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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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The White House

Pam Bondi ousted as attorney general

Donald Trump announced firing on Thursday

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Now former U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

President Donald Trump removed Attorney General Pam Bondi from her post Thursday, following growing criticism over how she and the Department of Justice handled a range of issues, including matters related to sex offender and Trump ally Jeffrey Epstein.

Trump announced Bondi’s removal on Truth Social, where he also said Todd Blanche will serve as acting head of the Justice Department.

“Pam Bondi is a great American patriot and a loyal friend, who faithfully served as my attorney general over the past year,” Trump wrote on the platform. “Pam did a tremendous job overseeing a massive crackdown on crime across our country, with murders plummeting to their lowest level since 1900.”

Trump was seen as recently as Wednesday with the now-former attorney general at a Supreme Court hearing on citizenship.

The decision contrasts with Trump’s previous public praise of Bondi, the 87th U.S. attorney general and former 37th attorney general of Florida, who served in that role from 2011-2019 before joining the Trump-Vance administration. He has frequently lauded her loyalty and said he speaks with her often. Bondi was also one of president’s defense lawyers during his first impeachment trial.

Privately, however, Trump had grown frustrated that Bondi was not “moving quickly enough” to prosecute critics and political adversaries he wanted to face criminal charges, according to multiple sources. The New York Times reported that her inability to charge former FBI Director James B. Comey and New York Attorney General Letitia James with any crimes is a large factor in the president’s choice to fire her from the government’s primary law enforcement agency.

The move comes as Trump has sought to minimize public turmoil within his administration, avoiding the perception of a revolving-door Cabinet that defined his first term.

Lee Zeldin, a former Republican congressman from New York who unsuccessfully ran for governor, has emerged as a leading contender to lead the Justice Department. He has been one of Trump’s most reliable allies.

“He’s our secret weapon,” Trump said of Zeldin in February during a White House event promoting the coal industry, adding, “He’s getting those approvals done in record-setting time.”

Bondi has also growing faced scrutiny from Congress.

The House Oversight Committee recently subpoenaed her to testify about the department’s handling of certain files, where she declined to answer key questions during a contentious House Judiciary Committee hearing in February.

The Tampa native has a long history of opposing LGBTQ rights through her roles in government. As Florida attorney general, she fought against the legalization of same-sex marriage, arguing it would cause “serious public harm,” pushing forward a legal battle that cost taxpayers nearly half a million dollars. She also asked the Florida Supreme Court to overturn a lower court ruling that found the state’s same-sex marriage ban unconstitutional.

More recently, Bondi established a “Title IX Special Investigations Team” within the Justice Department focused on restricting transgender women and girls from participating in women’s and girls’ sports teams and accessing facilities aligned with their gender identity. She also told Children’s Hospital of Philadelphia to turn over the medical records of anyone under 19 who received gender-affirming care.

Her removal follows Trump’s decision last month to oust another controversial female Cabinet figure, Kristi Noem.

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The White House

VIDEO: Gay journalist detained for booing Trumps at ‘Chicago’ opening night

Eugene Ramirez booed first family at Kennedy Center

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Eugene Ramirez outside of the Kennedy Center after the ordeal, holding a First Amendment rights protest sign he found. (Photo courtesy of Eugene Ramirez)

President Donald Trump and first lady Melania Trump attended the opening night of “Chicago” at the John F. Kennedy Center for the Performing Arts on Tuesday. They were greeted by a mix of cheers, applause, and some audible boos.

Among them was Eugene Ramirez, a gay Washington resident, who later shared his account of the night after being briefly detained by security for booing the president and giving a thumbs-down gesture — an expression of what many would call a textbook definition of constitutionally protected speech to criticize the government.

Ramirez attended the opening night performance with a group of friends, hoping to catch a final show before the center undergoes two years of major changes under Trump oversight. The musical, based on a 1926 play of the same name, has become synonymous with Broadway success.

