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State Dept. pledges to raise concerns over Nigeria anti-gay law

Says United States does ‘regret’ passage of restrictive legislation

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Department of State, gay news, Washington Blade
Department of State, gay news, Washington Blade

The State Department says the United States does ‘regret’ passage of the anti-gay law in Nigeria. (Photo public domain)

State Department Deputy Spokesperson Marie Harf said on Monday the United States “will keep raising” concerns about Nigeria’s new anti-gay law, but maintained the relationship between the two countries will continue.

Under questioning from the Washington Blade, Harf said the State Department does “regret” the signing of the legislation by Nigerian President Goodluck Jonathan as she emphasized the country has a right to pass legislation through the democratic process.

“We just don’t support any legislation that institutionalizes discrimination against one select group of people, and I think one of the key reasons we are opposed to this is that the law goes far beyond prohibiting same-sex marriage,” Harf said. “It restricts freedom of assembly, association and expression for all Nigerians.”

As Secretary of State John Kerry noted in a statement earlier in the day, Harf said the law is “inconsistent” with the country’s international legal obligations and rights under its constitution.

“Obviously, we’ll keep raising these issues when they come up,” Harf said. “We’ve made our position on this very clear. It may make some work in the country harder to do, but we clearly have a relationship there that’s an important one, and we’ll continue working together.”

The law bans not only same-sex marriage and same-sex “amorous relationships,” but also membership in LGBT rights groups.

The Associated Press reports it’s now a crime in the country “to have a meeting of gays, or to operate or go to a gay club, society or organization.” Further, entering into a same-sex marriage contract or civil union is punishable by up to 14 years’ imprisonment.

During the briefing, Harf conceded that she didn’t immediately have a lot of information about the law, such as which international obligations it violates and whether the State Department had any prior knowledge Jonathan would sign the measure. Although she said she hasn’t heard any talk about possible sanctions against the country or a potential loss of aid as a result of the law, Harf said she’d have to double check.

But Harf was able to confirm that State Department officials were in contact with a variety of principals in Nigeria prior to the signing of the legislation.

“Since the law was in draft form, we’ve been in continual contact with the Jonathan administration, the National Assembly and a wide variety of Nigerian stakeholders,” Harf said. “Our conversations have been focused on our concerns that portions of the law, again, appear to restrict Nigerians’ rights to freedom of expression, assembly and association — provisions that we’ve been very clear we do not support.”

Harf wasn’t able to immediately identify who was representing the United States in those talks, including whether it was a senior diplomat or someone in a lower position.

According to the Associated Press, Nigeria is one of the top crude oil suppliers to the United States. A report from the U.S. Energy Information Administration indicates the U.S. oil imports from Nigeria are decreasing, but the United States imported 161,558 barrels of oil from the country in 2012.

News that the anti-gay legislation was signed in Nigeria is breaking after earlier reports a man in Cameroon died after being previously jailed for texting a same-sex partner and the Uganda parliament approved its own anti-gay legislation.

Harf said she wasn’t immediately able to say whether the State Department is concerned about an anti-gay trend in Africa, but maintained the Obama administration supports LGBT rights everywhere.

“We’ve talked about it elsewhere — whether it’s Russia, here or elsewhere — that we believe that LGBT rights are human rights, there’s no place for discrimination anywhere, such as this,” Harf said.

A partial transcript of the exchange between the Blade and State Department follows:

Washington Blade: Secretary Kerry issued a statement earlier today saying he’s “deeply concerned” about the passage of the anti-gay law in Nigeria, which contains punishments of up to 14 years in prison. Will passage of that law impact U.S.-Nigeria relations?

Marie Harf: Well, we did release a statement, and I would just note that we do regret that this bill, passed by Nigeria’s national assembly. was signed into law on Jan. 7.

Obviously, we respect the sovereignty of the Federal Republic of Nigeria and the prerogatives of its national assembly to pass legislation. We just don’t support any legislation that institutionalizes discrimination against one select group of people, and I think one of the key reasons we are opposed to this is that the law goes far beyond prohibiting same-sex marriage.

It restricts freedom of assembly, association and expression for all Nigerians. It’s inconsistent with Nigeria’s international legal obligations and undermines the democratic reforms and human rights protections enshrined in Nigeria’s constitution.

Obviously, we’ll keep raising these issues when they come up. We’ve made our position on this very clear. It may make some work in the country harder to do, but we clearly have a relationship there that’s an important one, and we’ll continue working together.

