National
Gay group works to change hearts, minds at CPAC
Amid the boos, GOProud finds support from young conservatives

Jimmy LaSalvia, executive director of GOProud, speaks during the Conservative Political Action Conference. His group and its message drew mixed reactions during the D.C. event. (DC Agenda photo by Michael Key)
GOProud’s booth at last week’s Conservative Political Action Conference was, like most others at the event, a simple setup.
At the back of the booth was a cardboard wall with the group’s name repeated in red, white and blue lettering. On a table were clipboards with sign up sheets, a roll of “Draft Cheney 2012” stickers and a handout describing the group’s mission.
“GOProud represents gay conservatives and their allies,” it says. “GOProud is committed to a traditional conservative agenda that emphasizes limited government, individual liberty, free markets and a confident foreign policy.”
The setup, in hindsight, might have been too simple. Jimmy LaSalvia, the group’s executive director, at one point looked longingly at a neighboring booth for the Citizens in Charge Foundation, a group dedicated to instituting the referendum process in each state. The motif for the booth included beach toys and fishing nets with dollar bills.
“We should have had a gimmick like that,” he said. “That would have brought more people over.”
Still, the “Draft Cheney” stickers caused at least some passers by to stop. The problem? Most people in the CPAC exhibition hall were unaware of GOProud’s mission as a gay group. Asked by one attendee whether Cheney would really run in 2012, Chris Barron, GOProud’s board chair, responded enthusiastically.
“I don’t know, but can you imagine a better person to send off in a debate with Barack Obama?” he said. “I’d pay money to see that!”
It was a tough crowd for GOProud. As LaSalvia and Barron greeted convention attendees and explained the organization’s outlook to those who were interested, they found themselves having to navigate a sometimes-hostile environment.
Brochures handed out by the American Society for the Defense of Tradition, Family & Property, ostensibly a Catholic organization, encouraged people to “keep our military clean” and “oppose the homosexual agenda for the military.”
“Homosexual vice represents the opposite of this military honor,” says the document. “It violates natural law, epitomizes the unleashing of man’s unruly passions, undermines self-discipline and has [been] defined as ‘intrinsically evil’ by the Magisterium of the Catholic Church on numerous occasions.”
At CPAC, GOProud was queer. And while some were OK with it, others were not.
‘What are you guys about?’
Tension at GOProud’s booth mounted at one point when a woman with a determined look on her face stopped at the booth and announced she needed to air some concerns. Jon Fortin, a gay former Republican administration official who helped GOProud at CPAC, became noticeably tense as a nearby reporter grabbed his notebook.
“I just want to tell you guys that I believe gambling does harm to families,” she said. “It creates financial ruin and drives families apart.”
Fortin quickly noted that the Poker Players Alliance, is actually next to GOProud, opposite the Citizens in Charge Foundation.
“Oh,” the woman said. “Well what are you guys about then?”
Fortin explained GOProud’s mission of advocating for items on the conservative agenda while simultaneously advancing some LGBT causes, such as repeal of “Don’t Ask, Don’t Tell.”
In response, the woman said she had concerns about how gays serving openly would contribute to military readiness. She also wanted to know what arrangements could be made for straight service members who are uncomfortable being in close quarters with gays.
Fortin made an effort to allay her concerns by saying that repealing the law would simply allow gay troops already in the military to serve openly without being expelled from the armed services.
The exchange was among the most contentious moments at GOProud’s booth. Others who approached either voiced support for their inclusion at CPAC, asked questions about the group’s agenda, or expressed their lack of interest or opposition by simply moving to the next booth.
That nothing more contentious occurred at the gay group’s booth could be taken as evidence that the conservative movement is shifting toward greater acceptance — or at least greater tolerance — of gays. Young conservatives, the largest demographic at CPAC, seem willing to include gays among the crowd, or are at least divided on the issue.
Remarks of two CPAC speakers and the accompanying audience reaction seem to best symbolize the state of gay inclusion among conservatives. Alexander McCorbin, a member of Students for Liberty, praised CPAC in his speech for allowing GOProud to participate in the conference.
“In the name of freedom, I would like to also thank the American Conservative Union for welcoming GOProud as a co-sponsor of this event,” he said. “Not because of any politics, but because of the message that it sends: If what you truly care about is freedom, limited government, and prosperity, then this symbol is a step in the right direction, and look to the student movement for support!”
The audience received McCorbin’s words with a mixture of boos and applause. But what caused more controversy took place a few moments later when Ryan Sorba, co-founder of California Young Americans for Freedom, took the stage.
“I want to condemn CPAC for bringing GOProud to this event!” he shouted, drawing more boos than McCorbin received, but still some applause. Sorba continued his tirade against gays and their pursuit of civil rights.
“Civil rights are granted in natural rights,” he said. “Natural rights are granted in human nature. Human nature is a rational substance in relationship. The intelligible end of reproductive act is reproduction. Do you understand that?”