With music by John Kander, lyrics by Fred Ebb, and a book by Ebb and Bob Fosse, “Chicago” has cemented itself as a cultural staple — known for its signature Fosse choreography, stripped-down staging, and sleek, campy aesthetic. The story follows Roxie Hart and Velma Kelly, women who murder their husbands but — with the help of the manipulative, charismatic, and narcissistic attorney Billy Flynn — walk away scot-free.

It remains the longest-running American musical in Broadway history, and its 2002 film adaptation famously won the Academy Award for Best Picture. On this night, however, the production also became the backdrop for a very modern moment of political protest.

“I accompanied five friends to opening night of ‘Chicago’, as a way to enjoy a final performance in the Kennedy Center as we know it,” Ramirez began to recount to the Washington Blade, describing the moment his group settled into their seats inside the ornate Opera House theater.

Just before the performance began, the twice impeached president and first lady appeared in the balcony box, drawing immediate attention from the audience below. Theatergoers stood, cheered, clapped, and waved, while Ramirez made a different choice.

While accounts of the crowd’s reaction have varied, Ramirez said his response was intentional, immediate, and within his rights. Moments after booing and giving a thumbs-down while recording on his iPhone, security intervened.

The video of Ramirez booing the Trump’s is here:

“Within moments, the director [of security] and another guard approached and escorted me to a side area where several other security guards were waiting,” he said. “I was detained until everyone was seated and the lights dimmed.”

As he was escorted away, Ramirez said his instincts as a journalist kicked in. A former lead anchor for Sinclair’s national evening news broadcast, he said the situation immediately felt off — or more aptly put — as if he could see the strings being pulled from someone attempting to control the narrative.

“Journalism is a vocation, not just a job. I immediately knew there wasn’t just an uncomfortable interaction with security,” he said. “The Kennedy Center is a federally funded cultural institution, and being questioned about speech related to the president in that setting felt like something the public should know about.”

Ramirez explained the difference between a standard visit by a public official and this performance: the president’s appearance wasn’t just ceremonial; it was very clearly a media moment.

“The White House press pool was there, and it was clear this was an effort to manage the president’s image in the media,” Ramirez continued. “The irony was not lost on me that this was happening on opening night of ‘Chicago’, a musical about manipulating the press to shape public perception.”

According to Ramirez, the explanation he received from Kennedy Center Director of Safety and Security Karles C. Jackson Sr., was brief, but illuminating.

“He said, ‘they don’t want booing,’ and even called out my thumbs-down gesture. He never clarified who ‘they’ were, but whether it was the administration or the Kennedy Center, the distinction felt meaningless,” he explained. “Mr. Jackson ultimately told me he was just trying to do his job, shook my hand, and allowed me to return to my seat once the lights dimmed and the overture started playing.”

Ramirez said he didn’t blame the guard individually, noting the broader context of the Kennedy Center’s uncertain future and the pressures staff were under.

“With the center closing in the coming months, some of these security guards being pressured to restrict our freedom of speech may only have a few weeks of work left.”

He believes the decision to remove him was driven less by disruption than optics, particularly given the presence of the press.

“It was very clearly about protection — whether protecting the president from visible dissent, or his image before the media present. There was no disruption as almost everyone was standing and reacting loudly to the arrival of the president and first lady, with cheers, applause, and hand gestures. The difference was that my reaction, unlike most, was negative.”

Drawing on his experience covering public officials, Ramirez said the incident felt more about controlling perception than security.

“Usually, law enforcement may monitor or intervene if there’s a disruption, but here there was no disruption at all. Simply expressing dissent in a public, cultural space drew the attention of security. It made it feel less like a matter of decorum and more like an effort to control the narrative around the president,” he said. “It’s about what happens when dissent is treated as disruption rather than a right.”

“The show hadn’t started. I threatened no one. Billy Flynn would have approved of the optics. The rest of us should be paying attention.”

Ramirez framed the incident as part of a broader constitutional concern, one that is plaguing the Trump-Vance administration as they continue to reject rules and normalcy set forth by other reserved presidents.

