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Rubio continues hold on gay black judicial nominee

Florida Republican only obstacle to advancing nomination

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Marco Rubio, 2012 Republican National Convention, Tampa, GOP, RNC, gay news, Washington Blade
Marco Rubio, 2012 Republican National Convention, Tampa, GOP, RNC, gay news, Washington Blade

Sen. Marco Rubio is holding up the nomination of a gay black judicial nominee who’d be the first openly gay black male to serve on the federal bench. (Blade file photo by Michael Key).

LGBT groups are pressuring the Senate to push forward with the confirmation of the first openly gay black male to the federal bench now that a hold from Sen. Marco Rubio (R-Fla.) is the only hold up in the process.

The confirmation of William Thomas, whom President Obama first named in November for a seat on the U.S. District Court for the Southern District of Florida, was as of last week held up by both U.S. senators in Florida — Bill Nelson and Rubio — who had yet to return the “blue slips” for the nomination even though it had been pending for more than eight months.

But on Wednesday, following the publication of several media reports on the issue — including one from the Washington Blade — Nelson submitted the blue slips for the nomination, according to Senate sources familiar with the process. Dan McLaughlin, a Nelson spokesperson, confirmed the Florida Democrat had returned the blue slips for the nomination.

Nelson’s office had previously said the senator hadn’t submitted the blue slips because the Senate Judiciary Committee hadn’t yet completed the background investigation on the nomination.

Nelson’s lifting of his hold on the nominee means Rubio is now the only senator obstructing Thomas from proceeding through the confirmation process. Other judicial nominees renominated at the start of the 113th Congress have received confirmation, but no action has been taken on Thomas.

Rubio’s office didn’t respond to repeated requests from the Blade over the past two weeks to comment on why he continues to hold up the Thomas nomination. According to a report last week in the Tampa Bay Times, Rubio has concerns about Thomas’s involvement in a controversial case in which a man was given a sentence of just 364 days in jail for the hit-and-run death of a cyclist.

A judge is seeking to allay these concerns about Thomas in a letter to Rubio that was obtained by the Blade.

In the July 19 missive, Nushin Sayfie, administrative judge for the criminal division of the Eleventh Judicial Circuit in Florida, says the sentence Thomas gave in the case was within his guideline range. The name of the case, the victim and the defendant aren’t found in the letter.

Sayfie maintains that unlike what the media reported, the defendant wasn’t charged in the death of the victim, but “charged with leaving the scene of an accident (involving death).” Further, Sayfie said the defendant filed a motion for downward departure on the grounds that he suffered from a rare blood disease that placed him at risk of death during a prison sentence, but Thomas denied this motion.

According to Sayfie, Thomas sentenced the defendant to 23 months in state prison followed by two years of community control, but allowed him to finish the sentence locally to accommodate his medical condition.

“I hope this communication helps to answer some of the concerns you might have,” Sayfie concludes. “I have known Judge William Thomas as a colleague and friend for approximately nineteen (19) years. It was my pleasure to serve as a reference for him for the federal bench (and be interviewed at length by the ABA, the FBI and the White House Counsel’s Office!) He is a dedicated, intelligent and hard-working public servant.”

Thomas has experience both as a defense attorney and as a judge. He’s been a circuit judge in Florida’s 11th Judicial Circuit since 2005, where he has presided over both civil and criminal matters. Before that, he was an assistant federal public defender in the Southern District of Florida and represented indigent clients in federal criminal cases.

Rubio faced criticism last week from members of the Congressional Black Caucus for holding up both the Thomas confirmation and that of Brian Davis, another black judicial nominee who was nominated for a seat on the U.S. District Court for Middle District of Florida. The Gay & Lesbian Victory Fund also called for the Thomas nomination to move forward.

Rubio continues to hold up the Thomas nomination even though he and Nelson recommended Thomas for the seat following approval from Florida’s Federal Judicial Nominating Commission, which makes recommendations to the state’s senators.

But in the aftermath of Nelson lifting his hold, other LGBT groups stepped up the pressure for movement on the nomination when asked for comment by the Washington Blade.

Fred Sainz, vice president of communications for the Human Rights Campaign, is among those calling for Rubio to take action.

“He should return the blue slip and allow this well-qualified jurist to get confirmed by the U.S. Senate,” Sainz said. “The federal district court system is already backlogged. There’s no good reason why justice should be further delayed when Judge Thomas is ready, willing and able to serve.”

Sharon Lettman-Hicks, CEO of the National Black Justice Coalition, said as a Floridian for more than 25 years, she’s “disgusted” by Rubio’s lack of action on the Thomas nomination.

