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Gay man leads in close vote for Gainesville mayor & more

Craig Lowe, who’s gay, appeared to narrowly beat his opponent Tuesday to become the next mayor of Gainesville, Fla. (Photo courtesy of Craig Lowe for Mayor)
Gay man leads in close vote for Gainesville mayor
GAINESVILLE, Fla. — The city of Gainesville, Fla., on Tuesday appeared to elect an openly gay man as mayor by 35 votes.
Craig Lowe, a 52-year-old gay city commissioner, beat out Don Marsh, a window-cleaning business owner, in an apparent victory in the city’s mayoral runoff election.
County law in the area requires a recount in cases where victories are achieved by a margin of less than 0.5 percent. If Lowe survives this recount, he’ll become the first openly gay mayor in northern Florida, and one of fewer than 30 openly LGBT mayors serving in the United States, according to the Gay & Lesbian Victory Fund.
In a statement provided by Equality Florida, Lowe gave particular thanks to the organization’s political action committee for its assistance in his election.
“I would like to thank Equality Florida Action PAC for their tremendous help in my race,” Lowe said. ”Not only did they endorse my candidacy early on, they also served as a watchdog against the lies about my campaign and put people on the ground to help get our message out to voters.”
According to Equality Florida, Lowe endured “homophobic rhetoric and smear tactics” in the weeks before his win. A local church displayed a “No Homo Mayor” billboard on their front lawn.
In addition to the state LGBT organization, Lowe received endorsements from the Victory Fund as well as other local organizations such as the Gainesville Professional Firefighters’ Association, the African American Coalition for Political Action and the Alligator Newspaper.
Senate passes resolution against anti-gay Uganda bill
WASHINGTON — The U.S. Senate on Tuesday approved by unanimous consent a resolution condemning a harshly anti-gay bill pending in the Ugandan parliament.
Sen. Russ Feingold (D-Wis.), chair of the Senate Foreign Relations subcommittee on African affairs, introduced the resolution in February. Sens. Tom Coburn (R-Okla.), Ben Cardin (D-Md.) and Susan Collins (R-Maine) were original co-sponsors.
Homosexual acts are already illegal in Uganda, but the African nation’s pending legislation would, among other things, institute the death penalty in some cases for LGBT people and require citizens to report LGBT people to the police.
In a statement, Feingold praised “so many political, religious and civic leaders in Uganda and around the world” for speaking out against the Uganda bill.
“Sadly, this legislation is just one example of actions taken around the world to restrict the rights of people just because of their gender or sexual orientation,” he said. “We need to speak out consistently against all such discrimination. The Senate’s passage of this resolution begins to move us in that direction, and I will continue working with my colleagues and the administration to continue to address this issue.”
In addition to condemning the Uganda bill, the Senate resolution calls for repeal of the criminalization of homosexuality in other countries and urges the State Department to closely monitor human rights abuses against LGBT people abroad.
In the House, another resolution condemning the Uganda legislation, introduced by Rep. Howard Berman (D-Calif.), is pending before the House Foreign Affairs Committee. The resolution has 58 co-sponsors.
HRC says Vatican official ‘diverting attention’ on abuses
WASHINGTON — The Human Rights Campaign this week accused a Vatican official of “diverting attention away from decades of Vatican cover-ups of pedophile behavior” when he blamed gays for the abuses.
Cardinal Tarcisio Bertone, the pope’s top aide, outraged gay advocacy groups, politicians and others with his remarks Monday in Chile.
“Many psychologists and psychiatrists have demonstrated that there is no relation between celibacy and pedophilia,” said the Italian cardinal, according to the Associated Press. “But many others have demonstrated, I have been told recently, that there is a relation between homosexuality and pedophilia. That is true. That is the problem.”
Harry Knox, an HRC director of religion issues, responded to Bertone on Wednesday.
“Cardinal Bertone’s statement makes clear that he is more interested in diverting attention away from decades of Vatican cover-ups of pedophile behavior than he is in living up to his pastoral role,” Knox said. “He should actually get to know gay people and read the voluminous opinions of medical and psychological experts that make clear pedophilia is not related to sexual orientation.”
Huckabee likens gay marriage to incest, polygamy
WASHINGTON — Mike Huckabee, a possible Republican presidential candidate in 2012, said the effort to allow same-sex couples to marry is comparable to legalizing incest, polygamy and drug use.
