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Celebrate Bostock, for now

Religious questions continue to shape scope of legal protections

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Bostock, gay news, Washington Blade
Gerald Bostock speaks to reporters on the steps of the U.S. Supreme Court building on Oct. 8, 2019. (Washington Blade photo by Michael Key)

In what is at least the biggest victory for LGBTQ Americans since the 2015 decision legalizing same-sex marriage, last month the Supreme Court held that employers who fire employees for their sexual orientation or gender identity violate Title VII of the Civil Rights Act.

But under what circumstances will religious employers be subject to, and their employees protected by, the rule the Court announced?

Let’s start with the positive. The decision in Bostock v. Clayton County, Georgia and the two cases consolidated with it arguably expands the civil rights of LGBTQ Americans more broadly than the Court’s previous gay rights decisions. While the Court’s earlier decisions affirmed for LGBTQ people what retired Justice Anthony Kennedy dubbed “equal dignity in the eye of the law,” in practice they benefited LGBTQ people primarily in the context of our romantic, marital, and sexual relationships. Monday’s decision establishes the equality of LGBTQ individuals as individuals, of sexual orientation and gender identity as categories of human personhood.

This should be a time of nearly unalloyed celebration for LGBTQ Americans, our families, friends, and allies. Though we mourn the loss of two of the plaintiffs in the cases, Donald Zarda and Aimee Stephens, who did not survive to see justice done, the decision has far-reaching implications we have waited a long time for. But the Court’s opinion, authored by Justice Neil M. Gorsuch and joined by Chief Justice John G. Roberts, Jr. and the court’s four liberal members, also signaled where the next front in the battle for LGBTQ equality will be drawn.

Religion, as Justice Stephen Breyer commented at October’s oral arguments, “is the elephant in the room.” It was not for nothing that numerous faith-based organizations attempted to sway the Court’s thinking. National evangelical associations and the U.S. Conference of Catholic Bishops weighed in on behalf of employers who had fired gay and transgender employees, warning that a decision like the one the Court handed down this week “will trigger open conflict with faith-based employment practices of numerous churches, synagogues, mosques, and other religious institutions.” But the Court heard from religious voices on the other side of the spectrum as well, with progressive Muslim, Jewish, and Christian groups urging the justices to affirm the God-given equality of all individuals and prohibit discrimination in our increasingly pluralistic society.

Justice Breyer was right about the place of religion in the cases decided in June, because they did not explicitly feature arguments about religious freedom. Title VII does include an exception for religious organizations that wish to make employment decisions on the basis of their employees’ religious beliefs. Over the past 40 years, lower courts and the Supreme Court have added a separate, judge-made exception that, in the name of avoiding First Amendment problems, frees religious institutions from Title VII when it comes to the hiring and firing of those whom the courts deem “ministers.” And, as Justice Gorsuch observed, the federal Religious Freedom Restoration Act (RFRA) might also “supersede Title VII’s commands in appropriate cases.”

But most objections to the full equality of LGBTQ Americans rest on religious grounds, and so it is not surprising that questions about religion continue to shape the scope of legal protections for LGBTQ citizens.

We will not have to wait long for the next salvo in what has become an ongoing conflict between antidiscrimination laws and assertions about religious freedom.

In May, two Trump administration cabinet departments proposed enabling healthcare providers and homeless shelters to turn away, for reasons of conscience, those who identify as transgender. Later this term—maybe even this week—the Supreme Court will hand down its decision in a second set of discrimination cases. Teachers at two Catholic elementary schools in the Archdiocese of Los Angeles claim they were fired for legally impermissible reasons: one because of a cancer diagnosis that rose to the level of a disability, the other because of age. The schools have argued that because the teachers performed “important religious functions,” they are covered by Title VII’s “ministerial exception” and, therefore, the schools’ employment decisions merit categorical immunity from antidiscrimination laws.

Whether in the context of sexuality, disability, or age, situations like these demand that courts and legislators walk a very narrow tightrope. The success of our pluralistic society requires that we neither ignore sincerely held doctrines religious institutions follow when deciding whom to permit to minister in their name, nor that we defer so blindly to religious institutions that any invocation of faith becomes a shield against laws written to govern everyone, including antidiscrimination laws. It is troubling that, in recent years, some courts and administrative agencies have refused to decide disputes involving religiously affiliated employers, hesitating even to inquire whether they have jurisdiction in individual cases.

The Supreme Court did not need to, and therefore did not, resolve these complex questions in its landmark ruling in Bostock. But the questions keep turning up, in cases involving bakers and photographers, teachers and organists. For the peace of mind of all who work in and patronize institutions with a religious mission, sooner or later the Court will have to decide. Whether that day will also be a day of celebration for LGBTQ Americans remains to be seen.

