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GOP candidates split wins on Super Tuesday

No clear front-runner after biggest night of primary season

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Rick Santorum, Mitt Romney and Newt Gingrich (Blade file photos by Michael Key)

The field of Republican presidential candidates didn’t become any more clear Tuesday night after results were declared for the largest number of contests on a single day during the GOP primary season.

On Super Tuesday, when 10 states held primaries to award a total of 437 delegates, each of the Republican candidates who had previously won states — former Massachusetts Gov. Mitt Romney, former U.S. Sen. Rick Santorum and former U.S. House Speaker Newt Gingrich — took claim to new victories. Libertarian Rep. Ron Paul (R-Texas) didn’t win any states.

Romney won six states: Alaska, Ohio, Massachusetts, Vermont, Idaho and Virginia. Santorum had three in his column: Tennessee, North Dakota and Oklahoma. Gingrich picked up a win in his home state of Georgia.

The contest in Ohio was the most highly contested between Romney and Santorum. A winner in the state, where total of 66 delegates were up for grabs, wasn’t declared until after midnight.

With 99 percent of precincts reporting, Romney won 38 percent of the vote, while Santorum had 37 percent. The win for Romney was narrow even though he reportedly outspent Santorum in Ohio by a 12 to 1 ratio.

Ed Mullen, executive director of Equality Ohio, said a win for Romney was more favorable than a win for the more anti-gay Santorum.

“While Gov. Romney has expressed anti-LGBT positions during the campaign, it is heartening to see that Ohioans rejected the radical anti-LGBT positions of Rick Santorum, who traveled the state with Maggie Gallagher,” Mullen said.

Gallagher, founder of the National Organization for Marriage and one of the most high-profile anti-gay activists, campaigned with Santorum in Ohio and spoke on his behalf at rallies.

But Romney’s other wins aren’t surprising. Massachusetts is the state where Romney has served in his highest capacity as a government official, and Vermont is nearby in geography and Republicans there have a similar temperament. Idaho has a large presence of Mormons, which is Romney’s religion. In Virginia, Romney was one of two candidates on the ballot along with Paul.

Kara Suffredini, executive director of MassEquality, said Romney’s win in Massachusetts “was not unexpected” as she cautioned a Romney presidency would “be very bad news for LGBT people across America.”

“To go from President Barack Obama, who has accomplished more than any president in U.S. history to embrace the full dignity of LGBT people across the United States and around the globe, to former Massachusetts Gov. Mitt Romney, who has actively opposed justice for LGBT youth and families at every turn, would be a tremendous setback for LGBT Americans,” Suffredini said.

As governor, Romney opposed a Massachusetts Supreme Court granting same-sex couples the right to marry and renewed enforcement of a 1913 anti-miscegenation law to block gay couples from other states from coming to the state to marry. According to MassEquality, Romney abolished the Governor’s Commission on GLBT Youth and rescinded an executive order prohibiting sexual orientation discrimination in the state workforce. Another Republican, former Gov. William Weld, had put those measures in place.

Despite the split wins among the candidates, Romney still has the lead in terms of total delegates won in the Republican primary. According to the Associated Press, Romney has 212 while Santorum has 84, Gingrich has 72 and Paul has 22.

Jimmy LaSalvia, executive director of GOProud, said Romney has won “the lion’s share of delegates at stake” and Super Tuesday “all but guarantees that Romney will be the eventual nominee of the Republican Party.” LaSalvia has personally endorsed the candidate in the Republican primary.

“Obviously this process is technically not over,” LaSalvia said. “Despite the large delegate lead enjoyed by Gov. Romney, other candidates in the field have made it clear that they intend to continue on. The question that Republicans, and conservatives in particular, must begin to ask themselves is whether continuing this process is in the best interest of our movement, the party and – most importantly – our country.”

LaSalvia also took a dig at President Obama, saying he and “the left” are “fanning the flames of the culture wars” to distract Americans from economic issues facing the country.

Heads of LGBT groups in Tennessee and Oklahoma said they weren’t surprised Santorum won in their states because they said his anti-gay message resonate with voters there.

Chris Sanders, chair of Tennessee Equality Project’s Nashville Committee, said Tennessee’s LGBT community “is disgusted but not surprised” with Santorum’s win.

“Santorum’s comments about our community track closely with the kind of anti-equality legislation we’re fighting in this state,” Sanders said. “The results show that we have significant work to do in Tennessee if we are going to move the culture in favor of equality and away from the worst discriminatory policies and rhetoric.”

Tennessee State Sen. Stacey Campfield was among those who came to support Santorum even though the lawmaker was initially Gingrich’s co-chair of his Tennessee. He’s sponsor of the legislation commonly known as the “Don’t Say Gay” bill, which would prohibit discussion about homosexuality in schools from kindergarten through eighth grade.

Toby Jenkins, executive director of Oklahomans for Equality, also he’s “not surprised” with Santorum’s win in his state.

“He used a lot of buzzwords and fear statements that are people out here in this part of the country identify with because he panders to their worst fears and makes all sorts of outrageous suggestions about the LGBT community,” Jenkins said. “The reality is we’re not some outside force. Most of us out here are products of Oklahoma.”

Santorum has made his opposition to LGBT rights — in particular his opposition to same-sex marriage — well-known throughout his campaign across the country.

Jenkins said he isn’t aware of any anti-gay rhetoric from Santorum while he was in the state, but heard reports of people who were escorted out of his events because they pressed him on social issues.

Each of the Republican candidates who’ve won states have staked out anti-gay positions. Romney, Santorum and Gingrich have a signed a pledge from the National Organization for Marriage committed themselves upon election to the White House to backing a Federal Marriage Amendment, defending the Defense of Marriage Act and setting up a commission on religious freedom to investigate alleged harassment of opponents of same-sex marriage.

Santorum has said he’d reinstate “Don’t Ask, Don’t Tell,” while Gingrich has said he’d order an “extensive review” of going back to the policy. Romney said he has no plans to return to “Don’t Ask, Don’t Tell.”

The next major contest will take place on Saturday in Kansas, where 40 delegates are in play. The U.S. protectorates, Guam, Northern Mariana Islands and the U.S. Virgin Islands, are also set to hold conventions.

NOTE: This post has been updated.

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Federal Government

Treasury Department has a gay secretary but LGBTQ staff are under siege

Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

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U.S. Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency. 

Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination. 

“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”

The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”

At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.

But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs. 

Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts. 

“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees. 

“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”

Some ERGs die by formal edict, others by a thousand cuts 

Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”

“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”

One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”

The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.

Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.

“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”

Internal directories scrubbed, gender-neutral restrooms removed

Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”

With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”

Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.

Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.

“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”

LGBTQ staff lack support and work amid a climate of isolation 

The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).

“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”

In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.

“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”

Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”

“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”

The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.

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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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