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 conditional 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.”      

By KYLE GOON | It was midmorning, and the March winds lashed against the faces of the players on the Ferals rugby team as they suited up at a park in Frederick. The turf was frozen.

Harper Ockert, 24, wrapped her left knee with tape, stabilizing her joint for the jarring hits to come. She had struggled to sleep the night before, but her anxiety was not strictly about the game.

She and her teammates were preparing to defy newly enacted rules set by the sport’s governing body. A nervous energy thrummed in her chest as she considered what her defiance meant.

Ockert is a transgender woman who plays for the Ferals — the women’s-plus team within the Baltimore Flamingos rugby club. Three of her teammates are trans women, too. They had played games for the Ferals before, but this match at Walnut Ridge Park was the team’s first since USA Rugby had shifted its policy to allow only people assigned female at birth to play women’s rugby.

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

A group of supporters crowded inside of the new Equality Loudoun Community Center in Leesburg, Va. on Saturday for an open house and ribbon-cutting ceremony. Air quality issues stemming from the wildfires in Canada required the ceremony to be held indoors. Local elected officials were joined by LGBTQ community organizers and supporters to mark the occasion.

The Virginia LGBTQ organization Equality Loudoun was founded in 2003 and organized the first Loudoun Pride Festival in 2022. The Equality Loudoun Community Center, located in the Village at Leesburg shopping area (1507 Dodona Terrace SE, Suite 105, Leesburg, Va.), will now house the organization’s community and youth programming.

“This is a day that we have anticipated for some time,” said Sean Murphy, Equality Loudoun vice president. “Equality Loudoun was founded in 2003 and has been migrating from place to place to wherever will have us to host our meetings, to host our gatherings. We are so grateful to our many, many allies that have provided space for us.”

Murphy continued, “We really have believed for a long time that it’s important for us to have a home, a place to anchor the community, a place for people to feel belonging, and a place for people to find one another, and find people who are like them and have something in common.”

Attendees of the ceremony included Leesburg Mayor Kelly Burk, Leesburg Vice Mayor Todd Cimino-Johnson, Leesburg District Supervisor Kristen C. Umstattd of the Loudoun County Board of Supervisors, and U.S. Rep. Suhas Subramanyam (D-Va.).

“I wish that there was a place like this when I was teaching,” Mayor Burk, a retired Loudoun County Public Schools special education teacher, told the crowd. “So often, I’d have a student, and there was nowhere to send them. They were looking around, trying to see: ‘who’s like me, where can I go, where can I relate, what is happening?’ Middle school is terrible for everybody. But it’s especially terrible if you’re different. And so, I congratulate you on the fact that you had the initiative to do this, the guts to continue it, and the tenacity to make it happen.”

Programming at the LGBTQ community center will include youth programming, game nights and support groups, according to Equality Loudoun Executive Director Katie Cash.

Cash told the Blade, “That’s actually a new thing that we’re branching into that we received a grant this year for: to focus on youth activities. So we’ll have youth support groups that we’re going to work with the Ryan Bartell organization on. Additionally, we’ll have other peer support groups that are run by organizations that are in the space. We’ll have craft nights, we’ll have activity nights, so it’ll be open for drop-in hours on different days as well. On top of normal programming that we’ve been doing as an organization, which can be a series of different craft [activities], social activities, game nights, movie nights, that we’ve been doing for years. Instead of hunting for locations.”

Equality Loudoun is primarily funded through donations, according to Cash. Those interested in supporting the work of the organization and community center can visit eqloco.org for more information.

When asked about future programming at the center, Cash told the Blade that they are seeking feedback from the community.

“We have all the dreams that we have for the space,” Cash said. “But everything’s built off of what kind of resources, what kind of events does the community want hosted? What will they come out for? What do they care about coming out for, and making sure that happens for them.”

Rep. Subramanyam told the Blade, “I’m just so excited about this community center. Equality Loudoun has been so instrumental to so many people in our community. And for them to finally have this center — and it’s been part of their vision for a long time — just is an incredible experience. So I’m so proud to be a supporter of them and I look forward to the center being a sanctuary and a place for people to turn to for many years to come.”

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