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Susan Collins lambasted by LGBT groups for Kavanaugh support

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Susan Collins, Victory Fund, Senate

Juror Non-Discrimination Act, Susan Collins, Senate, Victory Fund, Republican

Sen. Susan Collins (R-Maine) declared her Brett Kavanaugh support in a Senate floor speech. (Washington Blade file photo by Michael Key)

Sen. Susan Collins (R-Maine) faced harsh criticism from LGBT rights groups on Friday for her declaration she’d vote to confirm Brett Kavanaugh to the U.S. Supreme Court.

Chad Griffin, president of the Human Rights Campaign, said in a statement “we are deeply disappointed in Sen. Collins today” after her speech on the Senate floor affirming support for Kavanaugh.

“In one of the most consequential vote of her lifetime — and of her constituents’ lifetimes — she has opted to back a dangerous, unqualified nominee who repeatedly lied under oath and has multiple credible allegations of sexual assault,” Griffin said. “The harmful consequences of Sen. Collins’ decision to support Brett Kavanaugh will last decades.”

With Collins’ support, Kavanaugh has the necessary votes for confirmation to the U.S. Supreme Court. Sen. Joe Manchin (D-W.Va.), another undecided senator, declared he’d vote for Kavanaugh shortly after Collins’ speech.

Griffin urged voters to demonstrate their anger with Collins by taking to the polls in the congressional mid-term elections and voting out senators who support Kavanaugh.

“In the wake of this news, there is only one course of action,” Griffin said. “The millions of Americans who have fought a valiant struggle against this despicable nominee must make their voices heard in November and beyond by electing lawmakers who will stand up for our rights rather than sell us out.”

In years past, the Human Rights Campaign has endorsed Collins when she was up for re-election and faced Democratic challengers because of her support for LGBT rights initiatives, including “Don’t Ask, Don’t Tell” repeal and the Employment Non-Discrimination Act. It’s hard to see how that support will continue in the Kavanaugh vote.

Collins declared in a floor speech she “will vote to confirm Judge Kavanaugh” hours after she was among the 51 senators to vote for cloture to allow the Senate to move forward with the nomination.

In response to Christine Blasey Ford’s Senate testimony asserting a 17-year-old Kavanaugh sexually assaulted her in 1982 when she was a teenager, Collins said the accusation isn’t enough to preclude the nominee from sitting on the Supreme Court.

“Fairness would dictate that the claims at least should meet the threshold of ‘more likely than not’ as our standard,” Collins said. “The facts presented do not mean the Professor Ford was not sexually assaulted that night or at some other time, but they do lead me to conclude that the allegations fail to meet the ‘more likely than not’ standard. Therefore, I do not believe that these charges can fairly prevent Judge Kavanaugh from serving on the court.”

Amid concerns Kavanaugh would vote to reverse the 2015 U.S. Supreme Court for marriage equality, Collins said Kavanaugh indicated he wouldn’t overturn the decision in his confirmation hearing. (LGBT legal experts have said his responses were wholly unsatisfying.)

“Others I’ve met with have expressed concerns that Justice Kennedy’s retirement threatens the right of same-sex couples to marry,” Collins said. “Yet Judge Kavanaugh described the Obergefell decision, which legalized same-gender marriages, as an important landmark precedent. He also cited Justice Kennedy’s recent Masterpiece Cakeshop opinion for the court’s majority, stating that, ‘The days of treating gay and lesbian Americans or and gay and lesbian couples as second-class citizens who are inferior in dignity and worth are over in the Supreme Court.'”

Marriage equality is but one LGBT rights issue. Other LGBT-related cases that may come to Supreme Court with Kavanaugh on the bench including litigation challenging President Trump’s transgender military ban, whether federal civil laws against sex discrimination applies to LGBT people and whether “religious freedom” affords a right for individuals and businesses to discriminate against LGBT people.

Sharon McGowan, legal director for Lambda Legal, also criticized Collins, saying the senator’s rationale for supporting Kavanaugh ranges “from naïve to disingenuous” and “can only be described as magical thinking.”

“Furthermore, her discrediting of Dr. Christine Blasey Ford’s (and others’) allegations against Brett Kavanaugh speaks far more loudly than the empty words she offered in support of sexual assault survivors, and her reliance on an incomplete and politically manipulated investigation to justify her decision was shameful,” McGowan said. “By relying on fantasy instead of fact, and by putting party ahead of people, Sen. Collins is apparently willing to ignore the overwhelming majority of Mainers who have urged her to oppose this nomination in order to avoid the ire of Republican Party bosses and the White House.”

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U.S. Supreme Court

Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons

SCOTUS could further restrict rights of trans inmates

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The U.S. Supreme Court with an LGBTQ Pride flag flying in front of it. (Washington Blade Photo by Michael Key)

The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.

U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.

The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”

If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.

The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”

American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.

The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.

Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.

The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.

Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.

The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.

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Federal Government

Education Department rolls back protections for LGBTQ students under Title IX

The DoE policy rescinds Biden-era protections

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U.S. Education Secretary Linda McMahon (Washington Blade photo by Michael Key)

The Department of Education rolled back a Biden-era Title IX interpretation on Monday that secured sex-based discrimination protections for students on the basis of sexual orientation and gender identity.

Title IX was established in 1972 as landmark civil rights law. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.