Patrick Hornbeck is chair and professor of theology at Fordham University, where he is also a JD candidate at Fordham Law School.

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Trump, Netanyahu, and Putin are all war criminals

We are living in a world of chaos as a result

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From left, Vladimir Putin, Benjamin Netanyahu and Donald Trump (Photo of Putin by vverve; photo of Netanyahu by palinchak; photo of Trump by andykatz / Bigstock)

Today there are war criminals leading three major governments. President Trump here in the United States, Benjamin Netanyahu in Israel, and Vladimir Putin in Russia. The world would be a better place if they were thrown into a jail cell together, and the key tossed away. 

We are living in a world of chaos. Although these three are not responsible for all of it, they have a major role. All three are carrying out wars that they can’t win. Wars that should have never been started. In the process they are not only killing their stated enemies, but they’re also causing the deaths of their own people. 

Here in the United States, we have a felon in the White House, who has done nothing but create chaos in the world since he took office. He has broken every promise he made to get elected, and while many of us knew they were all lies, he won anyway. He promised lower rents, lower mortgage rates, lower inflation, lower gas prices, lower grocery prices, and importantly, no new wars. He has accomplished the exact opposite in each of those areas. He began a war with Iran and started by bombing a school, mistake or not, killing innocent children. This after declaring war on immigrants here at home using his ICE Gestapo. He apparently thinks if he creates chaos, and then gets things back to close to where they were before he acted, he can claim victory.  But even that seems out of his reach. 

Then there is Prime Minister Netanyahu in Israel. His actions have made things worse not only for his enemies, but for Israelis at home, and Jews around the world. He began a war against Iran that he can’t win. He has committed war crimes against the Palestinian people in Gaza, and the West Bank, and by his actions brought out more anti-Semitism around the world. For me personally, he has made it more difficult to explain to people when I say I am a Zionist, it means I support the existence of the State of Israel, not its war criminal leader, and his government. He should have heeded what President Biden said to him after the Oct. 7 attack on Israel by Hamas. While retribution and getting back the hostages Hamas took was crucial, Biden counseled not to go overboard in response, like the United States did after 9/11. Instead, Netanyahu has killed thousands of Palestinian women and children, and has not made Israel much safer. He then began the war with Iran, and sent troops to fight in Lebanon. Yes, the Iranian government funds Hezbollah and Hamas, but one must ask if anything is better after Netanyahu’s actions. Israelis continue living in a state of active war. 

Then there is Putin in Russia. He believed he could attack Ukraine and walk away with pieces of their country, maybe even all of it. Instead, he has Russia embroiled in a four-year war, killing thousands of Ukrainians, including many women and children, destroying parts of their country, and losing thousands of his own troops in a war he can’t win. His own people are suffering, and now, four years later, Ukraine has shown it still has the ability to attack Moscow. All three of these men have managed to show the weaknesses of their own countries.

In his effort to bluster through his many failures, Trump has destroyed relationships with our allies. It will take years, if ever, for them to trust the United States again. He invaded Venezuela and stole their oil, is starving Cuba, and created unease with Canada and Mexico on our own borders. He thinks this makes him look like a strongman, when it really shows all of his weaknesses. People should remember the treaty he abrogated with Canada and Mexico, was one he negotiated in his first term. Now he invites Chinese President, Xi, to the United States, and gives him the same red-carpet welcome he previously gave to Putin in Alaska, and in both cases, received nothing in return. He tries to keep the press he doesn’t like from having access to him. 

All three are facing crucial elections that could severely impact their futures. Only Putin, a true dictator, is assured of winning because he controls the process. Trump is trying to emulate him, to keep from losing the Nov. 3, mid-term elections. Thankfully the courts are trying to stop him. Netanyahu could face being thrown out on Oct. 27, if Israelis do the right thing. 

Again, I truly believe putting the three of them in a jail cell together would make our troubled world a little safer, and a much better place. 


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

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Center Arts Gallery celebrates 10 years with reception, auction

Oct. 17 fundraiser to feature jazz combo, artwork created on site

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(Photo by Gilmanshin/Bigstock)

Ten years ago, I had a vision: to create a dedicated space within The DC LGBTQ+ Community Center for local LGBTQ+ artists to share their creativity in a community space conceived specifically for them. That vision became the Center Arts Gallery. Over the past decade, the Center Arts Gallery has grown into a true home for our LGBTQ+ siblings, a place illuminating our joy, resistance, and resilience through the power of art.

Art is so much more than decoration. It can be a powerful protest, a keeper of memories, a testament to survival, and a vivid reminder that our lived experiences deserve to be seen, heard, and deeply valued. When we created the Center Arts Gallery, our goal was to remove barriers so that queer artists could feel welcomed, supported, and completely free to express themselves. Now, as we mark the incredible 10th anniversary of Center Arts, love truly comes full circle as many of those same amazing artists and creatives are giving back by donating their artwork for a special benefit auction.

