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Obama nominates black lesbian to serve on federal judiciary

Yandle a known supporter of greater diversity in legal profession

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President Obama nominated a black lesbian on Thursday to the federal judiciary. (Washington Blade photo by Michael Key).

President Obama nominated a black lesbian on Thursday to the federal judiciary. (Washington Blade photo by Michael Key)

President Obama added to his list of openly gay judicial appointments on Thursday by naming a black lesbian to serve on the federal court.

Obama nominated Staci Michelle Yandle for a seat on the U.S. District Court for the Southern District of Illinois on Thursday as part of a group of four nominees.

“I am pleased to nominate these distinguished individuals to serve on the United States District Court bench,” Obama said in a statement. “I am confident they will serve the American people with integrity and a steadfast commitment to justice.”

Yandle, who was recommended by Sen. Richard Durbin (D-Ill.), will need confirmation from the U.S. Senate before she’s seated on the bench.

In a statement, Durbin called Yandle an “excellent candidate” to serve on the federal judiciary in Illinois.

“She will bring a wealth of knowledge and litigation experience to the position,” Durbin said. “I am pleased that President Obama has nominated her today. I will be working with Senator Kirk to see her nomination approved by the Senate.”

The U.S. Senate has already confirmed a total of eight openly gay judges to the federal bench, and Obama named seven of the them. If confirmed, Yandle would be the first openly gay person to serve Illinois on the federal judiciary.

In an interview with Trial Associate in July, Yandle said she thinks the plaintiff bar can be more diverse “whether you are talking about ethnic, gender, or sexual orientation diversity” — a rule she said could apply to any profession.

“The plaintiff bar needs to be more embracing of the lesbian, gay, bisexual, and transgender (LGBT) community,” Yandle said. “When I first started practicing, for a while I did not feel comfortable acknowledging my sexual orientation because I didn’t want it to cost me my job. I wanted to be judged on my merit and my merit alone. Many members of the LGBT community still have that fear. We are a traditional profession that is conservative in many ways.”

According to a bio provided by the White House, Yandle has served as a solo practitioner in southern Illinois since 2007, where she focused her practice on civil litigation in federal and state court. She received her law degree in 1987 from the Vanderbilt University and her bachelor’s degree from the University of Illinois in 1983.

Yandle has also engaged in public service, serving by appointment on the Illinois Gaming Board from 1999 to 2001 and on the Illinois Advisory Committee to the U.S. Commission on Civil Rights in the 1990s.

LGBT advocates praised the Yandle nomination for its potential to add diversity to the federal judiciary.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, was among those praising Obama for his choice.

“The nomination of Staci Michelle Yandle is further evidence that the administration is committed to building a judiciary that reflects the diversity of our country,” Cole-Schwartz said. “She is a highly qualified nominee who will serve with distinction.”

Denis Dison, spokesperson for the Gay & Lesbian Victory Fund, said the confirmation of Yandle to the federal judiciary would enhance the diversity of the courts.

“Our government, including the judiciary, works best when it benefits from the perspectives and experiences of all Americans, so we applaud the president’s effort to increase diversity on the federal bench,” Dison said. “Staci Yandle’s nomination is also a reminder of the enormous talent, professionalism and diversity that exists within the American LGBT community, and we congratulate her on this achievement.”

But Yandle wasn’t the only openly LGBT nominee that Obama named on Thursday. Shamina Singh, executive director for the MasterCard Center for Inclusive Growth, was nominated for a seat on the Board of Directors of the Corporation for National & Community Service

Yandle wouldn’t be the first openly lesbian African American to serve on the federal judiciary. That distinction belongs to Deborah Batts, whom the Senate confirmed during the Clinton administration in 1994 for a seat on the U.S. District Court of the Southern District of New York.

It’s also not the first time that Obama has nominated an openly LGBT black person to serve on the federal judiciary. In November 2012, Obama nominated William Thomas for a seat on the U.S. District Court for the Southern District of Florida.

However, after initially recommending the nominee, Sen. Marco Rubio (R-Fla.) objected to Thomas and held up the nomination. After no action was taken on the nomination over more than a year, Obama didn’t renew his recommendation of Thomas at the start of the year.

In related news, another openly LGBT judicial nominee advanced in the Senate on the same day that Obama named Yandle for a seat on the federal courts.

The Senate Judiciary Committee reported out Judith Levy, whom Obama nominated in July for a seat on the U.S. District Court for the Eastern District of Michigan, by voice vote as part of a group of 32 nominees. She currently serves as an assistant U.S. attorney in Michigan.

D’Arcy Kemnitz, executive director of the LGBT Bar Association, praised the committee for moving forward with the Levy nomination and urged the full Senate to confirm her.

“Just as women, African Americans, Latinos and others have made our judicial system stronger through their expertise and experiences, openly lesbian, gay, bisexual and transgender judges and attorneys also ensure our courts reflect our country,” Kemnitz said. “We now call on the full Senate to vote on Levy’s nomination without delay.”

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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