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Gay cancer patient struggles to bring partner to U.S.

White House, immigration officials mum on case

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Roi Whaley, right, and Aurelio Tolentino are seeking a special waiver from the U.S. government so the bi-national couple can be together. Whaley suffers from terminal cancer. (Photo courtesy of Immigration Equality)

An immigration advocacy group is appealing to the White House and U.S. immigration officials on behalf of a gay man in Gulfport, Miss., who is desperately trying to bring his Philippine partner into the U.S. to care for him as he struggles with terminal cancer.

Gulfport resident Roi Whaley, 46, and Aurelio Tolentino, 39, have been a couple since 2004, when the two met while Tolentino, a nurse, worked in the U.S. on a special work visa. Although in good health, Tolentino was forced by U.S. authorities to leave the country in 2007 when they discovered he was HIV positive.

Congress and the Obama administration have since lifted the longstanding U.S. ban on HIV positive immigrants and visitors, which led to Tolentino’s forced departure from the country. But due to other immigration restrictions, Tolentino, who moved to Canada, remains barred from returning to the U.S.

“Were Roi and Aurelio a married heterosexual couple, Roi would be eligible to apply to sponsor Aurelio for residency in the United States,” said Steve Ralls, a spokesperson for Immigration Equality, an LGBT advocacy group. “Because they are a gay couple, however, that option is not available to them.”

Immigration Equality is helping Tolentino apply for a special waiver known as a “humanitarian parole” that could allow him to return to the U.S. to assist Whaley for up to one year.

Ralls said his group is preparing the detailed paperwork needed for Tolentino’s humanitarian parole application, which must be submitted to the U.S. Department of Homeland Security. He said Immigration Equality has also contacted the White House about the case.

Ralls and representatives of other LGBT advocacy groups view Whaley and Tolentino’s plight as yet another compelling example of why Congress should pass a pending bill that would give foreign partners of U.S. citizens the same immigration rights that heterosexual married couples enjoy. Under current law, a foreign national who marries an opposite sex U.S. citizen is automatically eligible for U.S. residency.

The Uniting American Families Act, which has been stalled in Congress for more than 10 years, enjoys the support of President Obama. But similar to nearly all other LGBT-related bills, congressional leaders have yet to schedule a vote on the measure, and most political observers say a vote on the gay immigration measure is unlikely to take place this year.

Meanwhile, Canadian authorities recently denied Tolentino’s application for residency in that country, putting him in jeopardy of being deported to the Philippines in the near future. Whaley talked to the Blade this week by phone from Tolentino’s home, saying he was fearful that this could be his last visit with his partner of five years unless U.S. immigration authorities grant Tolentino the humanitarian parole.

A White House spokesperson said it was referring all inquires about the matter to the Department of Homeland Security, which processes humanitarian parole applications. DHS spokesperson Matt Chandler said federal privacy law prohibits him from commenting on pending cases. But he said the DHS actively considers all applications for humanitarian paroles on a “case-by-case basis.”

Whaley said he feels “let down” by the Obama administration, saying the White House has not responded to several letters he has sent seeking assistance.

According to Whaley, his admiration for Obama was so strong that he persuaded an emergency medical crew to hold off taking him to the hospital on Inauguration Day in January 2009, when he collapsed from a “headache” that was later diagnosed as a brain tumor. He also suffers from lung and pancreatic cancer.

“I was on an ambulance gurney on a 911 call and I wouldn’t let them take me out of the house until I saw that man raise his hand and say ‘so help me God.’ That’s how much hope I had in him.  And I’m feeling really let down, kind of betrayed by my own country,” Whaley said.

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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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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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