today, the love of my life of 33 years is a heterosexual woman named Claudia, whom I love with all my heart and soul,” he says. “As a bisexual person I have been doubly blessed to know the love of both men and women during my life’s journey, and I cherish those memories within my heart.”
Additional information about bisexual rights issues and the state of the bi movement can be accessed through BiPlus Organizing US and its member organizations:
• BiPlus Organizing US
• Bisexual Resource Center, biresource.org
• Bisexual Organizing Project
• Los Angeles Bi+ Task Force, labitaskforce.org
• Bi Women Quarterly, BiWomenQuarterly.com
Federal Government
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership
After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.
U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.
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