The Associated Press reported that Huckabee also told college journalists last week that gay couples should not be permitted to adopt. “Children are not puppies,” he said.
Huckabee visited The College of New Jersey in Ewing, N.J., April 7 to speak to the Student Government Association. He also was interviewed by a campus news magazine, The Perspective, which published an article April 9.
Huckabee told the interviewer that not every group’s interests deserve to be accommodated, if their lifestyle is outside of what he called “the ideal.”
“That would be like saying, well there are a lot of people who like to use drugs so let’s go ahead and accommodate those who want to use drugs. There are some people who believe in incest, so we should accommodate them. There are people who believe in polygamy, should we accommodate them?” he said, according to a transcript of the interview.
The 2008 presidential hopeful and former Arkansas governor also said that deciding which lifestyles should be accommodated and which ones should not creates a slippery slope.
“Why do you get to choose that two men are OK but one man and three women aren’t OK?” he asked.
Huckabee added that his goal isn’t to tell others how to live, but that the burden of proving that a gay marriage can be successful rests with the activists in favor of changing the law.
“I don’t have to prove that marriage is a man and a woman in a relationship for life,” he said. “They have to prove that two men can have an equally definable relationship called marriage, and somehow that that can mean the same thing.”
Since the magazine published the interview, Huckabee’s remarks have attracted considerable attention online.
In a statement Tuesday, Huckabee said that while he believes what people do in their private lives is their business, “I do not believe we should change the traditional definition of marriage.” He also said he thought the college magazine was sensationalizing his “well-known and hardly unusual views of same-sex marriage.”
Calif. gay marriage ban repeal falls short
SAN FRANCISCO — Gay rights activists say they have failed to qualify a measure that would repeal California’s same-sex marriage ban for the November ballot.
The Associated Press reported that Restore Equality 2010 chair Sean Bohac said the volunteer-run group fell short of gathering the nearly 695,000 signatures needed to put the initiative before voters. Monday was the deadline for submitting the signatures to the secretary of state’s office.
Bohac said Restore Equality’s failed effort was undermined by the decision of more established gay rights groups not to participate in the campaign. He noted that same-sex marriage supporters now are turning their attention to trying to repeal Proposition 8 in 2012.
A lawsuit to overturn Prop 8 also is pending before a federal trial judge.
Lance Bass, others sponsor gay-friendly prom
TUPELO, Miss. — Green Day, former ‘N Sync member Lance Bass and celebrity chef Cat Cora are among those helping to pay for a gay-friendly prom in Mississippi next month, the Associated Press reported.
Organizers say the event is open to everyone but geared toward gay students. The American Humanist Association also will contribute $20,000 for the May 8 event in Tupelo.
The annual prom is organized by the Mississippi Safe Schools Coalition. This year’s event has drawn attention because of the case of Constance McMillen, a high school senior who challenged her school district’s rule banning same-sex dates at proms.
Coalition spokesperson Matthew Sheffield said plans for the event haven’t been completed. But he noted that Bass, who is gay, is among the celebrities expected to attend.
North Carolina
In the middle of the Bible Belt, a summer camp lets trans kids exhale
Adulthood feels possible at Transcending Adolescence
Uncloseted Media published this article on July 18.
By SAM DONNDELINGER | On a June night in rural North Carolina, dozens of campers sat around the fire as a counselor asked them to close their eyes.
“Picture a place where you feel completely safe,” they were told. “Think about what it looks like and how it feels, what you can hear, smell, and taste.”
When they were invited to share what they had imagined, one camper described sitting in a circle with other trans people. It was dark. Trees surrounded them. Mosquitoes buzzed.
“‘That place is here, and this is the place where I feel safe,’” Jacob Hofheimer, one of the camp’s founders, recalled the camper saying. “It got all of us.”
For many of the 8- to 17-year-olds who attend Transcending Adolescence, the weeklong summer camp offers a reprieve from the calculations they have to make in their day-to-day lives: Who knows they are trans? Who can be trusted? Which bathroom can they legally use?
At a time when 40 percent of transgender and nonbinary youth seriously considered attempting suicide in the past year, and 90 percent of LGBTQ youth reported that recent anti-LGBTQ laws, policies, and debates cause them stress or anxiety, those questions never disappear. But at this camp, young people are given space to ask them openly and to a community that understands why they need to.