On Saturday, Oct. 17, 2026, The DC LGBTQ+ Community Center will host our annual Fall Reception and Art Auction, celebrating 10 years of Center Arts Gallery at 1827 Wiltberger St., N.W., with an ambitious fundraising target of $25,000. 

Appropriately themed “The Art of Belonging,” this milestone celebration will bring our community together with intention, uniting multiple forms of local queer creativity under one roof. The evening promises to be an unforgettable experience. 

We are thrilled to have the celebration hosted by award-winning spoken word artist, poet, and educator Charity Blackwell. Attendees will enjoy smooth jazz selections performed by 2nd Independence — a jazz combo from the DC Different Drummers — alongside delicious heavy hors d’oeuvres provided by Shaw Tavern and exquisite dessert offerings by celebrity chef Patrick Vanas.

Throughout the night artwork will be created live on site, joining the online pieces generously donated by local artists.

Most importantly, every dollar raised during the reception and auction goes directly toward sustaining The DC Center’s life-affirming programs and supportive services. From food assistance providing nourishing meals, the free food pantry, and behavioral health counseling, to trauma-informed case management, resource navigation, HIV/STI testing, and essential hygiene services like showers, laundry, and a clothing boutique, our doors remain open because

of community support. These funds also support our cyber lounge, mail and locker services, harm reduction supplies, and critical wellness programs.

To ensure that everyone in our community can fully participate, ASL interpretation will be provided during the event program. We offer flexible ways to join us: General Admission is free (currently at capacity), with custom signature cocktails, wine, and beer available for purchase.

For those looking for an elevated evening, our $75 VIP Experience includes early admission at 6 p.m., early online auction access, complimentary Champagne (6-7 p.m.), an intimate opportunity to mingle with participating artists, a special swag bag, plus an open beer and wine bar throughout the entire evening.

For 10 years, Center Arts Gallery has shown us that belonging is an art form we create together. As we look back on a decade of community and look forward to the future, I invite you to join us, support local queer artists, and invest in the essential programs that keep our community thriving. Let’s come together to ensure that The DC Center can continue to educate, empower, uplift, and connect us all for generations to come.


Kimberley Bush is executive director of The DC LGBTQ+ Community Center.

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Opinions

The facts about Victory Fund’s investigation and the path forward

Probe did not find legal or policy violations by Evan Low

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Gov. Andy Beshear (D-Ky.) speaks with Victory Fund President and CEO Evan Low at the LGBTQ+ Victory Fund National Champagne Brunch on April 19. (Washington Blade photo by Michael Key)

William Waybourn helped found an organization whose mission has never been more important, but his recent op-ed in the Washington Blade leaves readers with a fundamentally inaccurate impression about how the LGBTQ+ Victory Fund and Institute Boards responded to concerns raised about our organizations, their leadership, and our governance responsibilities. 

The boards did not dismiss or minimize concerns. We did what responsible governing bodies should do: We took them seriously, retained experienced independent legal counsel, and authorized a thorough investigation to establish the facts.

The investigation proceeded without interference from the boards or organizational leadership, and the full boards were briefed on its eventual finding.

The conclusion matters: The investigation did not substantiate any legal or policy violations. After the briefing, the boards voted unanimously to accept the findings and close the investigation.

An independent investigation is meaningful only if we are prepared to respect its conclusions — whatever they may be. In this case, after reviewing the investigation and its findings, the boards continue to have confidence in President and CEO Evan Low.

That does not mean our work as governing bodies is finished or that any organization is beyond improvement. The boards will continue to work with staff strengthening Victory, including reviewing and updating policies to ensure they reflect best practices and support a strong working environment.

We can take matters raised seriously while also being clear about what an independent investigation did and did not find. Those are not contradictory positions. In fact, maintaining both is essential to treating everyone involved fairly.

Victory has endured for more than three decades because its mission is bigger than any one individual — a founder, board member, CEO, staff member, candidate, elected official, or donor. Generations of people have built Victory into an indispensable force for LGBTQ+ political representation, and those entrusted with governing it today take seriously our responsibility to protect that legacy and strengthen Victory for what comes next.

And what comes next could not be more consequential. Election Day is weeks away, LGBTQ+ candidates across the country are facing enormously important races, and our community continues to confront attacks on our rights and representation.

We will continue exercising the oversight expected of us, strengthening the Victory organizations, and focusing on the urgent work Victory was created to do: training and helping elect LGBTQ+ leaders, and ensuring our community has a voice wherever decisions about our lives are made.

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