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Gorsuch confirmed to the dismay of LGBT rights supporters

Senate approves new justice after nuking filibuster

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Neil Gorsuch, gay news, Washington Blade

The U.S. Senate confirmed Neil Gorsuch to the U.S. Supreme Court.
(Washington Blade photo by Michael Key)

The U.S. Senate confirmed on Friday Neil Gorsuch to the U.S. Supreme Court much to the dismay of LGBT rights supporters who think he’ll oppose LGBT rights and Democrats who say the seat was unfairly awarded to him.

The Senate confirmed him to the seat by a largely party-line vote of 54-45, although Sens. Joe Manchin (D-W.Va.), Joe Donnelly (D-Ind.) and Heidi Heitkamp (D-N.D.) joined Republicans to confirm the nominee. Sen. Johnny Isakson (R-Ga.), who’s recovering from back surgery, missed the vote.

Russell Roybal, deputy executive director for the National LGBTQ Task Force, said in a statement the confirmation amounts to “the triumph of bullying over moderation.”

“Taking their lead from the Bully-in-Chief Donald Trump, Mitch McConnell twisted and turned the rules of the Senate to ram this extremist nominee through — slashing and burning safeguards for moderation, such as the rule calling for a 60 votes threshold needed to confirm an Associate Supreme Court Justice,” Roybal said. “We now have a new Justice who is so conservative that he makes Antonin Scalia look moderate,”

The Gorsuch confirmation is a win for President Trump after a first 100 days in office marked by questions about his presidential campaign’s relationship with Russia, the failure of legislation he endorsed to repeal Obamacare and national security challenges in Syria and North Korea.

But Democrats put up a fight in the road to confirmation, citing Senate Republicans’ unwillingness to even hold a hearing for President Obama’s choice for the seat — U.S. Circuit Judge Merrick Garland — when it was first made open by the death of the U.S. Associate Justice Antonin Scalia last year.

Democrats on Thursday successfully filibustered by the nomination after speaking out on the Senate floor against Gorsuch on the Senate. Sen. Jeff Merkley (D-Ore.), who said he’d filibuster any nominee other than Garland, spoke for 15 hours on the Senate floor against Trump’s nominee.

In the end, Senate Majority Leader Mitch McConnell (R-Ky.) was able to move forward by changing the rules and exercising the “nuclear option,” which ended the ability for senators to filibuster nominees to the Supreme Court. McConnell cited as precedent for this action former Senate Democratic Leader Harry Reid ending the filibuster in 2013 for administrative appointments and lower court judicial nominees.

Commending McConnell for his actions to ensure the confirmation of Gorsuch was Tony Perkins, president of the anti-LGBT Family Research Council.

“Leader McConnell is to be commended for holding fast to historical precedent of not allowing an outgoing president to pack the Court with ideological jurists on his way out of the White House,” Perkins said. “The Supreme Court vacancy after the death of Justice Scalia became a defining issue of the 2016 presidential election. President Trump made history by telling voters who he would appoint to the Court by providing a list — the American people chose him and he in turn chose from the list, keeping his promise.”

LGBT rights supporters have expressed concerns about Gorsuch largely because of his record as a judge on the U.S. 11th Circuit Court of Appeals.

Chief among those concerns is a ruling the Hobby Lobby case in which he determined the retail chain should afforded “religious freedom” despite requirements under Obamacare to deny contraceptive coverage for female employees. Many LGBT rights supporters say that could be a prelude to Gorsuch being willing to institute “religious freedom” carve-outs in LGBT non-discrimination laws.

Other LGBT criticism over Gorsuch relates to his decisions on transgender rights. In 2015, Gorsuch joined an 11th Circuit decision against a transgender inmate who alleged she was denied transition-related hormone therapy and unfairly housed in an all-male facility. In 2009, Gorsuch also joined an unpublished opinion finding the provision against sex discrimination under Title VII of the Civil Rights Act of 1964 doesn’t apply to transgender people.

In a 2005 op-ed for the National Review “Liberals & Lawsuits,” Gorsuch excoriated the progressive movement for seeking advancements in the courts, identifying same-sex marriage an issue that should be decided elsewhere a decade before the Supreme Court would rule for marriage equality nationwide.

Sarah Kate Ellis, CEO of GLAAD, condemned Senate Republicans for the confirmation of Gorsuch in a statement based on his anti-LGBT rulings and writings.

“Republicans in the Senate just destroyed a steadfast American tradition for the purpose of confirming a person to the U.S. Supreme Court who will most certainly vote in opposition to the safety and well-being of the LGBTQ community and many marginalized groups for his entire career on the bench,” Ellis said. “With his history of siding against transgender Americans and arguing against marriage equality, Neil Gorsuch is yet another reprehensible pawn in the Trump Administration’s goal of erasing the LGBTQ community from the fabric of America.”

During his confirmation hearing, Gorsuch said the U.S. Supreme Court ruling in favor of same-sex marriage is “settled law,” but added “there is ongoing litigation about its impact and application right now,” suggesting he thinks limitations to the ruling are still on the table. According to the Human Rights Campaign, Gorsuch also refused to answer in response to written questions from the Senate whether he thinks LGBT people are eligible for protections under current federal civil rights laws.

Stan Sloan, CEO of the Family Equality Council, said in a statement he hopes concerns about Gorsuch’s views on legal protections for LGBT people prove incorrect now that the jurist has been confirmed to the Supreme Court.

“Family Equality Council opposed the confirmation of Neil Gorsuch to the Supreme Court, and we are disappointed that this confirmation is now a reality,” Sloan said. “We hope that our fears concerning his ability to assure fair treatment of LGBTQ individuals and families — and members of all marginalized communities — will now be proven wrong, and that Justice Gorsuch rises to support and protect the civil liberties of all Americans.”

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Comings & Goings

David Reid named principal at Brownstein

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David Reid

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”

Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.

Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.

He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.

Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.

Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street. 

Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors. 

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District of Columbia

D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee

Alleged years of verbal harassment, slurs, intimidation

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Deon Jones (Photo courtesy of the ACLU)

The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected  to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.

The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”

Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.

Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.   

“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,”  the ACLU’s statement says.

“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.

“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU  statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.  

He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”

The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.

“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.

The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. ACLU spokesperson Andy Hoover said Jones has been on administrative leave since March 2022. Jones couldn’t immediately be reached for comment.

“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”

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Virginia

Spanberger signs bill that paves way for marriage amendment repeal referendum

Proposal passed in two successive General Assembly sessions

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(Bigstock photo)

Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.

The ballot question that voters will consider on Election Day is below:

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Voters in 2006 approved the Marshall-Newman Amendment.

Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.

“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.

Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.

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