“By the accounts of Florida’s Federal Judicial Nominating Commission and even Senator Rubio, himself, Judge Thomas has been a principled jurist who would serve our nation with distinction on the federal bench,” Lettman-Hicks said. “Judge Thomas deserves a nomination process unobstructed by the malevolent politics of the right-wing agenda, and it is inexcusable that Senator Rubio would block the nomination of such a highly qualified and exemplary candidate, particularly at a time when our judicial system is hemorrhaging with a bevy of judicial vacancies in critical seats.”

No one has alleged discrimination based on sexual orientation as a reason for the holdup on the Thomas nomination, although the Congressional Black Caucus last week drew attention to the fact that Rubio was holding up two black judicial nominees.

Shin Inouye, a White House spokesperson, joined in the calls for movement on the Thomas nomination after being silent last week when both Florida senators were holding it up.

“The president nominated Judge William Thomas more than eight months ago,” Inouye said. “This judicial vacancy has been declared a ‘judicial emergency,’ and the non-partisan American Bar Association has rated Judge Thomas ‘well-qualified.’ Unfortunately, his nomination continues to be stalled, and the Senate should promptly consider it without further delay.”

Thomas would be the first openly gay black male to serve on the federal judiciary; U.S. District Judge Deborah Batts — who was appointed by President Clinton in 1994 — is black and a lesbian.

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Congress

Senate parliamentarian orders removal of gender-affirming care ban from GOP reconciliation bill

GOP Senate Leader John Thune (S.D.) hoped to pass the bill by end-of-week

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(Washington Blade photo by Michael Key)

Restrictions on the use of federal funds for gender-affirming care will be stripped from the Republican-led Senate reconciliation bill, following a ruling by the Senate parliamentarian on Tuesday that struck down a number of health related provisions.

The legislation banned coverage for transgender medical care through Medicaid and the Children’s Health Insurance Program, language that was also included in the House version of the bill passed on May 22 with a vote of 215-214.

The parliamentarian’s decision also rejected Republican proposals for a Medicaid provider tax framework, which allows states to charge health care providers and use the funds to support their programs, along with broader cuts to Medicaid.

Amid calls to override Tuesday’s ruling from Republicans like U.S. Rep. Greg Steube (Fla.), GOP Senate Majority Leader John Thune (S.D.) told reporters “That would not be a good outcome for getting a bill done.”

He also acknowledged that the timing and schedule might have to be adjusted. Senate Republicans had hoped to pass the reconciliation bill by the end of this week, though this was not a legal or procedural deadline.

Dubbed the “one big, beautiful bill” by President Donald Trump, the legislation would extend tax breaks from 2017 that overwhelmingly benefit the wealthiest Americans and corporations. To cover the cost, which is estimated to exceed $4 trillion over 10 years, the bill would make drastic cuts to social welfare programs, particularly Medicaid.

Democrats are not in a position to negotiate across the aisle with Republicans holding majorities in both chambers of Congress, but for months they have been calling attention to the effort by their GOP colleagues to strip Americans of their health insurance to pay for the tax breaks.

The Congressional Budget Office estimates that 10.9 million people would lose their coverage, either through Medicaid or the Affordable Care Act marketplaces. Some Republicans like U.S. Sen. Josh Hawley (Mo.) are pushing back against the deep cuts to Medicaid, arguing they would be devastating for many of their constituents and also to hospitals, nursing homes, and community health care providers in rural areas.

In a statement emailed to the Washington Blade on Tuesday, U.S. Senate Democratic Whip Dick Durbin (Ill.) said, “Anti-trans extremists are attempting to use the full power of the government to hurt kids, and recent Supreme Court decisions in Skrmetti and Medina are enabling their quest.”

While today’s ruling by the Senate parliamentarian is a temporary win, I will keep pushing back on these shameful attempts to harm trans kids and their families for trying to live authentically,” said the senator, who also serves as ranking member of the powerful Senate Judiciary Committee.

U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Congressional Equality Caucus, also shared a statement with the Washington Blade addressing the parliamentarian’s ruling:

“This ruling by the Senate Parliamentarian is a win for the transgender people who rely on Medicaid and CHIP to access the healthcare they need to live fuller, happier, and healthier lives—but the fight is not over yet,” the congressman said.

 “Republican Senators must abide by her ruling and remove the ban from the final version of Trump’s Big Ugly Bill,” he said. “Yet, even with this provision removed, this bill is terrible for the American people, including trans Americans. Every Equality Caucus member voted against it in the House and we’re ready to do so again if the Senate sends it back to the House.”

The Human Rights Campaign issued a press release with a statement from the organization’s vice president for government affairs, David Stacy:

“The fact remains that this bill belongs in the trash. It continues to include devastating cuts to health care programs — including Medicaid — that would disproportionately harm the LGBTQ+ community, all so the already rich can receive huge tax cuts,” Stacy said.