“It really made me smile knowing that there’s a lot of people out there like me,” Ruby, a 12-year-old camper, told Uncloseted Media. “I’m putting myself out there, I’m being myself and no one judges me.”
Origins
Transcending Adolescence was founded in 2019 by Jacob and his wife Chrissy Hofheimer. The trans married couple wanted to create a camp for queer kids in America’s South, where affirming resources can be difficult to find.
Surrounded by thick woods and the backdrop of the Appalachian Mountains, campers swim, tie-dye shirts, complete ropes courses, roast marshmallows and perform in shows. They also gather for conversations about healthy relationships, medical care, legal rights, bathroom anxiety, coming out, misgendering, depression, substance use, and self-esteem.
“A huge part of it is that every single person there is trans or gender diverse, including the staff,” says Rory Sowers, a 19-year-old junior counselor from Florida. “That’s just something that you don’t get to experience a lot, especially as a young trans person.”
Sowers first attended Transcending Adolescence as a camper during its inaugural year in 2021. He returned three times before becoming a junior counselor.
“There’s so much that trans folks have to worry about just going about their day-to-day lives, especially living in the South,” Sowers says. “I was able to come into myself a lot more when I didn’t have all of those anxieties on my back.”
A place to be ‘just Ruby’
For 12-year-old Ruby, pre-camp anxiety was intense.
When she attended camp in June of last year, it was the first time traveling to another state without her parents.
“I was nervous about having someone there not really understanding me … and not really accepting me,” says Ruby, whose name has been changed to protect her privacy.
Outside camp, Ruby worries about how other people perceive her, according to her mom, Kate, whose name has also been changed. She says her daughter has to consider a litany of questions cis kids don’t have to worry about: “‘What if someone finds out? Are they looking at me? Do I look the part?’ … All these thoughts go through her head every single day.”
Before camp, Ruby had been struggling so intensely that her family had questioned whether it might feel easier for her “not to be who she was,” Kate says. Ruby had faced bullying in school, prompting her family to withdraw her and homeschool her for the remainder of fifth grade.
“I couldn’t really go anywhere without picking [at] myself because I was anxious,” Ruby says.
But when she arrived at camp, a lot of Ruby’s anxiety subsided. She didn’t have to introduce herself through the lens of being trans. She could just be herself: a funny, theatrical, outgoing 12-year-old who likes Beyoncé, improvises rap battles, and wants to be in the center of dance shows.
“She can just go there and just be [Ruby],” Kate says. “[Being trans] is only a little piece of her. There’s so much more to her, and she’s able to do that for the whole week. … It was completely life-changing for her.”
Research suggests that spaces like Transcending Adolescence can have powerful mental health effects.
Young people tend to fare better when they feel they belong and have access to peers and adults who understand them. In one small study from 2021, participants of a six-day LGBTQ summer camp reported increased resilience, self-esteem and quality of life. Focus groups indicated that transgender and nonbinary campers found an affirming environment that offered social opportunities they had been unable to find elsewhere.
Though this environment can be transformative, it’s intimidating at first for some. Jacob remembers asking one camper from Texas his pronouns during medical check-in, and the boy responding that he used “guy pronouns” because he “was a guy.”
Jacob recalled him being closed off and leery of the “hippie-dippy nonsense.”
But on the second-to-last night, Jacob overheard him speaking with a fellow camper.
“‘When I first came here, I thought that I was a disgusting, mutilated pig and an alien, and nobody would ever love me because I’m trans,’” Jacob recalls the camper saying. “‘And now I know that being trans doesn’t make me disgusting. It’s actually a beautiful thing.’”
He later texted Jacob to say the camp had given him confidence during the school year.
“‘Half the time, I forget that I’m trans,’” Jacob remembers him writing. “‘I’m just a guy. I’m just me.’”
“Finding places where you literally see yourself and can be seen by others for who you are is important during adolescence. It’s a human need,” Stephen Russell, professor of social and family dynamics at Arizona State University, told Uncloseted Media. “For trans youth, especially those who may not feel fully accepted at school, at home or in their faith communities, a camp where their identity isn’t something they have to navigate or defend, but is simply centered as part of who they are, can be transformative.”