Despite more boos from the audience, Sorba continued. “The lesbians at Smith College protest better than you do!” And after apparent disapproval from Jeff Frazee, executive director of Young Americans for Liberty, Sorba countered, “You just made an enemy out of me, buddy.”
When asked moments later for his reaction to Sorba’s comments, LaSalvia gave a measured response.
“I think the audience speaks for itself,” he said. “That’s all I have to say about that.”
LaSalvia later noted that Sorba’s remarks were possibly a boon for collecting signatures on GOProud’s signup sheet. During the first two days, the group netted about 100 signatures; nearly 200 people signed up in the days following Sorba’s tirade.
No other event at CPAC hit quite as hard an anti-gay note as Sorba’s tirade.
Elaine Donnelly, president of the Center for Military Readiness and a leading national voice against gays serving openly in the armed forces, held a press conference to warn about the danger of ending “Don’t Ask, Don’t Tell,” but her event wasn’t officially sponsored by CPAC.
And her message was blunted when conservative activist Liz Cheney, daughter of former Vice President Richard Cheney, told Talking Points Memo following her speech at the podium that it’s time to end the ban on open service.
Even an official CPAC panel dedicated to social issues was largely free of anti-gay rhetoric and instead advocated a more general advancement of largely undefined traditional values.
One exception came when panelist Tim Goeglein of Focus on the Family Action advocated for the Manhattan Declaration, an agreement among religious groups that proclaims, among other things, that marriage is for life and between one man and one woman.
Longtime social conservative activist Phyllis Schlafly praised the 31 state constitutional amendments that banned same-sex marriage throughout the country — comments that drew significant applause from her audience. In particular, she praised the amendment Ohio voters approved in 2004.
“George Bush could not and would not have been elected in 2004 if it had not been that the marriage amendment was on the ballot in the state of Ohio, which turned out to be the crucial state in that election,” she said. “So that has been very good for Republican victory.”
LaSalvia said after Schlafly’s speech that Bush’s victory could be attributed to any number of different factors.
But the venom found on stage was lacking among those who visited GOProud’s booth in the exhibition hall. Brett Dinkins, a 19-year-old student from the University of Missouri, signed up to join GOProud’s list while sporting a golden “Blunt” pin on his lapel indicating his support for Republican candidate Roy Blunt in Missouri’s upcoming U.S. Senate race.
Dinkins said he wanted to sign the list to show how the conservative movement is “just getting away from the traditional, close-minded thoughts and moving forward to the age that we’re definitely in now.”
“They probably get a lot of heat from people sometimes, so it’s good that they’re actually out here at the biggest conservative gathering doing it,” he said.
At one point, a representative from the National Rifle Association visited the booth, and he and LaSalvia shared memories of how the groups worked in tandem last year to get a failed concealed weapons amendment passed in the Senate. The NRA official wasn’t able to stay long, though, and soon returned to his booth.
Several candidates seeking to oust traditionally pro-LGBT lawmakers also visited GOProud’s booth in search of support. LaSalvia said he received a visit from a Republican challenging House Speaker Nancy Pelosi, and John Loughlin, the GOP candidate who seems poised to challenge gay Democrat David Cicilline in Rhode Island this fall for Congress.
Sean Bielat, who’s the likely Republican candidate to take on gay Rep. Barney Frank (D-Mass.), also made an appearance to seek the gay group’s help. He emphasized that he’s running on fiscal issues and that he and GOProud should “keep in touch.”
There was even a surprise visit from lesbian MSNBC talk show host Rachel Maddow, who toured CPAC as part of her trip to D.C. She asked LaSalvia about the “objections” to GOProud’s presence.
“Well, the bottom line is those objections came from the fringe of the fringe,” LaSalvia said. “There was one organization that pulled out. It was Liberty University.”
“Oh yeah,” Maddow said. “They’re the people that said health care reform was going to mean mandatory sex changes.”
LaSalvia noted it’s ironic that Liberty University pulled out because both the school and GOProud participated in a Young College Republicans event together last year.
“Maybe you so spooked them at the event — they were like, ‘Never again!’” Maddow responded.
“The bottom line is the real story is people have been coming up to us saying, ‘We’re so glad you’re here,’” LaSalvia said.
Even an encounter with the National Organization for Marriage, which had a display near GOProud, was relatively calm. At one point, CNN prompted a meeting between GOProud and the anti-gay group in the network’s coverage of GOProud’s role at CPAC.
“We can have a beer summit later,” Barron joked during the exchange.
So if they’re not at GOProud’s booth, where are these conservatives who aren’t happy about the inclusion of gays in the movement? It turns out that they’re somewhat evasive.
Former Sen. Rick Santorum (R-Pa.), notorious for remarks he made during his tenure in the Senate comparing homosexuality to bestiality, dodged a DC Agenda reporter after giving a speech that suggested Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen were “indoctrinated” by political correctness into endorsing an end to “Don’t Ask, Don’t Tell” in congressional testimony earlier this month.