Education Secretary Linda McMahon spoke about the revision of the policy, claiming the decision would explicitly help “women and girls.”

“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions. We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls,” McMahon said via press release.

Prior to her work under the Trump-Vance administration, McMahon was a World Wrestling Federation/World Wrestling Entertainment executive before resigning to pursue a career in politics. She was appointed to the Connecticut State Board of Education by then-Gov. Jodi Rell in January 2009, but resigned from her role shortly afterward to run what ultimately became two failed campaigns for Connecticut’s U.S. Senate seat in 2010 and 2012.

A “fact sheet” provided by the Department of Education also called the inclusive sexual assault and gender identity protections expanded under the Biden-Harris unlawful, saying, “This change is necessary to provide clarity in the Code of Federal Regulations so that institutions, administrations, students, and families can see the rules that are actually in force and to help eliminate public confusion about the Biden administration’s unlawful attempt to stretch Title IX’s legal protections to cover ‘sexual orientation’ and ‘gender identity.’”

This is not the first time this policy has faced judicial hurdles. While Biden was still in office, the plan was struck down in multiple courts in Republican states.

Opponents of the move say it will harm transgender athletes and weaken protections for sexual assault victims.

“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence. Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students,” said Shiwali Patel, senior director of education justice at the National Women’s Law Center.

This is a return to a first Trump term policy after Biden issued an executive order to attempt to curb discrimination for all — especially those with different sexual orientations and gender identities — that had been given a pass during Trump’s first term. Much of Title IX’s policy has a narrow vision of what sex protections look like that often and enthusiastically leave gender-diverse and non-heterosexual people out.

In March 2021, President Joe Biden signed Executive Order 14021, “Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” to attempt to undo some of the flagrantly anti-LGBTQ policy the Trump-Pence administration had set forth relating to Title IX protections for LGBTQ students and sexual assault survivors.

The secretary focused this “win” for the administration as one more step toward restricting transgender students from competing in women’s sports, but the 2020 rule, completed under former Education Secretary Betsy DeVos, didn’t explicitly ban trans students from participating on sports teams consistent with their gender identity. It did limit the types of sexual harassment and assault complaints that schools had to investigate and required live hearings so male students could respond to accusations.

McMahon didn’t discuss those aspects in her statement or in requests for comment. The 2020 rule drew praise from conservatives and intense opposition from advocates who said it downplayed sexual abuse and left victims unprotected.

In a statement, U.S. Rep. Tim Walberg (R-Mich.), who chairs the House Education Committee, said, “Returning to the 2020 regulations restores longstanding protections for women and girls that the Biden-Harris administration attempted to dismantle and realigns Title IX policy with court precedents.”

LGBTQ activists have called this decision a direct attack on LGBTQ safety — particularly for trans students who continue to face a barrage of legislative, executive, and judicial attacks in recent years from the Trump-Vance administration.

Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy group in the world, released a statement following the DoE’s announcement.

“Title IX is, quite simply, about protecting students and ensuring that they are safe from abuse, harassment, and discrimination while they pursue their education. But Donald Trump and his cronies aren’t interested in any of that,” Robinson said. “Donald Trump’s Department of Education has completely lost sight of that mission. Instead of enforcing protections for students, they’re rescinding them. They don’t care if sexual harassment and assault go unaddressed. And they’re happy to strip funding away from school districts and states that are actually trying to keep students safe.

“We know who will be hurt: women, girls, and others who are vulnerable to sexual harassment, assault and abuse — including LGBTQ+ students. The fact that they’re dropping this rule into place abruptly, without a comment period, denying families, educators, loved ones, and the students themselves a say in how they should be treated, shows how little they care about the safety of our students.

“This is a monstrous injustice, and it drives home how essential it is that we take action at the polls this November to start bringing some accountability to an administration that has turned its back on the very students Title IX was written to protect,” she added.

The Washington Blade reached out to the DoE for comment and questions on whether Title IX protections still included LGBTQ students, and received this email response from Education Spokesman Sabin Sidney:

“Your questions indicate you are clearly missing the entire point of this Final Rule. The Biden Administration illegally rewrote Title IX to include ‘sexual orientation’ and ‘gender identification’ in the definition of sex-based discrimination. The Trump Administration is rescinding this rule—only after every federal court that heard legal challenges rejected it as unlawful.

“Since January 2025, the Department has been enforcing Title IX consistent with the President’s Executive Order grounded in biological truth that there are only two sexes. The Trump Administration is restoring the original promise of Title IX and providing clarity to students, parents, and educational institutions. We will vigorously defend equal opportunity consistent with the law’s intended purpose.”

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Baltimore

Baltimore’s oldest gay bar to reopen this week

Leon’s owner Ron Singer died in July

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Leon’s, the oldest gay bar in Mount Vernon, will reopen Wednesday. (Photo by Kaitlin Newman for the Baltimore Banner)

By JOHN-JOHN WILLIAMS IV | Those legendary heavy-handed pours, spirited karaoke and trivia nights, and groan-worthy wall-to-wall patrons on packed nights are back!

Leon’s will live to see another day.

Baltimore’s oldest gay bar, which opened in the 1950s, closed in July following the death of its owner, Ron Singer.

The rest of this article can be read on the Baltimore Banner’s website.

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