Blade: You just said it’s inconsistent with Nigeria’s international legal obligations. To which obligations are you referring?

Harf: I can check specifically with our attorneys and see what they intended with this part of the statement. Obviously, freedom of assembly, association and expression are topics we talk about a lot in terms of legal obligations, and also, anti-discrimination obligations as well. I can check if there’s more legal specifics to share.

Blade: Were there any conversations between State Department officials and Nigeria prior to the signing of this legislation?

Harf: There were. Let me what I have here. Since the law was in draft form, we’ve been in continual contact with the Jonathan administration, the National Assembly and a wide variety of Nigerian stakeholders. Our conversations have been focused on our concerns that portions of the law, again, appear to restrict Nigerians’ rights to freedom of expression, assembly and association — provisions that we’ve been very clear we do not support.

Blade: And who was representing the United States in those talks?

Harf: I can double-check and see who the specifics there are. I don’t have that in front of me.

Blade: The statement that the secretary put out was embargoed until an announcement from the Nigerian government. Did the State Department know this law was going to be signed beforehand?

Harf: I can check on that. Obviously, we’ve been discussions since it was in draft form and it passed. We were in discussions with the administration. I’m happy to check on that. Obviously, we allow governments to speak for themselves before we speak publicly about things as well.

Blade: Could sanctions or a loss of aid be on the table as a result of this law?

Harf: I haven’t heard talk of any of that. I’m happy to check with our folks. Again, we’ve made very clear what our position is on this, and I just don’t have a ton more on it. So, I know you probably have ten follow ups, but I’m happy to take them and see if I can answer them, but then we’ll move on.

Blade: Let me ask you one last question then. The news is breaking just after a man in Cameroon died after being sentenced for being gay and after Uganda passed its own anti-gay legislation — the parliament there. Is the State Department concerned about a larger trend in Africa about passage of anti-gay legislation?

Harf: I’m happy to check with our folks and see if there’s a trend that they’re concerned about. We speak very clearly for LGBT rights across the globe. We’ve talked about it elsewhere — whether it’s Russia, here or elsewhere — that we believe that LGBT rights are human rights, there’s no place for discrimination anywhere, such as this. So, we’re very clear whether it’s Africa or somewhere else that this is something we feel very, very strongly about. President Obama and the secretary have all made very clear statements to that regard. And I’m happy to check if there’s more details on this if you have more follow-ups.

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Federal Government

Inside the LGBTQ records of Todd Blanche and Markwayne Mullin

Two men are acting attorney general, DHS secretary

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From left, Acting U.S. Attorney General Todd Blanche and Homeland Security Secretary Markwayne Mullen (Photos public domain)

President Donald Trump became famous for his use of the phrase “You’re fired!” while hosting the reality TV show “The Apprentice” in the early 2000s. However, during his time in the Oval Office, he has attempted to distance himself from that image.

Despite those efforts, the phrase once again comes to mind as Trump has fired two high-level female Cabinet members within the past month: Pam Bondi and Kristi Noem.

Their replacements — Todd Blanche at the Justice Department and Markwayne Mullin at the Department of Homeland Security — bring records that, while different in depth, both reflect limited support for LGBTQ protections and, in some cases, direct opposition.

Todd Blanche

Acting attorney general

Little has been found regarding Todd Blanche’s LGBTQ history prior to his role as acting head of the Department of Justice. Unlike those who have worked within the Justice Department’s Civil Rights Division or served as state attorneys general, he has not developed a public-facing legal ideology on LGBTQ issues.

Blanche attended American University for his undergraduate studies — like fellow Trump attorney Michael Cohen — where he met his future wife, Kristin, who was studying at nearby Catholic University in D.C.

He began his legal career as an intern at the U.S. Attorney’s Office in Washington, which eventually became a full-time position. He later worked as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003. He and his wife later married and had two children.

Blanche left the U.S. attorney’s office in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.

In his personal capacity, he represented several figures associated with Donald Trump and former New York City Mayor Rudy Giuliani, including Trump’s former campaign manager Paul Manafort, businessman Igor Fruman, and attorney Boris Epshteyn.

In 2024, Blanche switched from Democrat to Republican, aligning himself with Trump’s political orbit. He later served as Trump’s personal defense attorney in the New York State case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to bisexual adult film star Stormy Daniels.

Now the highest-ranking official at the Justice Department, Blanche has played a central role in overseeing the department and has been involved in leadership decisions tied to several controversial actions affecting LGBTQ people.

