National
Victory Institute executive director speaks about movement response to Trump 2.0
Advocacy groups will lead efforts to push back against anti-LGBTQ administration
President Donald Trump’s issuance of a series of executive orders targeting transgender rights and LGBTQ-inclusive diversity programs on the first day of his second term was a clear signal of the new administration’s appetite for going after queer and gender diverse people.
The Jan. 20 directives also brought into focus the extent to which organizations in the LGBTQ movement, particularly those whose work includes impact litigation, will be responsible for protecting the communities they serve from harmful and discriminatory laws and policies over the next four years.
At a critical time that is likely to test the limits of their capacity, these groups are facing challenges that could restrict their access to critical resources thanks in part to the conservative movement’s opposition to diversity, equity, and inclusion in both government and the private sector.
LGBTQ organizations expected federal funding for their work would dry up when the incoming administration took over, given that Trump and his allies made no secret of their plans to aggressively reshape the government including by ridding U.S. agencies of all DEI-related programs, policies, and activities.
Trump went even further, however, issuing orders to categorically freeze the disbursement of government funds tied to preexisting grants and contracts, while threatening investigations of private companies for “illegal” policies and practices related to DEI.
Partly in response to pressure from conservative leaders and activists, over the past couple of years companies have increasingly backed away from DEI efforts including, especially, support for LGBTQ communities and causes.
Coupled with the loss of federal funding, a decline in corporate giving to LGBTQ organizations could have devastating impacts on the communities they serve, potentially leading to cutbacks in programs and services core to their missions or imperiling their efforts to push back against a hostile regime.
“Continuing to fund our work is obviously top of mind for everyone right now,” Elliot Imse, executive director of the LGBTQ+ Victory Institute, told the Washington Blade during an interview last week.
The move by many private companies away from supporting LGBTQ equality has been surprising, Imse said, but “what we know is it’s a very uncertain environment for corporations right now, and they are feeling out these new realities.”
On the other hand, the moment also presents an opportunity to remind businesses that commitments to DEI are good for their bottom line while rewarding companies that resist pressure to abandon their LGBTQ customers, employees, and communities, Imse said.
“There’s a lot of courageous corporations out there, too, right now, a lot that are continuing to step up. And we need to be grateful; we need to be making purchasing decisions as a community with those corporations in mind. Every corporation that has reaffirmed its commitment to us, we need to go out and support them.”
“While Victory Institute — like all LGBTQ+ organizations — is concerned about the current fundraising environment, we have a programmatic plan in place that directly addresses the realities of what is happening across the country right now,” he said, with programs to support LGBTQ elected officials serving everywhere from small municipal offices to the most powerful positions in government.
A diverse pipeline of out leaders from diverse backgrounds is the best bulwark “against attacks on our equality and democratic backsliding,” Imse said. “We have a very robust programmatic plan for 2025 — and we need to execute on it at this critical moment.”
While the Victory Institute is currently looking for funding to support the organization’s international work to compensate for the loss of federal grants, Imse said the group plans to expand U.S.-based programs, maximizing their reach at a time when this work is especially critical.
“We’re going to be in more cities than ever before. We’re going to have a larger training presence than ever before, including our LGBTQ+ Public Leadership Summits, which are specifically designed to inspire and recruit LGBTQ+ people to run for office. It is essential folks reject the demoralization of the current moment and that we have more boots on the ground to support those willing to step up and run.”
He added, “we are hopeful that we will be able to raise the money we need to carry these programs out, and we believe we can make the case to donors that these programs are an essential path forward.”
At the same time, Imse acknowledged that LGBTQ groups, including the Victory Institute, are in a difficult position at the moment and “we’ll absolutely have to adjust if we see a downturn in fundraising throughout the year.”
“it’s going to be an uphill battle, there’s no doubt about that. Like all other organizations, we’re going to watch the numbers and adjust as necessary,” he said, adding, “the people we have at our organization are what makes our organization strong — their expertise, their relationships, the networks that they’ve built.”
And while he said “making sure that we meet the moment is something that keeps me up at night,” Imse stressed that “figuring out how to balance the reality we are in versus optimism is something that is on everyone’s mind as you talk to LGBTQ+ community members, your staff, your funders” who recognize that “you must have hope, because if people back away from our equality at this moment, it’ll be much worse than even the situation we’re in right now.”
