News
Grenell emails reveal internal talk on Trump era policy against Pride flag
U.S. embassies barred from rainbow flag on official poles
The latest emails from the State Department obtained by the Washington Blade via its lawsuit under the Freedom of Information Act reveal internal deliberation in the Trump administration over news reports about the prohibition of displaying Pride flags on the official pole at U.S. embassies.
Former U.S. Ambassador Richard Grenell, whose emails the Blade is seeking as the public face of a global initiative that pledged to decriminalize homosexuality, is repeatedly shown in the communications instructing his aides at the embassy in Berlin to give no comment to the media, including in response to an inquiry at the time from the Blade, on the flag policy for embassies.
“Thanks. Say nothing. I’m working it internally,” Grenell responds in an email chain after being updated on the latest media inquiries, which included requests from ABC’s Conor Finnegan, the Huffington Post, Buzzfeed, and CBS.
It’s unclear what, if anything, Grenell was doing as part of “working it internally” as news broke that embassies were barred from flying Pride flags on the official pole, or even whether he was seeking a substantive change as opposed to crafting talking points to mitigate the appearance of the Trump administration being anti-LGBTQ.
“No Fox or local German press but I suspect that the latter will be coming today once they wake up and read other coverage,” writes Joseph Giordono-Scholz, who was handling media relations for the embassy. “Will continue as discussed, no responses.”
In 2019, shortly after Grenell announced he’d spearhead a global initiative to decriminalize homosexuality on behalf of the Trump administration, U.S. embassies that had sought to raise the rainbow flag in recognition of June as Pride month were barred from doing so under guidance from the State Department.
Critics at the time jumped on the policy as further evidence the Trump administration was anti-LGBTQ, despite having recently launched the decriminalization initiative. Trump defenders pointed out the prohibition was limited to the official pole, was a general ban of flying any flag other than the U.S. flag, and embassies found other ways to display the Pride flag on their grounds.
Grenell didn’t respond Tuesday to the Blade’s request for comment on the meaning of “working it internally,” but Log Cabin Republicans, an organization close to Grenell, volunteered a message shortly after the Blade sent its inquiry to him.
Charles Moran, managing director of Log Cabin Republicans, said in the email the conception the Trump administration banned Pride flags at embassies is erroneous.
“We were very pleased that President Trump made it clear that pride flags could continue to be flown at embassies around the globe, despite logistical discussions internally being had at the State Department,” Moran said.
Attached in the email is an image of Moran standing below a pole with both a U.S. flag and a rainbow flag, which Moran said was taken at the U.S. Embassy Berlin on July 26, 2019, when he was en route to a decriminalization discussion forum being hosted there.
Asked by the Blade whether that was the official pole, Moran replied, “I don’t know what an ‘official pole’ is. It was a professionally installed flag pole, on the embassy next to the front door.” Moran didn’t respond to an additional follow up question on what he meant by Trump making it clear Pride flags would be allowed at embassies.
Morgan Ortagus, then-spokesperson for the State Department, defended former Secretary of State Mike Pompeo’s policy against Pride flags on as she acknowledged “Pride Month that we’re in right now celebrated around the world by many State Department employees, by many embassies.”
“The secretary has the position that, as it related to the flag pole, that only the American flag should be flown there,” Ortagus said.
The email chain within the U.S. embassy in Berlin on the news development began with Giordono-Scholz forwarding Grenell a link to a story from NBC News’s Josh Lederman, who broke the story on U.S. embassies being unable to fly Pride flags, followed by a subsequent email with the text of his article. The immediacy with which the aide sends the link in an email first before the story itself in a subsequent message suggests a sense of urgency in distribution and awareness the article would be forthcoming.
Other news outlets were quick to follow up, including the Blade, as evidenced by Giordono-Scholz’s follow up question to Grenell after sharing the initial NBC News story.