In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population,” if legal action were taken against NYU Langone. The hospital had “permanently” ended a program earlier that month after the Trump-Vance administration threatened to pull all federal funding if it continued prescribing puberty blockers and hormones to minors.

Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”

“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he said.

Blanche also echoed his predecessor’s public stance on limiting LGBTQ-related protections at the federal level, aligning with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessions in schools and limits lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.

Calling it “another great decision that came down today,” Blanche argued that the ruling “restores parents’ rights to decide their child’s education,” adding: “It seems like a basic idea, but it took the Supreme Court to set the record straight, and we thank them for that. And now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”

In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse, and rape under the Prison Rape Elimination Act. The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.

Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”

Blanche is also described as having a “strong belief in executive authority.”

Markwayne Mullin

Secretary of Homeland Security

While Blanche’s record is defined more by recent actions than a long paper trail, Markwayne Mullin brings a more established history on LGBTQ issues from his time in Congress.

The head of the Department of Homeland Security has served in Congress since 2013, in both the U.S. House of Representatives and U.S. Senate. He has been actively engaged in shaping restrictions and aligns with broader cultural rhetoric that frames anti-LGBTQ speech as protected expression.

In May 2016, Mullin criticized the Department of Education and the Justice Department’s “Dear Colleague” letter on transgender students, arguing that trans girls should not use girls’ restrooms in public schools.

By January 2021, Mullin and then-Hawaii Congresswoman Tulsi Gabbard had introduced a bill to prevent trans women from participating in women’s sports.

Mullin was not recorded as voting on the final passage of the Respect for Marriage Act, which codified federal recognition of same-sex and interracial marriage.

In 2023, Mullin received a rating of just 6 percent from the Human Rights Campaign.

While serving in the Senate and as a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion in federal programs. He has participated in broader Republican efforts questioning equity-based implementation of the Older Americans Act, including guidance related to sexual orientation and gender identity in aging services, arguing such policies could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security.

He was among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the House on Jan. 6.

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District of Columbia

Whitman-Walker Health to present ‘Pro Bono Excellence’ award to law firm

Health center set to celebrate 40th anniversary of legal services program

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Whitman-Walker Health’s Pro Bono Excellence award is named for Dale Edwin Sanders. (Photo courtesy of the family)

Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, announced it will present its annual Dale Edwin Sanders Award for Pro Bono Excellence to the international law firm McDermott Will & Schulte at a May 6 ceremony.

“This year’s award is especially significant as it coincides with the 40th anniversary of Whitman-Walker Health’s Legal Services Program, marking it as the nation’s longest running medical-legal partnership,” a statement released by Whitman-Walker says.

“As a national leader in public health, Whitman-Walker celebrates our partnership with McDermott to strengthen the health center and to enable Whitman-Walker to reach more medical and legal clients,” the statement adds.

“McDermott’s firm-wide commitment to Whitman-Walker’s medical-legal partnership demonstrates a shared vision to serve those most in need,” Amy Nelson, Whitman-Walker’s director of Legal Services, says in the statement. “Our work protects individuals and families who face discrimination and hostility as they navigate increasingly complex administrative  systems,” Nelson said.

“Pro bono legal services – like that of McDermott Will & Schulte – find solutions for people who have no place else to turn in the face of financial and health threats,” she added.

“Our partnership with Whitman-Walker Health is a treasured commitment to serving our neighbors and communities,” Steven Schnelle, one of the law firm’s partners said in the statement. “We are deeply moved by Whitman-Walker’s unwavering dedication to inclusion, respect, and equitable access to health care and social services,” he said.

The statement notes that the award for Pro Bono Excellence honors the legacy of the late gay attorney Dale Edwin Sanders. It says Sanders’s pro bono legal work for Whitman-Walker clients “shaped HIV/AIDS law for more than four decades by securing key victories on behalf of individuals whose employment and patient rights were violated.”

It says the Whitman-Walker Legal Services program began during the early years of the AIDS epidemic in the 1980s at a time when people with AIDS faced widespread discrimination and often needed legal assistance. According to the statement, the program evolved over the years and expanded to advocate for transgender people and immigrants.