Filling the gaps
The Hofheimers know that these spaces can transform the mental health of trans youth because they experienced it firsthand when they met while working as lifeguards at a summer camp for young queer people in New Hampshire.
The camp was doing important work, Jacob says, but many of its attendees came from privileged families in New England and other parts of the country where affirming programs were more accessible. Far fewer came from places such as Florida, Georgia, and Texas.
That’s why, for the location of the camp, they intentionally chose North Carolina, a state that has laws on the books that exclude trans girls from participating in sports, restrict the instruction of LGBTQ topics in schools and ban gender-affirming care for trans youth.
“Access is really, really important,” Chrissy says, adding that while the camp costs $1,975 for the week, they offer robust financial aid, including a $1,500 “no questions asked” subsidized rate for families who can’t afford it.
At the camp, the staff educates campers about anti-trans laws, coming out, and how to have conversations with their doctors about gender-affirming care.
“The kids want to talk about this stuff,” Jacob says. “That was the gap that we identified.”
For Chrissy, baking education into the camp’s programming is personal: When she was transitioning as a young adult, accessing informed medical care was difficult. During consultations, doctors either quoted prices she could not afford or refused to treat her. One told her that they did not “put boobs on men.”
Desperate to change her chest, Chrissy turned to a friend who had undergone illegal silicone injections without an apparent complication. She received what she believed were similar injections in Florida.
But the substance wasn’t silicone, she says, and it hardened and became intertwined with her breast tissue. Seventeen years later, Chrissy underwent a double mastectomy to fix the damage.
This experience became one of the driving forces behind the camp’s educational work.
“Accurate information might have changed the course of my life,” Chrissy says.
To provide information that breaks out of the TikTok and Reddit misinformation bubble many campers exist in at home, Chrissy and Jacob bring in experts and host nightly fireside chats.
Each night, campers gather around for structured conversations about the nuances of being trans. They talk about coping with misgendering, managing bathroom anxiety, identifying red and green flags in relationships, asking for help, and caring for their mental health.
Jacob, who is a certified nurse practitioner, helps answer questions about gender-affirming care. A trans attorney explains policies affecting campers in different states and separates the practical effects of those laws from incomplete information and political fearmongering.
“It made me think about the people who I tell I am trans to and what I have to do to make sure I feel comfortable telling them,” Ruby says. “It let me think about all these questions I had but didn’t really know how to ask.”
Building what comes next
Chrissy hopes the results from the camp’s program will eventually be replicated across the country.
For now, roughly 30 campers come together for one week each summer. Some arrive unhappy about being sent to camp. But by the final day, Sowers says, those same campers are often crying because they do not want to leave.
They return home to the same schools, states, and political climates where they have to decide when it is safe to disclose their identities and how to respond when someone does not understand them.
But at camp, Ruby, among the other campers, found a weeklong respite and saw trans adults who were not merely surviving but building careers, relationships, and communities.
“After the camp, I really haven’t been talking about how I feel insecure that I’m trans,” Ruby says. “I can’t wait to go back and see the people I met and [meet] new friends.”
National
Remembering Victoria Cruz, Stonewall veteran and beloved trans activist
A witness to history who would spend decades helping to shape it
Victoria Cruz, a veteran of the 1969 Stonewall uprising and unwavering advocate for survivors of violence, died on June 25 from liver cancer. Fierce, generous, and unyielding, Cruz emerged from Stonewall as a witness to history who would spend more than five decades helping to shape it. She became a fixture of New York LGBTQ+ activism and in time, one of the community’s most beloved elders and mentors.
One of 11 children, Cruz arrived with her family in Red Hook, Brooklyn from Guánica, Puerto Rico as a young child. She occasionally quipped that she was “never in the closet” but “in the armoire,” and knew from an early age that she was a girl at a time when there was little language to describe her experience. She studied cosmetology and hairdressing at Metropolitan Vocational High School, before attending Brooklyn College where she earned a theater degree in 1982. She supported herself through beauty work, as a stripper, sex worker, and entertainer in the New York City nightlife scene, giving her first drag performance at the Grapevine in 1973 to a Billie Holiday song.
A regular at the Stonewall Inn, Cruz often arrived in what she described as “full drag and semi-drag.” In a 2025 interview she recounted details of the gay bar on Christopher Street – the lack of plumbing, except for the bathroom, and how she would only drink beer because the ice for mixed drinks was drawn from unsanitary garbage cans where glasses were rinsed.
