National
Tom Gallagher, U.S. Foreign Service officer, dies at 77
Longtime LGBT rights advocate came out publicly in 1975
Tom Gallagher
Tom Gallagher, who became the first known U.S. Foreign Service officer to come out as gay in 1975 and who switched careers to become a social worker before returning to the Foreign Service in 1994, died July 8 in his hometown of Tinton Falls, N.J. from complications associated with a bacterial infection. He was 77.
In a write-up of his life and career that he prepared shortly before his passing and in an earlier interview published in the online publication Slate, he said he decided to disclose his sexual orientation at a 1975 conference in Washington, D.C., organized by the then Gay Activists Alliance called Gays and the Federal Government.
Knowing the disclosure would jeopardize his then 10-year career at the State Department and Foreign Service, he decided to come out because he became tired of having to conceal the truth of who he was, he recounted in the interview.
One year later, in 1976, after he determined longstanding policies making it difficult if not impossible for gays working in the Foreign Service to retain their required security clearances, he resigned and moved to California, where he began a new career as a social worker
His biographical write-up says he was born Sept. 11, 1940 in Manhattan before his family moved to New Jersey. He graduated from Holy Spirit School and Red Bank Catholic High School in Asbury Park, N.J. before entering New Jersey’s Monmouth University, where he received a bachelor’s degree in 1962.
Five days after graduating from Monmouth he signed up as a Peace Corps volunteer and entered the first Peace Corps group to go to Ethiopia, his biographical write-up says. After completing a Peace Corps training program at Georgetown University he and his group of volunteers were invited to the White House, where President John F. Kennedy and first lady Jacqueline Kennedy hosted a send-off tea party.
According to his write-up, upon their arrival in Addis Ababa, Ethiopia, the Peace Corps group was welcomed by Emperor Haile Selassie, the country’s monarch and leader. A month after arriving in the city of Agordot for his assignment to teach a seventh grade history class, Gallagher recounted he heard the “first shot” of what became the province of Eritrea’s protracted war of independence.
His write-up says he “remained devoted to Eritrea and its people for the rest of his life” and “sixty years after leaving the Peace Corps Tom was still in touch with 13 of the 80 boys he taught in Agordot.”
Upon returning to the U.S. he began his first full salaried job at the White House where he worked for President Lyndon Johnson’s War on Poverty program. It was at that time that he met Carolyn Worrell, the bright young woman also interested in foreign affairs whom he married a short time later.
In his Slate interview with freelance journalist Jacqui Shine he said he believed he was in love with Worrell at a time when he was struggling within himself to fight what he always knew deep inside himself – that he liked men. He had “fooled around with boys” since he was a teenager growing up on the New Jersey shore, he said in the interview.
Gallagher began his first stint in the Foreign Service in 1965, with his first overseas assignment sending him to Jidda, Saudi Arabia.
Subsequent assignments took him to Nigeria and Ecuador, where he served as acting U.S. Consul General in the city of Guayaquil, becoming, at age 34, the youngest ever chief of a major U.S. diplomatic mission. He later returned to Washington where he served in various positions at the State Department headquarters before coming out at the gay conference.
In 1970, shortly after completing his tour in Nigeria, he told his wife he wanted a divorce and arranged for the couple to stay together until Worrell found a job with a federal agency and got “settled,” he said in the Slate interview. It wasn’t until years later that he told his then ex-wife that the marriage breakup was due to his struggle with his sexual orientation, he said in the interview.
Meanwhile, after resigning from the Foreign Service in 1976 he moved to California and underwent training to become a social worker. A short time later he began work in the first of a number of positions, including a post as an emergency room social worker at UCLA Hospital in Los Angeles. He also volunteered as director of counseling programs at the Gay Community Services Center in LA.
Other positions he held included supervisor for the Travelers Aid Society in San Francisco; director of a Napa County, Calif., psychiatric emergency program; and as a volunteer for AIDS programs in the state.
In 1994, when President Bill Clinton removed policies preventing gays from working in the Foreign Service, Gallagher returned to his earlier career as a Foreign Service officer, his write up says. His first assignment was that of the position of American Consul at the U.S. Embassy in Madrid, Spain. While holding that post Gallagher helped raise $3 million for the Spanish AIDS Foundation.
Following his post in Spain he was appointed as Country Officer for Eritrea and Sudan in the State Department’s Office of East African Affairs. In 1999, he became head of the visa section at the U.S. Embassy in Brussels, where he was credited with refusing a visa for a radical Moroccan who was linked to a terrorist organization considering a plot to spray poison on a U.S. city, according to his biographical write-up.
The write-up says he next returned to Washington and worked at the State Department’s Office of Central African Affairs where he served as Country Officer for the Republic of the Congo. His final tour at the State Department was with the Office of International Health, where he served as Regional Advisor for Europe and worked on an international AIDS program.
After retiring in 2005, Gallagher continued to take on short tours for the State Department including assignments at 17 embassies and consulates on five continents, the write-up says. He also taught a course on the Middle East as an Adjunct Professor of Political Science at Monmouth University.
In 2012, during an event at the State Department celebrating the 20th anniversary of the State Department’s LGBT employee group, to which Gallagher was invited, then Secretary of State Hillary Clinton talked about Gallagher’s role in advocating for LGBT equality when he came out as a Foreign Service officer in 1975.
“I don’t want any of you who are a lot younger ever to take for granted what it took for people like Tom Gallagher to pave the way for all of you,” Clinton told the gathering. “It’s not a moment to be nostalgic,” she said. “It’s a moment for us to remember and to know that all of the employees who sacrificed their right to be who they are were really defending your rights and the rights and freedoms of others at home and abroad.”
Shine, who conducted the Slate interview, said she got to know Gallagher when she interviewed him for another story about three years ago.
“I was very fond of Tom, who was very funny, sweet, and a hell of a storyteller,” she told the Washington Blade. “He was as astonished as anyone by the extraordinary turns his life took, and humbled by and grateful for all he experienced.”
Gallagher is survived by his former wife, Carolyn Worrell, who is now a judge in Nevada; and his husband, Amin Dulgumoni, a senior software engineer at Goldman Sachs.
Plans for a memorial were expected to be announced soon.
National
United Methodist Church removes 40-year ban on gay clergy
Delegates also voted for other LGBTQ-inclusive measures
The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.”
Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.
The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.
According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.
The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.
Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:
“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.
“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”
Federal Government
Republican state AGs challenge Biden administration’s revised Title IX policies
New rules protect LGBTQ students from discrimination
Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.
The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.
The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.
“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”
“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”
After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”
The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.
LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”
Federal Government
4th Circuit rules gender identity is a protected characteristic
Ruling a response to N.C., W.Va. legal challenges
BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.
Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.
In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.
The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.
In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.
Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.
Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.
See this portion of the court analysis here:
Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.
Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.
The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.
Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.
The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:
Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”
Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.
Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.
The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.
Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.
The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.
The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.
Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.
Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.”
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
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