Whitman-Walker spokesperson Lisa Amore said the presentation of the Dale Edwin Sanders Pro Bono Excellency Award will be held at the May 6 fundraising benefit for Whitman-Walker’s Legal Services Program. She said the event will take place at the offices of the DC law firm Baker McKenzie and ticket availability can be accessed here: https://www.whitman-walker.org/gtem-2026/

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Noticias en Español

La X vuelve al tribunal

Primer Circuito examina caso del reconocimiento de personas no binarias en Puerto Rico

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(Foto de Sergei Gnatuk via Bigstock)

Hace ocho meses escribí sobre este tema cuando todavía no había llegado al nivel judicial en el que se encuentra hoy. En ese momento, la discusión se movía entre decisiones administrativas, debates públicos y resistencias políticas. No era un asunto cerrado, pero tampoco había alcanzado el punto actual.

Hoy el escenario es distinto.

La organización Lambda Legal compareció ante el Tribunal de Apelaciones del Primer Circuito en Boston para solicitar que se confirme una decisión que obliga al gobierno de Puerto Rico a emitir certificados de nacimiento que reflejen la identidad de las personas no binarias. La apelación se produce luego de que un tribunal de distrito concluyera que negar esa posibilidad constituye una violación a la Constitución de Estados Unidos.

Este elemento marca la diferencia. Ya no se trata de una discusión conceptual. Existe una determinación judicial que identificó un trato desigual.

El planteamiento de la parte demandante se sostiene en el propio marco legal vigente en Puerto Rico. Los certificados de nacimiento de identidad no son registros históricos inmutables. Son documentos utilizados para fines actuales y esenciales. Permiten acceder a empleo, educación y servicios, y son requeridos en múltiples gestiones ante el Estado. Su función es operativa.

En ese contexto, la exclusión de las personas no binarias no responde a una limitación jurídica. Puerto Rico permite la corrección de marcadores de género en certificados de nacimiento para personas trans binarias desde el caso Arroyo González v. Rosselló Nevares. Además, el Código Civil reconoce la existencia de certificados que reflejan la identidad de la persona más allá del registro original.

La diferencia radica en la aplicación.

El reconocimiento se concede dentro de categorías específicas, mientras que se excluye a quienes no se identifican dentro de ese esquema. Esa exclusión es el eje de la controversia actual.

El argumento presentado por Lambda Legal es preciso. Obligar a una persona a utilizar documentos que no reflejan su identidad implica someterla a una representación incorrecta en procesos fundamentales de la vida cotidiana. Esto puede generar dificultades prácticas, exposición innecesaria y situaciones de vulnerabilidad.

Las personas demandantes, nacidas en Puerto Rico, han planteado que el acceso a documentos precisos no es una cuestión simbólica, sino una necesidad básica para poder desenvolverse sin contradicciones impuestas por el propio Estado.

El hecho de que este caso se encuentre en el sistema federal introduce una dimensión adicional. No se trata de un proyecto legislativo ni de una política pública en discusión. Es una controversia constitucional. El análisis gira en torno a derechos y a la aplicación equitativa de las leyes.

Este proceso tampoco ocurre en aislamiento.

Se desarrolla en un contexto donde los debates sobre identidad y derechos han estado marcados por una mayor presencia de posturas conservadoras en la esfera pública, tanto en Estados Unidos como en Puerto Rico. En el ámbito local, esa influencia ha sido visible en discusiones legislativas recientes, donde argumentos de carácter religioso han comenzado a formar parte del debate sobre política pública. Esa intersección introduce tensiones en torno a la separación entre iglesia y Estado y tiene efectos concretos en el acceso a derechos.

Señalar este contexto no implica cuestionar la fe ni la práctica religiosa. Implica reconocer que, cuando determinados argumentos se trasladan al ejercicio del poder público, pueden incidir en decisiones que afectan a sectores específicos de la población.

Desde Puerto Rico, esta situación no se observa a distancia. Se experimenta en la práctica diaria. En la necesidad de presentar documentos que no corresponden con la identidad de quien los porta. En las implicaciones que esto tiene en espacios laborales, educativos y administrativos.

El avance de este caso abre una posibilidad de cambio en el marco legal aplicable. No porque resuelva de inmediato todas las tensiones en torno al tema, sino porque establece un punto de análisis jurídico sobre una práctica que hasta ahora ha operado bajo criterios restrictivos.

A diferencia de hace ocho meses, el escenario actual incluye una determinación judicial que ya identificó una violación de derechos. Lo que corresponde ahora es evaluar si esa determinación se sostiene en una instancia superior.

Ese proceso no define un resultado inmediato, pero sí establece un nuevo punto de referencia.

El debate ya no es teórico.

Ahora es judicial. 

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