“CNN (Michelle Kosinski) just called, asked if we had anything to add,” Giordono-Scholz writes. “Wash Blade also just emailed. How would like me to respond to these and coming inquiries — just point them to the NBC statement you gave and refer back to DC on questions about the Dept?”
Grenell was succinct in response: “Say nothing. Right now don’t respond.”
Giordono-Scholz acknowledges the instructions from Grenell in a subsequent email, which also notifies him of an inquiry from the Washington Post’s Carol Morello.
“Will continue to let you know about inquires but not respond to any,” Giordono-Scholz writes.
The emails were obtained in a FOIA production from the State Department this week as a result of a lawsuit filed by the Blade with attorneys at the law firm Davis Wright Tremaine LLP. The litigation was filed in August 2021 after interminable delays in production of communications, which the Blade initially sought by a FOIA request in September 2020.
The State Department has identified tens of thousands of emails potentially responsive to the Blade’s request and is expected to release those it deems to be responsive periodically as a result of an agreement in the litigation.
Also ensnared in the latest email dump are communications on other foreign policy topics, including the Nord Strom 2 pipeline and Iran’s seizure of oil tankers. Many of these emails reveal a preoccupation with using tweets as a tool to convey foreign policy messages with little else mentioned in terms of engagement.
“I’m watching. Already tweeted about it ;)” Grenell responds when an aide informs him that Iran has seized oil tankers.
Evyenia Sidereas, political minister-counselor at the U.S. embassy in Berlin, responds: “My twitter alerts can’t keep up :),” which prompts Grenell to reply: “I’ve been a little busy today. Lol.”
The emphasis on Twitter is also seen after an aide in May 2019 brings to Grenell’s attention the Kenya high court has affirmed the country’s law against homosexuality. An aide (whose name the State Department redacted in the email) informs him then-U.S. Ambassador Kyle McCarter is set to have a meeting with staff “to discuss whether he’ll issue a statement” and the embassy in Nairobi had updated the State Department while awaiting further guidance.
“I’ll tweet about this one, too,” Grenell says. “Can you make a suggestion and I’ll tweet Hungary today. Kenya tomorrow.” (It’s unclear what the reference to Hungary was regarding.)
In terms of discussion at the U.S. embassy on the Kenya decision, whatever was considered apparently didn’t bear fruit. The Blade couldn’t immediately find any public statement on the Kenya decision from McCarter in his capacity as a U.S. ambassador during the Trump administration. McCarter didn’t respond to the Blade’s request to comment for this article.
In 2018, McCarter was grilled during his Senate confirmation hearing on his record as an Illinois state legislator who opposed LGBTQ rights, including his vote against an anti-bullying measure after stating he believed it would promote homosexuality. McCarter also had a history of misogynistic tweets and in 2016 tweeted: “Hillary for Prison. No, really.”
Much of the focus on the Trump administration’s global initiative appeared to be Iran, which has been an antagonist on the global stage and more so after Trump withdrew from the Iran deal. Iran is also one of the countries where homosexuality is not only criminalized, but punishable by death.
Although Grenell has publicly disputed Iran was the focus, he was quick to provide a quote to his assistant seeking a response from him after the country’s foreign minister affirmed its anti-gay policy in response to questions from a reporter with a German newspaper.
“The UN’s Declaration of Human Rights makes clear that these answers from the Iranian regime are violating basic UN principles,” Grenell writes. “UN members should agree with the Declaration in order to be members. Criminalizing homosexuality violates the Declaration, plain and simple.”
Grenell’s response was later found online in an article in The Jerusalem Post, which covered reaction to the news in an article titled, “Iran’s FM affirms right to execute gays and blasts U.S. and Israel.”
Virginia
Miyares joins efforts to fight Title IX changes
Republican Va. AG part of multi-state effort
BY NATHANIEL CLINE | Virginia Attorney General Jason Miyares has joined a multi-state effort to stop new Title IX rules from going into effect.
