Connect with us

National

Obama nominates lesbian attorney for judgeship

Kaplan named as candidate for U.S. Court of Federal Claims

Published

on

Elaine Kaplan, gay news, Washington Blade
Elaine Kaplan, U.S. Office of Personnel Management's general counsel (Blade photo by Michael Key)

Elaine Kaplan, Currently serves as U.S. Office of Personnel Management’s general counsel. (Blade photo by Michael Key)

President Obama on Tuesday named attorney Elaine D. Kaplan, the current general counsel for the U.S. Office of Personnel Management, as one of two nominees to become a judge on the United States Court of Federal Claims.

If confirmed by the U.S. Senate, Kaplan would become the second out gay person to serve on the specialized court, which hears cases brought by citizens against the federal government to recover monetary damages.

In 2009, Obama appointed Federal Claims Court Judge Emily C. Hewitt, a lesbian, to become the court’s chief judge. Hewitt, whose 15-year term on the court ends in October, was first appointed to the court by President Bill Clinton in 1998.

On Tuesday, Obama also nominated attorney Patricia E. Campbell-Smith to become a judge on the Court of Federal Claims. Campbell-Smith has been serving since 2005 as a special master for the court as part of its program to adjudicate cases involving vaccine related injuries.

“These nominees have dedicated their careers to serving the public good,” the president said in a statement released by the White House. “And in so doing, they have displayed an unyielding commitment to justice and integrity,” he said.

“I am certain that they will serve the American people well from the Court of Federal Claims, and I am honored to nominate them today,” Obama said.

Kaplan has served as general counsel for OPM since 2009 under gay OPM Director John Berry, who was one of Obama’s first high-level gay appointees.

Prior to joining the Obama administration, Kaplan worked from 2004 to 2009 as Senior Deputy General Counsel for the National Treasury Employees Union and from 2003 to 2004 as an attorney for the D.C. law firm Bernabei and Katz.

In 1998, Kaplan was nominated by President Bill Clinton and unanimously confirmed by the Senate to serve as director of the U.S. Office of Special Counsel, where she served a designated five-year term that extended into the first two years of the administration of President George W. Bush.

Congress created the Office of Special Counsel as an independent agency intended to protect the merit-based U.S. civil service system by investigating and prosecuting complaints of prohibited personnel practices against federal government employees. The OSC is also charged with protecting whistleblowers who report instances of government misconduct or waste from improper reprisals.

Kaplan made news during her tenure as OSC chief when she strengthened protections against discrimination based on federal employees’ sexual orientation, citing a provision in the existing U.S. civil service law that she interpreted to cover LGBT employees.

She became the subject of further news reports after completing her term at the OSC when her successor named by Bush, anti-gay attorney and religious right figure Scott J. Bloch, reversed her policy toward gay federal workers. In an action that created an uproar among LGBT activists, Bloch declared that that no legal protections existed for gay or lesbian federal workers targeted for employment discrimination.

During her tenure as general counsel for the NTEU, Kaplan criticized Bloch for his actions as OSC head. Bloch subsequently became the target of an investigation by the FBI, which raided his office and home following allegations that he improperly sought to purge employees at the OSC who disagreed with him and allegedly was responsible for hiring a computer company to “scrub” files from his office computer. He resigned from his OSC position in 2008.

Shortly after pleading guilty in 2011 for contempt of Congress, for allegedly failing to disclose information requested during a congressional hearing, Bloch filed a lawsuit against more than a dozen people he claimed conspired to have him ousted from his job at the OSC. Among those named in the lawsuit, which sought $202 million damages, were Kaplan, Berry, and the Human Rights Campaign, which Bloch accused of conspiring with Kaplan and others to oust him from his job.

According to a clerk at the Fairfax County, Va., Circuit Court where Bloch filed the lawsuit, Circuit Court Judge Jane Roush dismissed the lawsuit on June 29, 2012 without prejudice. The “without prejudice” dismissal gave Bloch the option of filing the case again within six months under Circuit Court rules, but the clerk said there is no record of him having done so.

D.C. attorney Debra Katz, who was also named as a defendant in Bloch’s lawsuit, told the Blade the judge dismissed the case on grounds of “failure to prosecute” because Bloch, who represented himself in court, never served any of the named defendants with a complaint or summons.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

Published

on

(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

Continue Reading

State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

Published

on

(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

Continue Reading

Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

Published

on

(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

Continue Reading

Popular