“[The cops] used to come in and raid the place, and put the lights on. If you were two men together, you’d look for a lesbian to sit with or talk to.” If you had make-up on, she said, they’d make you wash it off with dirty water from the mop bucket. Officers also did what she called “the Robin Hood.”
“They used to take the bra straps in the back and pull them, you know, they were very heavy elastic, and let it go so it’ll hurt their back.”
Harassment was routine. But the night of Friday, June 27, 1969, was different. Maybe the cops weren’t given “the little brown bag pay off” or “enough money,” she speculated.
Cruz hadn’t planned to go that night. She had work the next day at a beauty parlor but her boyfriend, Frankie, was a bouncer at Stonewall — and “a cheat.”
“I went and stalked him.” When he asked her to go home, she said, “‘No, I’m going to wait up here, because tonight you’re going home with me.'”
It was close to midnight, and the air was hot and humid, she recalled. A full moon in the sky. Judy Garland had just been buried, and the atmosphere in the Village was solemn – “like the calm before the storm.” Standing near the steps next to the Stonewall, Cruz spotted Sylvia Rivera—who would also become a prominent trans rights figure—with her friends across the street by Sheridan Square Park.
The paddy wagons came. The bar got raided, yet again. But this time, a rebellion began to simmer.
“And then the crowd started getting a little bit rowdier outside, they started throwing pennies,” Cruz recalled. “They were calling them names, you know, ‘dirty copper.’ ” As cops started loading people into the paddy wagons, she “saw one queen got punched.” She thought it was Miss Major, who later publicly recounted taking a blow to the head and getting knocked unconscious.
Police brought a paddy wagon around and went back inside the bar. “And here comes a brick out of Sheridan Square Park, and it cracked the window, and they closed all the doors as a barricade. We were hearing noise from inside.”
Frankie came out to see whether she was still there. A Canadian in the country illegally, he wanted to leave. Cruz wanted to stay. “That’s serious when they started burning stuff – and then Frankie says, let’s get out of here.” She recalled the violence escalating. “First it was garbage pails. Then they started setting up fire on cars. And I said, no, no, no. That’s too crazy.”
After the raid, Frankie’s boss called him in “to clean out the basement and try to straighten up whatever the cops smashed up over there.” Frankie found one of three drink-price signs, and downstairs, the dog, Rusty, who guarded the liquor (“even though the liquor was watered down”). One of the owners let Frankie take him home. “I was so afraid of dogs, but I gave him food, and then he became my best friend and my protector.”
As for the sign, she kept it in her possession and shared that she hoped to return it to Stonewall along with photos of Frankie and Rusty. “They are part of our original history and they belong there.”
Those nights of chaos and violence are now widely regarded as the birth of the modern gay rights movement. One year later, Cruz joined thousands in what she called “the big first gay pride liberation march.”
“She was definitely one of our mothers in the movement,” says Shelby Chestnut, now executive director of Transgender Law Center, who worked with “Miss Vicky” at the New York City Anti-Violence Project (AVP) from 2010 to 2017. Cruz first came to AVP seeking support after being sexually assaulted by members of the nursing staff while working at Cobble Hill Health Center. She later volunteered at AVP and remained with the organization for 18 years, eventually coordinating the domestic violence project and serving as a senior counselor advocate.
Shay Huffman, a school social worker and former AVP Board Member, credits Cruz with being her lifeline while going through intimate partner violence. “By the time I got to AVP, I was 95 pounds,” says Huffman. “I seriously doubted I would survive. I had lost my appetite, wasn’t eating, and felt like my spirit was being sucked out of me.” Huffman says it was important to her that Cruz was a woman of color. “She heard me. She met me where I was. She validated me. She gave me hope and encouragement. She made me believe, ‘Maybe I can survive this.’ It was the first step from becoming a fighter and survivor to really thriving.”
Cruz’s impact extended beyond those she counseled. For many young trans people, the presence of an elder figure like “Miss Vicky” was not something to be taken lightly, Shelby Chestnut says.