There is no shortage of good reasons to hold onto hope, Imse said. “Our movement has always thrived in moments of crisis. While we’d prefer no crisis, it refocuses us. It motivates us. And oftentimes leads to breakthroughs that we may not have had otherwise. It destroys complacency. It instills urgency.”
After Trump took office and the new Congress was sated with GOP majorities in both chambers, LGBTQ groups whose work includes lobbying or government relations understood their ability to influence policy at the federal level would be limited, at least until Democratic allies have the opportunity to retake control of the House in 2026.
The Victory Institute was especially well positioned to shift away from Washington, Imse said, because state legislatures, city councils, and school boards have always been the organization’s “bread and butter” and the elections for these positions “truly matter” even if they are less “high profile” than U.S. congressional races.
“When we’re talking about opportunities to make progress in the near future, opportunities to launch a successful offense and defense, it is in these legislative bodies,” he said. “And they arguably make more impact on individuals’ lives than the federal government does.”
Imse added this is especially true with regard to opportunities for legislative action to support LGBTQ Americans and defend their rights, which is unlikely to happen on Capitol Hill for a “long time.”
It is especially important now that LGBTQ communities and organizations support each other, he said.
LGBTQ movement groups, particularly those with international focus, “have been phenomenal in bringing us together and trying to find out what’s been done, keeping us up to date on potential litigation opportunities, as well as looking for funders that are willing to step up at this absolutely critical moment in our movement’s history,” Imse said.
“We also need our community to step up in terms of supporting these organizations,” he said, “financially through resources and capacity and giving their time, because that’s the only way we’re going to be able to move forward effectively.”
It is “important that our community members remain active, engaged, and involved, and that our LGBTQ+ media continues to ensure our stories are being told,” Imse said, adding, “Especially right now, this is an entire movement ecosystem that is working to make sure whatever backsliding is about to occur is not permanent.”
U.S. Supreme Court
Competing rallies draw hundreds to Supreme Court
Activists, politicians gather during oral arguments over trans youth participation in sports
Hundreds of supporters and opponents of trans rights gathered outside of the United States Supreme Court during oral arguments for Little v. Hecox and West Virginia v. B.P.J. on Tuesday. Two competing rallies were held next to each other, with politicians and opposing movement leaders at each.
“Trans rights are human rights!” proclaimed U.S. Sen. Ed Markey (D-Mass.) to the crowd of LGBTQ rights supporters. “I am here today because trans kids deserve more than to be debated on cable news. They deserve joy. They deserve support. They deserve to grow up knowing that their country has their back.”
“And I am here today because we have been down this hateful road before,” Markey continued. “We have seen time and time again what happens when the courts are asked to uphold discrimination. History eventually corrects those mistakes, but only after the real harm is done to human beings.”
View on Threads
U.S. Education Secretary Linda McMahon spoke at the other podium set up a few feet away surrounded by signs, “Two Sexes. One Truth.” and “Reality Matters. Biology Matters.”
“In just four years, the Biden administration reversed decades of progress,” said McMahon. “twisting the law to urge that sex is not defined by objective biological reality, but by subjective notion of gender identity. We’ve seen the consequences of the Biden administration’s advocacy of transgender agendas.”
U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, was introduced on the opposing podium during McMahon’s remarks.
“This court, whose building that we stand before this morning, did something quite remarkable six years ago.” Takano said. “It did the humanely decent thing, and legally correct thing. In the Bostock decision, the Supreme Court said that trans employees exist. It said that trans employees matter. It said that Title VII of the Civil Rights Act protects employees from discrimination based on sex, and that discrimination based on sex includes discrimination based on gender identity and sexual orientation. It recognizes that trans people have workplace rights and that their livelihoods cannot be denied to them, because of who they are as trans people.”
“Today, we ask this court to be consistent,” Takano continued. “If trans employees exist, surely trans teenagers exist. If trans teenagers exist, surely trans children exist. If trans employees have a right not to be discriminated against in the workplace, trans kids have a right to a free and equal education in school.”
Takano then turned and pointed his finger toward McMahon.
“Did you hear that, Secretary McMahon?” Takano addressed McMahon. “Trans kids have a right to a free and equal education! Restore the Office of Civil Rights! Did you hear me Secretary McMahon? You will not speak louder or speak over me or over these people.”