“Being singled out by security at a federally funded institution for expressing dissent shouldn’t be brushed off; it undermines the First Amendment,” he said, looking at it slightly distanced from it now. “Being of Cuban heritage, and a journalist, it’s a right I’m not willing to give up readily.”

“Publicly funded cultural institutions should allow visible dissent, even in politically charged moments,” he added. “Of course, I understand the need to manage disruptions during a performance, but that was not the case here.”

The themes of “Chicago”, a long-running satire about media manipulation and public perception, added another layer of irony to the experience, Ramirez explained.

“The satire truly leapt off the stage! A show about controlling the narrative, manipulating the press, and covering up truths by leaning on showmanship and distractions. The show is decades old, but could’ve been written today. We’re being razzle-dazzled daily and it’s getting harder to tell fact from fiction, no matter where you get your news.”

He, being gay, also acknowledged how hard it must have been for the performers on stage, assuming that at least some in the cast were also members of the LGBTQ community — and artists — two things Trump doesn’t always get along with.

“It was not lost on me that many of the actors on that stage, that the president and first lady presumably applauded, are members of the LGBTQ community which this administration has rolled back protections for under the guise of religious liberty and free speech, resulting in blatant discrimination.”

He pointed to a particular number that felt surreal given the circumstances.

“Its ‘Razzle Dazzle’ number celebrates keeping audiences off balance; at its climax, a massive American flag descends as the song celebrates blinding audiences to what is real. Watching that scene after being detained for a thumbs-down was surreal.”

Ramirez said the show’s closing lines were especially sharp given the presidential audience and what he just experienced.

“At the end of the show,

Velma says: ‘You know, a lot of people have lost faith in America.’

Roxie replies: ‘And for what America stands for.’

Velma: ‘But we are the living examples of what a wonderful country this is.’

Roxie: ‘So we’d just like to say thank you and God bless you.’

They had both just gotten away with murder!”

His closing lines, however, were a bit more pointed than “scintillating sinners” Roxie Hart and Velma Kelly’s were in the show.

“Democracy only works when citizens are allowed to boo,” he said. “Tuesday night at the Kennedy Center, ‘Chicago’ made that point better than I ever could.”

The Blade reached out to the Kennedy Center but did not receive a comment back.

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Idaho

Idaho Gov. signs harshest anti-trans bathroom bill in the country

Idaho continues to lead the country in anti-LGBTQ legislation, passing two laws restricting rights this week.

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Idaho Gov. Brad Little signed into law a bill that criminalizes transgender people for using bathrooms that align with their gender identity rather than their assigned sex at birth, including in private businesses. Little signed the bill Tuesday afternoon — just as demonstrators rallied on the Capitol steps in Boise for Transgender Day of Visibility.

The law takes effect July 1.

House Bill 752 allows the government to charge people who “knowingly and willfully” enter bathrooms that do not align with their assigned sex at birth with jail time, making this the most restrictive bathroom bill in the nation. The vote had no issue passing in the Republican supermajority-controlled legislature, with 54 ayes and 15 nays in the House and 28 ayes and 7 nays in the Senate.

The bill applies to government-owned buildings and places of public accommodation, including any business (either publicly or privately owned) or space that is open to the public and offers goods, services, or facilities. These include restaurants (bars, cafes), lodging (hotels, motels, inns), entertainment and recreational spaces (gyms, theaters, sports venues, pools), healthcare and service buildings (hospitals, clinics, professional offices), and transportation-related spaces (including airports and bus stations).

A first offense carries a misdemeanor, punishable by up to one year in prison. A second offense, or any additional offense within five years, is a felony, punishable by up to five years in prison.

The bill’s sponsor, Coeur d’Alene Republican Sen. Ben Toews, said it reflects the “common sense realities” that Idahoans have — despite the issue not being “common sense” enough to be included in the state Republican Party’s official platform.