“Especially at the time when she got into advocacy, in an ‘official’ way, there was a real expansion of trans justice organizations in New York City, and she would come to all of the events and be this big voice of reason. Even in the face of so much terribleness in the world right now—even at almost 80 years old—she was so clear and articulate: ‘We can’t back down. We’ve been here before. We can’t give people new ground in this moment to take our power and livelihood away.’ She imparted this to a new generation of organizers and leaders in a way that not many people could.”
“She came up in a post-Stonewall reality but also was clear that so much of our conditions didn’t change just because Stonewall birthed our movement.”
Her commitment to justice came to wider public attention with the release of the 2017 documentary “The Death and Life of Marsha P. Johnson.” The film documents her meticulous investigation into the 1992 death of her contemporary, Marsha P. Johnson, a Black trans woman whose death was ruled a suicide despite suspicious circumstances. Cruz’s probing not only helped expose the very real possibility that Johnson was murdered, but also underscored a broader reality: Many trans women of the era were treated as throwaways, their deaths denied the attention and justice they deserved.
Following Cruz’s death, the documentary’s director, David France, paid tribute to Cruz on Facebook:
“Throughout her life she embodied pure joy, something she learned from Marsha P. Johnson (whom she called “The Rosa Parks of the gay movement”), and fierce resistance, which she dedicated herself to in her last conversation with Sylvia Rivera on her death bed. She promised Sylvia she would ‘keep the community together.’ And she did that and more. She died on Pride Week, her highest of holy days. There never will be another like her.”
“Victoria loved the beach,” recalls Cruz’s sister, Heyde Cruz, 73. “She called it her sanctuary and as my children and my other siblings’ children were growing, she would take them to the beach and show them how beautiful it was, picking up seashells and other beach objects on the sand and they loved it.”
Indeed, Cruz was a popular presence at the People’s Beach at Jacob Riis Park in Queens, where she was often spotted beneath a sun tent in colorful attire and her signature headband with feathers and cowrie shells. She was considered royalty at this haven for queers near the former Neponsit Hospital — a building that fell into ruin over decades before ultimately being demolished, despite protests by a community that had laid claim to a landmark no one else seemed to want.
In a 2023 conversation, the “Queen of Riis” recounted tales of noble mischief dating back to the earliest days when she had first set foot on the sands in 1963. The facility had been running as a “Home for the Aged” and the gay folks delighted in helping elderly residents sneak out to frolic on the beach.
“We would tell them when the guys were coming so they could run back to the premises,” she said. She loved hearing the concerts from the facility’s gazebo, where patients would be taken out for lunch. “I loved to go on Sunday mornings because of the church services,” Cruz said. “They played the most wonderful American gospel I ever heard.”
Cruz had hoped that the building might be preserved and turned into a hospice, where “the sounds of the sea, the sun, the gulls [might] make them enjoy life more, especially in their last days.”
Last December, The Stonewall Inn Gives Back Initiative (SIGBI) honored Cruz with a Brick Award for Community Activism. Latina actor, model and trans activist Angelica Christina introduced Cruz, highlighting the elder’s fight for the LGBTQ+ community as “front and center,” noting she had “done so with courage, conviction and compassion.”
“From being a longtime leader at the Anti-Violence Project, to being a part of the documented history at Stonewall, Victoria has supported survivors of anti-LGBTQIA+ violence when few others would,” said Christina, herself a survivor of sexual assault and homelessness. “She fought for safety and accountability and dignity at a time when our stories – especially that of BIPOC trans women – were too often ignored… “
To a standing ovation, Cruz spoke to those who have long admired her spirit, as well as a new generation reaching for the torch amid a renewed political tempest intent on extinguishing the most marginalized:
“We resisted at Stonewall and we can resist now because they’re not going to erase us,” Cruz assured. “Today, it is better to be yourself. Life is much easier when you are you.”
“And I thank you for this prize, because like Sylvia [Rivera] said – and I promised her – that wherever I would go, I will try to keep the community together because we do have the numbers, and with our allies, we can defeat them anytime…
“We’re here from the beginning and we’re going to be here ’til the end.”
National
DOJ seeks to dismiss some claims in gay FBI employee’s bias lawsuit
David Maltinsky was fired after displaying Pride flag at desk
Attorneys for gay former FBI employee David Maltinsky, who was fired from his job as a non-agent employee at the FBI’s Los Angeles Field Office in October 2025 after more than 16 years of service for displaying an LGBTQ Pride flag at his workstation, filed court papers on July 15 opposing a motion by government attorneys to dismiss some but not all of the provisions in his unlawful discrimination lawsuit seeking to overturn the firing.