Both politicians continued their remarks from opposing podiums.
“I end with a message to trans youth who need to know that there are adults who reject the political weaponization of hate and bigotry,” Takano said. “To you, I say: you matter. You are not alone. Discrimination has no place in our schools. It has no place in our laws, and it has no place in America.”
U.S. Supreme Court
Supreme Court hears arguments in two critical cases on trans sports bans
Justices considered whether laws unconstitutional under Title IX.
The Supreme Court heard two cases today that could change how the Equal Protection Clause and Title IX are enforced.
The cases, Little v. Hecox and West Virginia v. B.P.J., ask the court to determine whether state laws blocking transgender girls from participating on girls’ teams at publicly funded schools violates the 14th Amendment’s Equal Protection Clause and Title IX. Once decided, the rulings could reshape how laws addressing sex discrimination are interpreted nationwide.
Chief Justice John Roberts raised questions about whether Bostock v. Clayton County — the landmark case holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or gender identity — applies in the context of athletics. He questioned whether transgender girls should be considered girls under the law, noting that they were assigned male at birth.
“I think the basic focus of the discussion up until now, which is, as I see it anyway, whether or not we should view your position as a challenge to the distinction between boys and girls on the basis of sex or whether or not you are perfectly comfortable with the distinction between boys and girls, you just want an exception to the biological definition of girls.”
“How we approach the situation of looking at it not as boys versus girls but whether or not there should be an exception with respect to the definition of girls,” Roberts added, suggesting the implications could extend beyond athletics. “That would — if we adopted that, that would have to apply across the board and not simply to the area of athletics.”
Justice Clarence Thomas echoed Roberts’ concerns, questioning how sex-based classifications function under Title IX and what would happen if Idaho’s ban were struck down.
“Does a — the justification for a classification as you have in Title IX, male/female sports, let’s take, for example, an individual male who is not a good athlete, say, a lousy tennis player, and does not make the women’s — and wants to try out for the women’s tennis team, and he said there is no way I’m better than the women’s tennis players. How is that different from what you’re being required to do here?”
Justice Samuel Alito addressed what many in the courtroom seemed reluctant to state directly: the legal definition of sex.
“Under Title IX, what does the term ‘sex’ mean?” Alito asked Principal Deputy Solicitor General Hashim Mooppan, who was arguing in support of Idaho’s law. Mooppan maintained that sex should be defined at birth.
“We think it’s properly interpreted pursuant to its ordinary traditional definition of biological sex and think probably given the time it was enacted, reproductive biology is probably the best way of understanding that,” Mooppan said.
Justice Sonia Sotomayor pushed back, questioning how that definition did not amount to sex discrimination against Lindsay Hecox under Idaho law. If Hecox’s sex is legally defined as male, Sotomayor argued, the exclusion still creates discrimination.
“It’s still an exception,” Sotomayor said. “It’s a subclass of people who are covered by the law and others are not.”
Justice Elena Kagan highlighted the broader implications of the cases, asking whether a ruling for the states would impose a single definition of sex on the 23 states that currently have different laws and standards. The parties acknowledged that scientific research does not yet offer a clear consensus on sex.
“I think the one thing we definitely want to have is complete findings. So that’s why we really were urging to have a full record developed before there were a final judgment of scientific uncertainty,” said Kathleen Harnett, Hecox’s legal representative. “Maybe on a later record, that would come out differently — but I don’t think that—”
“Just play it out a little bit, if there were scientific uncertainty,” Kagan responded.
Justice Brett Kavanaugh focused on the impact such policies could have on cisgender girls, arguing that allowing transgender girls to compete could undermine Title IX’s original purpose.
“For the individual girl who does not make the team or doesn’t get on the stand for the medal or doesn’t make all league, there’s a — there’s a harm there,” Kavanaugh said. “I think we can’t sweep that aside.”
Justice Amy Coney Barrett questioned whether Idaho’s law discriminated based on transgender status or sex.
“Since trans boys can play on boys’ teams, how would we say this discriminates on the basis of transgender status when its effect really only runs towards trans girls and not trans boys?”
Harnett responded, “I think that might be relevant to a, for example, animus point, right, that we’re not a complete exclusion of transgender people. There was an exclusion of transgender women.”
Justice Ketanji Brown Jackson challenged the notion that explicitly excluding transgender people was not discrimination.