The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ students has come under attack by Republican attorneys general in several states.
Miyares called the changes a “dangerous overhaul” of Title IX, and said the new rules would negatively impact students, families and schools in the commonwealth. The ruling also comes after Gov. Glenn Youngkin’s administration overhauled the commonwealth’s transgender student policies.
“The Biden administration’s unlawful rule would jeopardize half a century of landmark protections for women, forcing the administration’s social agenda onto the states by holding federal funding hostage,” Miyares said in a statement. “They are avoiding Congress and the constitutional process because they know it will not pass. We cannot roll back Title IX in the name of false equity.”
Attorney generals from Tennessee, Indiana, Kentucky, Ohio, and West Virginia have also signed onto the suit, which was filed in Tennessee. Separate lawsuits have been filed in other states, including Louisiana and Texas.
Title IX, which has undergone several transformations based on the political party in office, was created to address women’s rights and prohibits any federally funded school or education program from discriminating against any student based on sex since it was established in 1972.
The Department of Education said some differences compared to the previous version developed under the Trump administration, include protections against all sex-based harassment and discrimination, prohibits schools from sharing personal information, and supports students and families.
Narissa Rahaman, executive director for Equality Virginia, said in a statement that the rule prevents opponents from weakening “crucial” civil rights protections including for LGBTQ students by ensuring that pregnant and parenting students have a right to equal education opportunities, protecting student survivors and guaranteeing the rights of LGBTQ students to come to school as themselves without fear of harassment or discrimination.
“Students across races, places, and genders prove every day that they can do great things, especially when there are strong Title IX protections in place, which is why the Biden administration’s updates to the Title IX rules are essential to ensure every student can thrive at school,” said Rahaman.
The new rule is slated to take effect on Aug. 1 and will apply to complaints of alleged conduct that occurs on or after that date, according to the Department of Education.
Protections
While the ruling protects students and employees from all sex-based harassment and discrimination, it will also impact LGBTQ students and employees, including providing complete protection from sex-based harassment, and prohibiting schools from sharing personal information.
Schools must act “promptly and effectively” to protect and treat all students and staff who make complaints “equitably.” Schools must also provide support measures to complainants and respondents, and act to end any sex discrimination in their programs and prevent any recurrence.
The rule further clarifies the definition of “sex-based harassment,” which means to treat someone unfairly because of their gender; and the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
The federal agency said the changes will empower and support students and families by requiring schools to disclose their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights.
The final rule also protects against retaliation for students, employees, and others who exercise their Title IX rights, and supports the rights of parents and guardians to act on behalf of their elementary school and secondary school children.
The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions, which is something the Youngkin administration has opposed.
Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.
Virginia policies
In 2021, the first model policies for trans students were designed under former Gov. Ralph Northam to provide school officials guidance on the treatment of trans and nonbinary students and to protect the privacy and rights of these students.
However, some schools declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties.
The current policies adopted by the Youngkin administration were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.”
Virginia schools have also not fully adopted the newly revised policies, and state law has not changed since the policies were overhauled in 2023.
The Virginia Department of Education faces two lawsuits over the policies adopted by the Youngkin administration.
“All Virginia students, including our transgender and nonbinary students deserve to feel safe and welcomed at schools,” said Wyatt Rolla, a senior trans rights attorney with the ACLU of Virginia. “Accessing restrooms, locker rooms and other facilities that are necessary when you are at school learning is a key part of our schools being inclusive of those transgender [and] non binary students that are part of our community.”
Athletics not included
The provisions under the new Title IX rule did not mention anything about requiring schools to allow trans students to play on teams that align with their gender identity. Virginia has taken its own shot at banning trans athletes from competing in sports through legislation.
In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes, the Daily Progress reported.
The proposed policy would have matched with the administration’s current policies that students should be placed on teams based on their biological sex rather than their gender identity.