Republican legislators have deemed this, and similar measures restricting bathroom access to a person’s sex at birth, a matter of “protecting privacy and safety,” according to a similar measure passed earlier this year. Yet this claim contradicts statements from officials working to protect safety, as well as available data on the matter — there is no evidence that trans individuals accessing gender-aligned bathrooms are a threat to safety or privacy.

This expansive and invasive legislative action appears to contradict what Gov. Brad Little says he and his party stand for. On his website, Little touts his efforts to remove red tape for Idahoans, saying they have “cut or simplified 95-percent of regulations” since 2019. Signing legislation that effectively requires policing who can use which bathroom runs counter to that goal — and, unlike the transgender bathroom bill, reducing government regulation is part of the party’s official platform.

“We believe the growth of government is unnecessary and has a negative impact on both the conduct of business and our individual lives,” the Idaho Republican Party platform reads. “We endorse the review of all government programs and encourage their assumption by private enterprise where appropriate and workable. Programs which are outside of government’s constitutional obligations, not cost effective, or have outlived their usefulness should be terminated.”

The Idaho Fraternal Order of Police President, Bryan Lovell, wrote a letter to the legislature that having the responsibility to check a person’s sex at birth fall to police “presents significant practical enforcement challenges for law enforcement officers in the field.”

“In many circumstances, there is no clear or reasonable way for officers to make that determination without engaging in questioning or investigative actions that could be viewed as invasive and inappropriate,” the letter said.

Sen. Ron Taylor, a Democrat from Hailey, said House Bill 752 is about discrimination. He said constituents told him they would move out of Idaho if it passed — because it would throw their transgender children in jail.

“Now maybe that’s what some of us want, is to chase a population that’s marginalized out of Idaho,” Taylor said. “But that’s not Idaho. Idaho was founded by a population that was marginalized.”

Idaho’s American Civil Liberties Union (ACLU) went even farther to criticize the Little’s signature on House Bill 752, arguing the legislation does the opposite of its stated goal of reducing risks to the privacy and dignity of every Idahoan.

“The bill does nothing to address real criminal acts, such as sexual assault or voyeurism,” a statement from the organization founded in 1988 read. “As cisgender people who do not conform to rigid gender norms could face accusations, harassment, and arrest for using a public restroom.”

In addition to creating a criminal issue where there was none, the legislation opens up a Pandora’s box of litigation that taxpayers would ultimately have to pay for.

“When public institutions and local businesses are forced to engage in these expensive and unnecessary lawsuits, taxpayers and customers foot the bill,” the ACLU added.

Advocates for sexual health and gender freedom have called this legislation a full assault on transgender people’s right to exist in public, saying bills like this trigger harassment, increase violence against transgender people, and impose criminal penalties for not conforming to traditional gender roles.

Planned Parenthood Alliance Advocates Idaho called the bill “the most extreme anti-transgender bathroom ban in the nation.”

This is not the only anti-LGBTQ action the governor has taken. He signed a bill earlier that morning to fine cities for flying the LGBTQ+ pride flag, which, according to Idaho Capital Sun, was retaliatory action against Boise’s City Council for a vote last year declaring the pride flag and the organ donor flag as official flags — a workaround to a previous state flag ban the Legislature passed last year.

Boise Mayor Lauren McLean said the city had been flying the pride flag for a decade, but will remove it for the time being to prevent a fine that would “ultimately fall on the taxpayers of Boise to shoulder.”

“But let me be clear: Boise’s values have not changed, and they are not defined by any single action taken at the Statehouse,” McLean said after removing the Pride flag from the official pole.

This approach to LGBTQ poltics reflects a broader trend among Republicans in power in the state. In 2020, Idaho became the first state to ban transgender girls and women from competing on sports teams that align with their gender identity, which is currently being challenged in the United States Supreme Court. In 2023, state lawmakers made it a felony for doctors to provide gender-affirming health care to transgender youth. In 2024, lawmakers expanded the ban to apply to taxpayer funds and government property, forbidding Medicaid from covering gender-affirming care.

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