“I guess I’m struggling to understand how you can say that this law doesn’t discriminate on the basis of transgender status. The law expressly aims to ensure that transgender women can’t play on women’s sports teams… it treats transgender women different than — than cis-women, doesn’t it?”
Idaho Solicitor General Alan Hurst urged the court to uphold his state’s ban, arguing that allowing participation based on gender identity — regardless of medical intervention — would deny opportunities to girls protected under federal law.
Hurst emphasized that biological “sex is what matters in sports,” not gender identity, citing scientific evidence that people assigned male at birth are predisposed to athletic advantages.
Joshua Block, representing B.P.J., was asked whether a ruling in their favor would redefine sex under federal law.
“I don’t think the purpose of Title IX is to have an accurate definition of sex,” Block said. “I think the purpose is to make sure sex isn’t being used to deny opportunities.”
Becky Pepper-Jackson, identified as plaintiff B.P.J., the 15-year-old also spoke out.
“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” said Pepper-Jackson. “And all I’ve ever wanted was the same opportunities as my peers. But in 2021, politicians in my state passed a law banning me — the only transgender student athlete in the entire state — from playing as who I really am. This is unfair to me and every transgender kid who just wants the freedom to be themselves.”
Outside the court, advocates echoed those concerns as the justices deliberated.
“Becky simply wants to be with her teammates on the track and field team, to experience the camaraderie and many documented benefits of participating in team sports,” said Sasha Buchert, counsel and Nonbinary & Transgender Rights Project director at Lambda Legal. “It has been amply proven that participating in team sports equips youth with a myriad of skills — in leadership, teamwork, confidence, and health. On the other hand, denying a student the ability to participate is not only discriminatory but harmful to a student’s self-esteem, sending a message that they are not good enough and deserve to be excluded. That is the argument we made today and that we hope resonated with the justices of the Supreme Court.”
“This case is about the ability of transgender youth like Becky to participate in our schools and communities,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “School athletics are fundamentally educational programs, but West Virginia’s law completely excluded Becky from her school’s entire athletic program even when there is no connection to alleged concerns about fairness or safety. As the lower court recognized, forcing Becky to either give up sports or play on the boys’ team — in contradiction of who she is at school, at home, and across her life — is really no choice at all. We are glad to stand with her and her family to defend her rights, and the rights of every young person, to be included as a member of their school community, at the Supreme Court.”
The Supreme Court is expected to issue rulings in both cases by the end of June.
U.S. Supreme Court
As Supreme Court weighs trans sports bans, advocate and former athlete speaks out
PFLAG staffer Diego Sanchez competed at University of Georgia in 1970s
The U.S. Supreme Court will hear two cases Tuesday addressing the legality of banning transgender women and girls from participating in sports under the 14th Amendment.
Though the two cases differ slightly in their fact patterns, they ultimately pose the same constitutional question: whether laws that limit participation in women’s sports to only cisgender women and girls violate the Equal Protection Clause of the 14th Amendment.
In both cases — Little v. Hecox and West Virginia v. B.P.J. — trans girls filed lawsuits against their respective states, Idaho and West Virginia, arguing that the bans violate their right to equal protection under the law by subjecting them to different standards than cisgender girls.
Lindsay Hecox, now 24, filed her lawsuit in 2020 while attending Boise State University. That same year, Idaho enacted the “Fairness in Women’s Sports Act,” which barred trans women from participating in any sport in public schools, from kindergarten through college. Although Hecox underwent hormone therapy that significantly lowered her testosterone levels, she was still excluded under the law when she attempted to try out for the women’s track and cross-country teams.
The second case centers on B.P.J., a 15-year-old trans girl who has identified as female since third grade and has been on puberty blockers since the onset of puberty. In 2021, West Virginia enacted the “Save Women’s Sports Act,” which requires sports teams to be designated by “biological sex” rather than gender identity. B.P.J.’s mother filed suit on her behalf after her daughter was barred from participating on her school’s girls’ cross-country and track teams.
A key distinction between the two cases is that attorneys for B.P.J. have argued that because puberty blockers were part of her development, her body is more aligned with that of a cisgender girl than a cisgender boy. Despite these differences, both cases raise the same constitutional issue: whether it is lawful to bar someone from participation in sports based on sex assigned at birth.
The Washington Blade spoke with PFLAG Vice President of Policy and Government Affairs Diego Sanchez.
