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Thune out as 2012 presidential contender

Decision inspires mixed reactions among LGBT groups

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U.S. Sen. John Thune (Blade photo by Michael Key).

U.S. Sen. John Thune’s (R-S.D.) decision not to pursue a run for the White House is inspiring mixed reactions among LGBT groups who see him either as a potential friend or consistent enemy.

On Tuesday, the one-term U.S. senator announced in a statement that wouldn’t run for president in 2012 because he feels he can best serve the nation in his current position.

“There is a battle to be waged over what kind of country we are going to leave our children and grandchildren and that battle is happening now in Washington, not two years from now,” he said. “So at this time, I feel that I am best positioned to fight for America’s future here in the trenches of the United States Senate.”

Thune was among several Republicans who were widely in consideration to be at least considering a presidential bid. Other possible contenders include former Massachusetts Gov. Mitt Romney, former Alaska Gov. Sarah Palin, former Arkansas Gov. Mike Huckabee and Mississippi Gov. Haley Barbour.

Patrick Egan, a gay government professor at New York University, said predicting how Thune’s exit would impact the bid for the Republican presidential nomination at this stage is difficult, but said he doesn’t think many pundits considered Thune a serious candidate.

“While he was somebody a lot of people were thinking about, I don’t think he was one of the heavy-weights who has generated a lot of buzz,” Egan said.

Egan added that as President Obama’s approval rating in polls continues to climb, many second-tier potential Republican candidates may have second thoughs about whether now is the time to pursue the White House.

“I’m sure that was among the calculations that Thune was making regarding 2012,” Egan said.

One Republican LGBT group cast Thune’s decision not to run for the presidency as a missed opportunity for the Republican Party because they say the U.S. senator hasn’t been completely closed off to moving forward on LGBT issues.

R. Clarke Cooper, executive director of the Log Cabin Republicans, said Thune has not completely precluded himself from working with the LGBT community.

“He is like a number of candidates for office in general who we would consider in development,” Cooper said. “Having a dialogue is always a good thing because people who might have voted one time against something related to the community can always come along and vote for it.”

Cooper noted that some Republicans in the Senate — such as Sens. Mark Kirk (R-Ill.) and former Ohio Sen. George Voinovich — voted against repeal of “Don’t Ask, Don’t Tell” when it was part of the fiscal year 2011 defense authorization bill before voting in favor of repeal when it came to the floor as a standalone measure.

“[Thune is] somebody we work with,” Cooper said. “He’s somebody we will be lobbying as long as he is serving his state, serving South Dakota and serving the United States.”

Still, Thune has a poor reputation for his voting record on LGBT issues as a U.S. senator. He’s consistently received a score of “0” from the Human Rights Campaign on the organization’s congressional score card.

In the last Congress, he voted against hate crimes protections legislation and consistently voted against measures to repeal “Don’t Ask, Don’t Tell.” In 2006, he voted in favor of a U.S. constitutional amendment that would have banned same-sex marriage throughout the country.

Fred Sainz, HRC’s vice president of communications, said the American people “are better off” now that Thune has decided not to run.

“He has proven himself repeatedly to not have the slighest interest in equality and fairness for all Americans, including those who are LGBT,” Sainz said.

Sainz also criticized Thune for not following in the footsteps of the senator he replaced: one-time Senate Democratic leader Tom Daschle. While in the Senate, Daschle voted against the Federal Marriage Amendment and in favor of hate crimes protections legislation.

“[Thune] definitely does not live up to the legacy of Sen. Tom Daschle, who was a very able steward of equality issues for all Americans, and especially those that are LGBT,” Sainz 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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