“While it comes as a relief that the Senate parliamentarian concluded that one provision in the nightmarish reconciliation bill that would have denied essential, best practice health care to transgender adults does not belong, we aren’t done fighting,” he said. “With attacks on our community coming from many directions, including the Supreme Court, we will work to defeat this bill with everything we’ve got.”


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Congress

Murkowski, Shaheen reintroduce Global Respect Act

Bill would sanction foreign nationals who commit anti-LGBTQ human rights abuses

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Then-U.S. Ambassador to Hungary David Pressman marches in the 2024 Budapest Pride parade that took place against the backdrop of the Hungarian government's continued anti-LGBTQ crackdown. The Global Respect Act would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people. (Photo courtesy of Pressman's X account)

U.S. Sens. Lisa Murkowski (R-Alaska) and Jeanne Shaheen (D-N.H.) on Wednesday once again introduced a bill that would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people.

The two senators have previously introduced the Global Respect Act. Co-sponsors include U.S. Sens. Chris Van Hollen (D-Md.), Chris Murphy (D-Conn.), Jeff Merkley (D-Ore.), Cory Booker (D-N.J.), Peter Welch (D-Vt.), Brian Schatz (D-Hawaii), Edward Markey (D-Mass.), Tammy Baldwin (D-Wis.), and Ron Wyden (D-Ore.)

“Around the world, individuals who are part of the LGBTQ+ community are in danger for simply existing,” said Murkowski in a press release. “Hate and violence cannot and should not be tolerated. I’m hopeful that this legislation will establish actionable consequences for these inexcusable human rights violations, and create a safer world for all people — regardless of who they are or who they love.” 

Shaheen in the press release notes “the risk of personal harm for LGBTQI individuals for publicly identifying who they are or expressing who they love has tragically increased in recent years.”

“Human rights, as defined by the Universal Declaration of Human rights, recognizes that global freedom, justice, and peace depend on ‘the inherent dignity’ and ‘the equal and inalienable rights of all members of the human family,” said the New Hampshire Democrat. “LBGTQI human rights are universal human rights. We must ensure that we hold all violators of those rights accountable.” 

The promotion of LGBTQ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

The current White House has suspended most foreign aid. The elimination of these funds has left the global LGBTQ and intersex rights movement reeling.

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Congress

Garcia elected top Democrat on the House Oversight Committee

Gay Calif. lawmaker vows to hold Trump-Vance administration accountable

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U.S. Rep. Robert Garcia (D-Calif.) (Washington Blade photo by Michael Key)

U.S. Rep. Robert Garcia (D-Calif.) on Tuesday was elected top Democrat on the House Oversight Committee in a vote that signaled the conference’s overwhelming support for a newer voice on Capitol Hill who will play a key role taking on President Donald Trump.

With a margin of 150-63, the 47-year-old openly gay congressman defeated U.S. Rep. Stephen Lynch (D-Mass.), alongside U.S. Reps. Jasmine Crockett (D-Texas) and Kweisi Mfume (D-Md.) who exited the race after the House Democratic Steering and Policy Committee backed Garcia.

Serving only since 2023, the congressman has had a remarkably quick ascent leading up to his election this week as ranking member of one of the most powerful House committees, awarded a leadership position serving under House Democratic Whip Katherine Clark (Mass.) and selected as a co-chair of former Vice President Kamala Harris’s 2024 presidential campaign.

Democratic members began jockeying for the top seat on the oversight committee this spring after the late-U.S. Rep. Gerry Connolly of Virginia stepped away amid news that his esophageal cancer had returned. He died in May.

Connolly last year fended off a challenge from one of the most well known House Democrats, U.S. Rep. Alexandria Ocasio-Cortez (N.Y.), though with a narrower margin that signaled intra-party tensions over whether leadership roles should still be awarded based on seniority.

Garcia positioned himself as a bridge between the two camps — a consensus candidate with executive managerial experience as the former mayor of Long Beach, Calif. At the same time, particularly since the start of Trump’s second term, the congressman has emerged as one of the most outspoken critics of the new Republican regime.

In a statement on X Tuesday, Garcia thanked his colleagues and promised to “hold Donald Trump and his administration accountable.”

If Democrats win control of the House next year, the oversight committee will be able to exercise powers that are now available only to Republicans under the chair, U.S. Rep. James Comer (R-Ky.), which include the authority to investigate virtually any matter across the federal government, to issue subpoenas, and to compel testimony.

In the meantime, Garcia on Monday promised that Democrats on the committee would “vigorously fight” Republican Speaker Mike Johnson’s (La.) plans “to dismantle the Government Accountability Office.”

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