Maltinsky’s lawsuit, filed in federal court in D.C. on Nov. 19, 2025, states that FBI Director Kash Patel acted illegally by violating Maltinsky’s First Amendment constitutional rights and the U.S. Civil Rights Act of 1964 by ordering his firing on grounds that he “exercised poor judgement with an inappropriate display of political signage” by displaying the Pride flag.
The firing came at a time when Maltinsky successfully completed 16 weeks of the FBI’s 19-week training program at the FBI training academy in Quantico, Va. to become an FBI Special Agent, according to the lawsuit.
In addition to Patel, who took office as FBI director in February 2025 under the Trump administration, the lawsuit names as defendants the FBI itself, Acting U.S. Attorney General Todd Blanche, and the U.S. Department of Justice, which oversees the FBI.
“Defendants discriminated against Maltinsky for engaging in protected speech, for his sexual orientation, and for opposing discrimination – a clear and brazen violation of federal law and the Constitution,” the lawsuit states in an amended complaint filed May 5, 2026.
The Department of Justice, which is representing the FBI in its response to the lawsuit, did not immediately respond to a request from the Washington Blade for comment on the lawsuit and why it is seeking dismissal of some but not all of the lawsuit’s multiple allegations, including its claim that the firing violated Maltinsky’s First Amendment rights.
In its “Partial” motion filed on June 15, 2026, to dismiss some provisions in the lawsuit, the Justice Department through Assistant Attorney General Brett A. Shumate and Associate Branch Director Christopher Hall, stated that the lawsuit fails to provide sufficient evidence that Maltinsky was fired because he is gay.
“The Amended Complaint contains no factual allegations that Director Patel or any other decisionmaker expressed hostility toward gay employees, relied on Plaintiff’s sexual orientation in making employment decisions, even knew Plaintiff’s sexual orientation or otherwise indicated that Plaintiff’s status as a gay man played any role in the challenged actions,” the motion states.
Based on that, among other things, the motion says the lawsuit’s claim that the firing violated the U.S. Civil Rights Act of 1964 should be dismissed. A 2020 U.S. Supreme Court decision ruled that the 1964 law bans employment discrimination based on sexual orientation and gender identity along with its other categories including race, religion, and gender.
In its arguments that the decision to fire Maltinsky was illegal, unconstitutional, and unjust, the lawsuit’s amended complaint points out that FBI officials at the Los Angeles Field Office where Maltinsky worked presented the Pride flag to him and gave him full permission to display it at his workstation.
“The FBI encouraged and honored Maltinsky’s work by awarding him the 2020 Director’s Award For Excellence-Outstanding Service in Diversity and Inclusion,” the lawsuit says. “In 2022, the Attorney General for the Department of Justice awarded Maltinsky the Attorney General’s Award for Equal Employment Opportunity, DOJ’s highest award for performance in support of the Equal Employment Program,” it says.
“In special recognition of Maltinsky’s efforts to improve the FBI, in June 2021 LAFO [Los Angeles Field Office] leadership entrusted to Maltinsky two Pride flags that had been flown from the flagpole located in front of the LAFO,” the lawsuit complaint continues. “Maltinsky displayed one of those flags at his workstation.”
Although the lawsuit doesn’t say so directly, all of that happened during the administration of President Joe Biden and previous FBI Director Christopher Wray, who held the director’s position from August 2017 to January 2025, when Donald Trump took office as president.
Nathaniel Zelinsky, one of the attorneys representing Maltinsky regarding the lawsuit, told the Blade that because the Justice Department did not contest the lawsuit’s First Amendment provisions, the case will move forward to the discovery stage, in which he and fellow attorneys can seek and obtain government documents, and most likely go to trial. He said that regardless of whether the judge approves the dismissal of the lawsuit provisions the government has asked for, the other provisions and the case as a whole will continue.
“And those First Amendment claims are extremely serious,” he said. “The government, by its admission, fired David Maltinsky because they did not like the speech he displayed when he put up the Pride flag that was gifted to him by the FBI,” Zelinsky said. “The federal government cannot discriminate against its workers based on their speech.”