Sanchez is a trans elder with firsthand experience as a college athlete at the University of Georgia and later became the first openly trans legislative staff member on Capitol Hill.
His dual experience — as a former athlete and a longtime policy expert deeply familiar with constitutional law — gives him a unique perspective on the questions now before the Supreme Court. Sanchez will also be one of the featured speakers at a rally on the steps of the court as the justices hear arguments.
When asked how attitudes toward trans athletes differ from when he competed at the University of Georgia from 1976-1980 to today — when 27 states have passed laws restricting trans participation in sports — Sanchez said the contrast is stark.
“I had the good experience of being supported by my teammates and my coach,” Sanchez said. “The thing that’s so different today is that these [trans] kids are able to go home and get kisses and hugs from their parents, being lauded in the stands by their families, and then being told that who they are doesn’t necessarily fit with who they’re allowed to be in their expression at the moment, and that to me, seems a terrible injustice.”
Sanchez emphasized that sports offer lessons that extend far beyond competition.
“When you’re an athlete, you learn an awful lot of things about life,” he said. “You learn about leadership, but you also learn that your best effort becomes part of a team effort … how you feel as an individual contributor is affected by what ends up being part of how you live your life as an adult.”
After his time as an athlete, Sanchez began working in government, eventually serving as senior policy advisor to then-U.S. Rep. Barney Frank (D-Mass.) until Frank’s retirement in 2013. Sanchez said that one of the most important aspects of his role was simply being visible as a trans person in spaces where many lawmakers had never knowingly met one before.
“My job was to make sure that no one, no legislator, could say that they had never met a trans person,” Sanchez said.
Sanchez also addressed the broader implications the Supreme Court’s decision could have on how gender is treated within institutional systems.
“I don’t think it affects how people perceive their own gender or express their own gender, but I do think that it could create barriers if it doesn’t welcome the way that community and society actually are,” he said. “The most important thing for people to know … is to remember that every person is an individual, and that the right to contribute to society should be something that is supported by the government, not hindered.”
He added that the court’s role must be understood within the framework of checks and balances established by the Constitution.
“The risk, of course, here is always remembering that we have three branches of government, so that this action by the judiciary branch may or may not have implications on whether or how things can be perceived or executed at other branches,” Sanchez said. “I would hope that our government is interested in letting the future generations and current generations be the best that they can be as well.”
“Do people get to live their lives as they are, or is the government an obstruction or a support?”
When asked what message he would share with young trans athletes watching the Supreme Court take up these cases, Sanchez said community support remains critical, regardless of how the justices rule.
“Make sure that the environment that you put yourself in is something that honors who you know you are and supports you becoming the best person you can be, and that anything that takes away from that is purely dissonance,” he said.
“What we do with dissonance is what distinguishes us as whether we excel or doubt.”
That same sense of community, Sanchez said, is what rallies — like the one planned outside the Supreme Court — are meant to reinforce, even as decisions are made inside the building.
“Rallies, including tomorrow’s, are about people knowing they’re not alone, and hearing from other people who support who they are,” he said. “There is support across the country … I wish that I had had someone my age now that I could have looked to, but I am the role model, but I didn’t have any.”
Looking ahead to the possibility that the court could uphold bans on trans athletes, Sanchez said the immediate challenge will be ensuring that families and communities continue to affirm trans youth amid legal uncertainty.
“Having the endorsement of being supported who you are, it helps you so much,” he said. “You cannot put the issue of rights back into the genie’s bottle once people experience what freedom and welcoming is.”
For Sanchez, whose life has spanned decades of change in both sports and government, the cases before the Supreme Court represent a pivotal moment — not just legally, but culturally.
“Living your life, for me, does not require bravery,” he said. “It’s just taking one step and then another.”
Rise of Chalamet continues in ‘Marty Supreme’
Zach Wahls stood up for us, now let’s stand with him
Grenell: ‘Real hope’ for gay rights in Iran as result of nationwide protests
Rollback of health IT standards will harm LGBTQ patients
Mark Levine loses race to succeed Adam Ebbin in ‘firehouse’ Democratic primary
PHOTOS: ‘ICE Out For Good’
Ford’s ‘First Look’ festival showcases three new productions
Mid-Atlantic Leather kicks off this week
Stress-free lease renewals during winter months
