National
California guv pardons Md. man for 1967 gay sex conviction
Newsom says Pachnowski subjected to ‘stigma, bias, ignorance’

California Gov. Gavin Newsom on July 1 granted a pardon for an 82-year-old bisexual Maryland man for his conviction in Orange County, Calif. in 1967 on a charge of lewd conduct after he was caught having sex with another man in a car parked in a secluded area in Long Beach.
Newsom’s decision to approve a pardon for Henry Pachnowski, who currently lives in Silver Spring, Md., came after Pachnowski, with the help of his lawyer, submitted an application for the pardon last fall in which he explained the circumstances of his arrest more than 54 years ago.
“I engaged with consensual intimacy with a male partner in a deserted industrial area in his car and was caught by a security guard who said we had gone against ‘God and nature,’” Pachnowski stated in his pardon application form sent to the governor’s office.
“He turned us into the police, and I pleaded guilty to a lewdness charge in exchange for the dropping of a ‘sex perversion’ charge,” Pachnowski states in the application. “A pardon would not only recognize and remedy the injustice that I suffered from being targeted and convicted because of my sexuality, it would also ensure that I do not face any future obstacles, such as employment and housing-related ones, stemming from this conviction.”
The pardon granted by Newsom for Pachnowski was one of 17 gubernatorial executive pardons he issued on July 1, according to a statement released by his office. In his official declaration pardoning Pachnowski, Newsom explains the circumstances surrounding Pachnowski’s arrest and conviction and his reason for granting the pardon.
“On August 24, 1967, the Superior Court of California, County of Orange, sentenced Mr. Pachnowski to three years of probation and 10 days in jail for misdemeanor solicit lewd act,” Newsom states.
“Mr. Pachnowski was convicted and sentenced pursuant to a charge commonly used, and used in this case, to punish men for engaging in consensual adult sexual conduct with other men, criminalizing them based on stigma, bias, and ignorance,” he states in the pardon declaration. “With this act of executive clemency, I acknowledge the inherent injustice of the conviction,” Newsom states.
“By the laws of this state it is proper that I, as Governor of the State of California, give testimony that Mr. Pachnowski merits this pardon,” Newsom wrote in his declaration, adding that under California’s constitution and statutes he grants to Henry Pachnowski “a full and unconditional pardon for the above case.”
Pachnowski, who along with his parents, is a Nazi Holocaust survivor, said he applied for the pardon at the advice of his attorney, who had been helping him renew his permanent U.S. residence status after decades of uncertainty as a “stateless” person.
He told the Blade in an interview on Wednesday that he was born in Germany in 1940 after his parents, who are from Poland, were taken against their will to Germany following the Nazi takeover of Poland, where they were placed in a forced labor camp. After surviving the dangers in Nazi Germany during World War II, Pachnowski said he and his family remained in Germany until 1951 when they immigrated to the U.S.
But because he couldn’t claim citizenship legally from Poland or Germany, his decades of living in the U.S. have been marked with uncertainty, he said, from an immigration standpoint.
Jayesh Rathod, a professor with the Immigrant Justice Clinic at American University’s Washington College of Law, has been serving as Pachnowski’s attorney. Rathod told the Blade that after several years of interactions with U.S. immigration officials, Pachnowski was in the final stages of having his permanent U.S. residence status renewed and should be receiving his long sought Green Card.
Although a misdemeanor arrest like the one Pachnowski faced back in 1967 would not likely prompt immigration officials to deny his request for permanent residency, Rathod said he and others working on Pachnowski’s immigration case thought it would be best to seek a pardon for the conviction.
“We just wanted to get it off the record, both because of the immigration reason but also because we felt morally and legally it was an improper and unjust prosecution,” Rathod said.
“And I think it’s just great that the governor did this,” said Rathod. “It’s so important to kind of correct all these wrongs against the LGBTQ community,” he said. “Although it’s a relatively minor conviction, obviously it’s really significant for him and it’s important for the community.”
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.
Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.
“Suicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.
“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”
“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.”
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”
Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.
The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”
U.S. Supreme Court
Supreme Court hears oral arguments in LGBTQ education case
Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.
The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.
The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.
“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”
She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”
GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”
Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.
“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. “Ensuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.”
The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.
Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.
Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.
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