The Virginia High School League, which oversees interscholastic athletic competition for Virginia’s public high schools, allows for trans athletes to participate on teams that match their gender identity, but under certain conditions.
Simultaneously, lawmakers in the Virginia General Assembly controlled by Democrats killed bills, including Senate Bill 68, during the previous session that would have essentially banned transgender students from competing in sports.
State Sen. Tammy Brankley Mulchi (R-Mecklenburg), who carried Senate Bill 723, said students like her 6-year-old granddaughter should have a choice to play with their own gender during a Feb. 1 Senate Education subcommittee hearing.
Mulchi’s bill would have required schools and colleges to have separate sports for boys and girls based on their biological sex. Any dispute would require a note from a doctor.
“If she [my granddaughter] wants to play an all-girl sport, I want her to play against girls that were born girls and not play against someone that is much stronger than her or can hurt her and take away her chances of a scholarship,” Mulchi said.
However, state Sen. Stella Pekarsky (D-Fairfax) argued during the February hearing that whether students are competing with their respective biological sex or not “children of all ages, sexes have different builds and strengths and no children are alike on the same team.”
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Nathaniel is an award-winning journalist who’s been covering news across the country since 2007, including politics at the Loudoun Times-Mirror and the Northern Neck News in Virginia as well as sports for the Plain Dealer in Cleveland, Ohio. He has also hosted podcasts, worked as a television analyst for Spectrum Sports, and appeared as a panelist for conferences and educational programs. A graduate of Bowie State University, Nathaniel grew up in Hawaii and the United Kingdom as a military brat.
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The preceding article was previously published by the Virginia Mercury and is republished with permission.
Nonprofit. Nonpartisan. No paywalls. Fair and tough reporting on the policy and politics that affect all of us is more important than ever. The Mercury brings you coverage of the commonwealth’s biggest issues from a team of veteran Virginia journalists.
We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
Federal Government
US Census Bureau testing survey on LGBTQ households
Agency proposing questions about sexual orientation and gender identity
The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.
The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.
As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.
The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.
The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.
The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected].
The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to Manny Cosme, owner of CFO Services Group, who was named Small Business Owner of the Year, for Washington, D.C., by the Small Business Administration.
SBA Administrator Isabel Castillas Guzman said, “Our 2024 National Small Business Week award winners exemplify excellence, innovation, and commitment, and the SBA is proud to showcase their incredible achievements and impact on their communities and our economy.” Upon being notified of the award Manny said, “I am incredibly honored and humbled to receive the Small Business Owner of the Year award from the Small Business Administration. This recognition serves as a testament to my team’s hard work, dedication, innovation, and impact in our local community. As a small business owner, I have always strived to embody excellence in my company’s services and commitment to my clients. My team and I are proud to represent the thriving small business communities across the country, and we remain committed to driving innovation, growth, and positive change in our industry.”
Cosme is the founder and current president and CEO of CFO Services Group. The firm is focused on providing bookkeeping, outsourced accounting departments, and fractional CFO advisory services, to growing small businesses and non-profit organizations. The company is headquartered in D.C., with team members and clientele throughout the United States. In addition to working with private business and non-profit clients, CFO Services Group partners with various economic development agencies, such as local governments, chambers of commerce organizations, CDFIs and SBDC centers, to provide free financial literacy and technical assistance to businesses in underserved communities.
Manny has served as the Vice President of Finance & Administration for the United States Hispanic Chamber of Commerce. He recently served as the Finance Chair for the Greater Washington Hispanic Chamber of Commerce, and Vice President of the Equality Chamber of Commerce. He is often sought after in keynote discussions on entrepreneurism and finance for fellow business owners.
PHOTOS: Taste of Point
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US Census Bureau testing survey on LGBTQ households
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Comings & Goings
Pride season has begun
Judy Shepard to receive Presidential Medal of Freedom
Kenyan court bars homophobic protests
As You Are bar closes temporarily, citing problems with building
