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Trump’s HHS appoints anti-trans activist to protect trans health

Severino a former staffer with the anti-LGBT Heritage Foundation

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Roger Severino, gay news, Washington Blade

Roger Severino, director of the DeVos Center for Religion and Civil Society, Institute for Family, Community, and Opportunity at the Heritage Foundation. (Image courtesy C-Span)

Much to the consternation of LGBT rights supporters, the Trump administration has appointed to head the civil rights division of the Department of Health & Human Services a former staffer with the anti-LGBT Heritage Foundation who wrote extensively against the civil rights of transgender people.

A series of statements from LGBT advocates came out Thursday over the appointment of Roger Severino, who until this week was director of the DeVos Center for Religion & Civil Society for the Heritage Foundation.

Winnie Stachelberg, executive vice president for external affairs at the Center for American Progress, gave no quarter in a statement over the Severino’s appointment and its implications for transgender health.

“Frankly, it is sick that President Trump would appoint Roger Severino to lead OCR – putting a man who made his career opposing healthcare non-discrimination laws in charge of enforcing those very same protections,” Stachelberg said. “Before the Affordable Care Act, insurance companies routinely denied equal treatment to same-sex couples and more than half of private insurance plans explicitly discriminated against transgender patients, with more than a quarter of transgender people reported being denied medical care by a provider. Severino’s writing makes it clear that he wants to take us back to the days when 1 in 4 transgender people was refused medical care outright.”

Among the posts Severino wrote for The Daily Signal, the blog for the Heritage Foundation, were in opposition to LGBT people, especially transgender rights. After the White House came out against a provision in a congressional defense spending package that would have allowed anti-LGBT discrimination among federal contractors, Severino wrote a post called “Obama Threatens to Veto Military Bill Because It Protects Religious Groups.” After the Pentagon lifted its ban on openly transgender service, Severino wrote a post called “Pentagon’s Transgender Policy Defies Common Sense.”

Severino also defended North Carolina’s anti-LGBT House Bill 2, which prohibits transgender people from using the restroom in schools and government buildings consistent with their gender identity. Decrying the “unrelenting and coordinated attacks” against the state for enacting the law, Severino criticized former U.S. Attorney General Loretta Lynch for filing a federal lawsuit against the measure, which he said amounted to progressives “using government power to coerce everyone, including children, into pledging allegiance to a radical new gender ideology.”

Marguerite Bowling, a spokesperson for the Heritage Foundation, defended Severino in response to concerns he’d seek to undermine transgender health in his role at HHS.

“Roger Severino has a distinguished record of fighting for the civil rights and freedoms of all Americans,” Severino said. “We have no doubt that Roger in his new role at HHS will protect the civil rights of all Americans.”

As head of the HHS civil rights division, Severino would be charged with enforcing Section 1557 of Obamacare, which prohibits discrimination on the basis of race, sex, disability and age in health programs. The Obama administration interpreted the prohibiting on sex discrimination to bar discrimination against transgender people in health care, including the refusal of gender reassignment surgery.

Wade Henderson, outgoing CEO of the Leadership Conference on Civil & Human Rights, said in a statement the office of civil rights at HHS requires “strong and experienced leadership” to enforce Section 1557, and Severino is “not that leader.”

“Since enactment of the ACA seven years ago today, members of The Leadership Conference have strongly advocated for the full and complete implementation of Section 1557,” Henderson said. “In his previous position at the Heritage Foundation, Mr. Severino repeatedly denounced and actively worked to oppose OCR’s implementation of Section 1557. These actions call into question his ability to fully enforce the ACA and protect communities of color and other underserved populations, who are most at risk for unequal access to health and health care.”

It should be noted U.S. District Judge Reed O’Connor has enjoined the enforcement of the Obamacare regulation interpreting Section 1557 to apply to transgender people. The Trump administration missed a deadline to appeal the decision to the U.S. Fifth Circuit Court of Appeals, but the American Civil Liberties Union is seeking to intervene to defend the regulation.

Harper Jean Tobin, policy director for the National Center for Transgender Equality, said Severino could still do “a number of things” to impact transgender protections under Section 1557 as litigation proceeds.

“The government will now have to make a decision, and OCR is ostensibly the client DOJ in this decision, as to whether to ensure, as the government normally would in a case like this, that federal law and the federal regulation interpreting it and applying the federal law is defended, that a rule overturning it is reviewed by a higher court,” Tobin said. “I think the fear is that OCR and DOJ could sort of work together to have this injunction made permanent without any review by a higher court, which would be highly unusual and really inappropriate.”

After a rule-making process consisting of many years and with two separate comment periods, Tobin said letting the injunction against the regulation stand would be “tantamount to repealing the regulation without going the required rule-making process and instead just acceding to a fringe legal position by one district court judge.”

Tobin added OCR has other responsibilities related to transgender health, such as the federal health care privacy law, or HIPAA, which assures privacy for transgender people in health care settings.

“Up until now, OCR has in cases involving transgender people, just as it does for everybody else, acted to enforce the laws to protect their privacy, but given Mr. Severino’s aggressively hostile work to dismantle any kind of legal protections for transgender people, we’re worried about what kind of direction the agencies would take on those bedrock protections,” Tobin said.

Caitlyn Oakley, an HHS spokesperson, had no comment in response to concerns from LGBT advocacy groups that Severino wouldn’t protect transgender health in his new role.

“We aren’t commenting on personnel at this time,” Oakley said.

Matt McTighe, executive director of Freedom for All Americans, said in a statement Severino appointment to HHS and his anti-trans history spells trouble for transgender health.

“Roger Severino has a proven track record of opposing fair and equal treatment for the transgender community,” McTighe said. “He is a dangerous pick for a position that is meant to enforce critical civil rights protections. This is yet another example of the Trump administration’s failure to live up to the president’s campaign promise of protecting LGBT people and it will have devastating consequences for transgender people across the country.”

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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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