Santorum held the reporter’s business card and peered at it through his glasses before he returning the card.
“I’m actually late for something and I have to get going,” he said. “Sorry, but I can’t answer any questions.”
Some college students with comparatively lower profiles seemed equally skittish when approached while examining an event map.
“I’m with the press,” said the reporter. “Can I ask you some questions?”
“Sure,” one responded.
“I write for DC Agenda. We’re a gay publication.”
“I’d rather not be part of that.”
“Well, can I still ask you some questions?”
“I don’t want to say anything.”
To get some conversational traction, this reporter eventually resorted to identifying himself verbally as a member of the press and then handing his business card to each person following the conversation. The approach helped convention attendants find their voice.
John Daniel, a 19-year-old student from Florida State University, said he’s against the inclusion of gays in the conservative movement.
“I think there’s nothing wrong with people being homosexual, I just don’t believe they should get married,” he says. “All of us are brothers in Christ, but I’m against them getting married.”
When pressed about what he thought of GOProud’s participation in CPAC, Daniel expressed similar reservations.
“I’m glad that they’re on our side for most things, but I don’t think that they should like — I don’t know — I don’t think that should be high on the agenda,” he said.
Expressing similar reluctance to welcome gays as conservatives is Chase Bishop, a 21-year-old conservative Christian from Liberty University.
“I believe that gays are fine,” he said. “I believe that they can express themselves, and they’re still human beings, and they can give their political views — but I think in the conservative movement, we need to keep the people that are not gay in leadership and help the gays come back to where they need to be.”
More support for gay rights could be found among CPAC attendees who identify as libertarians, such as Kevin Brent, a 23-year-old D.C. resident.
“It sounds funny, but gays are people, too, and they have the rights; they should [have the] freedoms to express themselves,” he said. “I don’t really think it’s a political issue and I think it gets way more attention than it should.”
Margaret Marro, a 19-year-old libertarian and a student from Indiana University, said she was enthusiastic about gays in the conservative movement and GOProud’s participation in CPAC. She said there’s “definitely” a place for gays among conservatives.
“I think that gay and lesbian issues are very, very much a generational thing and I think that my generation is much more accepting,” she said. “Honestly, I can’t wait until those social issues aren’t part of any party’s agenda because I think that economic issues are so much [more] important to this country than issues over anyone’s personal rights.”
The real test for GOProud came during the group’s participation in a panel discussion. On Feb. 20, the group was slated to discuss the use of social networking technologies, such as Facebook and Twitter, to advance goals for conservative organizations.
The panel took place the morning after Sorba made his remarks. LaSalvia, who represented GOProud on the panel, said he didn’t expect much fallout.
“This is a room full of tech people,” he said, “so I think we’ll be pretty calm here.”
But LaSalvia appeared anxious. He laughed nervously as he talked to other panelists, and had his arms wrapped before him as he chewed on his thumbnail. The first to speak of the three panelists, LaSalvia recalled that he and Barron relied on the Internet to advance their message when GOProud opened shop.
“We knew that we had to use to the best of our ability — and on very little money — technology to organize our organization and start it from scratch,” LaSalvia said. “We still continue to use a mix of a database and contact management software that we paid for … and then we use Facebook, YouTube, Twitter and the free stuff.”
He went on to relay an anecdote about how the group used Twitter last year to put pressure on Sen. Claire McCaskill (D-Mo.) for voting against the concealed weapons amendment and comparing passage of the measure to imposing same-sex marriage on Missouri.
“We know that Sen. McCaskill is famous for being a Twitterer,” he said. “We knew that that was going to be the secret weapon in this particular thing, and so, again, it was me in a coffee shop and my colleague in his living room in Georgetown with our laptops — and we started talking to her on Twitter.”
LaSalvia said he sent links to McCaskill on their press release and the remarks she made and that the information was re-Tweeted “thousands of times.”
“The Second Amendment community was mad at her,” he says. “The gay left was mad at her, and the Twitter universe was going nuts, and she was trying to respond to people from this committee hearing. And I thought, ‘OK, we lost yesterday, but at the very least, we’re giving her a bad day,’ and we have an election issue.”
Among the audience, people were listening intently. No one appeared concerned about being lectured by a gay group or hearing about same-sex marriage — except for perhaps an older man in the audience who had his arms crossed before him. No questions emerged regarding the group’s involvement at CPAC; people instead want to learn about the best ways to use technology to advance their organizations.
LaSalvia told the crowd to keep as much information as possible on people in their databases, including where potential supporters were first encountered. He said if people interested in their groups first expressed interest during, for example, an art fair, that information should be included in the database.
The panel discussion ended promptly after one hour and LaSalvia seemed happy with how it went.
“It went very well — exactly as I had expected,” he says. “We’re all trying to do the same thing, we’re all different organizations and we have common needs and common concerns.”
Still, LaSalvia cursed himself for using an art fair as a place for conservatives to meet supporters.
“I wish I hadn’t used the gayest example that I could think of.”
Federal Government
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.
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