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President Biden nominates Ketanji Brown Jackson to the Supreme Court

“It is incumbent upon senators to give her a fair and timely confirmation without obstruction, honoring their Constitutional duty”

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Screenshot via NBC News on YouTube

WASHINGTON – In a ceremony in the Great Cross-Hall outside of the Blue Room at the White House Friday, President Joe Biden formally announced Ketanji Brown Jackson, currently a judge on the D.C. Circuit Court of Appeals, as his choice for the U.S. Supreme Court. The president’s choice of Jackson as the first Black woman to serve on the bench is historic.

Jackson, 51, is a favorite among progressives because of her background as a former public defender in D.C. and former clerk for U.S. Associate Justice Breyer, whose seat she would fill after his announced retirement this year if confirmed by the U.S. Senate.

Joni Madison, interim president for the Human Rights Campaign, hailed the choice of Jackson for her “integrity, professionalism and unwavering commitment to the Constitution.”

“Her tenure on the bench provides ample evidence that she is both prepared and trustworthy of this highest privilege, and responsibility, that comes with sitting on our highest court,” Madison said.

Madison declared the Human Rights Campaign supports Jackson: “After a careful review of her record, it is clear that Jackson’s demonstrated fidelity to the principles of our Constitution instills confidence that she will continue Justice Breyer’s legacy as a champion of equality.”

In terms of LGBTQ issues, however, Jackson’s record is not without its blemishes. She once worked as an adviser for a Baptist school in the Maryland suburbs that had a mission statement against LGBTQ people and abortion.

The now-defunct school, known as Montrose Christian School, had a statement on its website condemning homosexuality and abortion consistent with its religious views, as documented by the conservative Washington Examiner at the time of Jackson’s confirmation process for her current seat on the D.C. Court of Appeals.

The mission statement urged students to uphold a “Christian character,” which among other things in the views of the school, meant they should oppose “all forms of sexual immorality, including adultery, homosexuality, and pornography.” Abortion is also implicitly condemned in the mission statement: “We should speak on behalf of the unborn and contend for the sanctity of all human life from conception to natural death.”

Upon Jackson’s nomination, conservatives smarting from attacks on now U.S. Associate Justice Amy Coney Barrett during her confirmation process over her ties to religious groups with anti-LGBTQ views, as well as her affiliation with the anti-LGBTQ legal group Alliance Defending Freedom, may cynically highlight Jackson’s past affiliation with the school as a reason to attack her or progressives as hypocrites for not opposing her confirmation.

Jackson addressed her past work with the school during the confirmation process for her current job in response to questions from Sen. Richard Durbin (D-Ill.) , maintaining her role on the advisory board for Montrose Baptist Church was limited and she was unaware of its position statement.

“I was aware that Montrose Christian School was affiliated with Montrose Baptist Church,” Jackson said. “I was not aware that the school had a public website or that any statement of beliefs was posted on the school’s website at the time of my service. My service on the advisory school board primarily involved planning for school fundraising activities for the benefit of enrolled students. I did not receive any compensation for my service.”

Nan Hunter, an emeritus law professor at Georgetown University who has written about LGBTQ issues, previously downplayed in an email to the Blade Jackson’s affiliation with Montrose Christian School as evidence she would be hostile to LGBTQ people as a Supreme Court justice.

“Judge Jackson apparently volunteered for a year to help raise money for student services at a Christian school in the D.C. suburbs,” Hunter said. “There is no indication anywhere in her professional record or personal experience that she shares anti-gay views. In my opinion, her lifelong commitment to equality more than outweighs any concern that she might be biased against LGBT rights.”

Progressive groups were undeterred by Jackson’s work for Montrose Christian School in their support for her nomination.

“Equality California is proud to support President Biden’s historic nomination of Judge Ketanji Brown Jackson to the United States Supreme Court. An eminently qualified Black woman committed to equal justice for all, Judge Jackson will bring a powerful perspective and a wealth of legal knowledge to the nation’s highest court. Her strong record of protecting the civil rights of vulnerable communities, in particular, underscores Judge Jackson’s commitment to upholding the law and working to create a world that is healthy, just and fully equal for all LGBTQ+ people — and for the diverse communities to which we belong. Equally important in these trying times, she has demonstrated a strong commitment to safeguarding our democracy from those who seek to destroy it,” Tony Hoang Equality California’s Executive Director said in an emailed press statement to the Blade.

“There is so much at stake at this moment in our nation’s history — LGBTQ+ civil rights, racial justice, reproductive freedom, access to quality healthcare, climate change and the health of our most fundamental democratic institutions. We respectfully urge the U.S. Senate to confirm Judge Jackson without delay,” Hoang added.

Fatima Goss Graves, CEO of the National Women’s Law Center, said in a statement Jackson is “an eminently qualified public servant with distinguished experience as a federal judge.”

“As a district court judge, she ruled on over 550 cases and is renowned for her careful, methodical approach to ensuring equal justice under the law on reproductive rights, disability rights, and workers’ rights,” Graves said. “It is incumbent upon senators to give her a fair and timely confirmation without obstruction, honoring their Constitutional duty to advise and consent and their moral duty to treat her with the respect and dignity she deserves.”

A former clerk for Justice Breyer, Judge Jackson has broad experience across the legal profession – as a federal appellate judge, a federal district court judge, a member of the U.S. Sentencing Commission, an attorney in private practice, and as a federal public defender. Judge Jackson has been confirmed by the Senate with votes from Republicans as well as Democrats three times.

The National LGBTQ Task Force Action Fund released this statement from Kierra Johnson, Executive Director, in support of President Joe Biden’s nomination of Judge Ketanji Brown Jackson to the U.S. Supreme Court: 

The National LGBTQ Task Force Action Fund supports President Biden’s nomination of D.C. Circuit Judge Ketanji Brown Jackson to serve as the next Associate Justice of the United States Supreme Court. D.C. Circuit Judge Jackson is supremely qualified, which is exactly why she received bipartisan confirmation by the Senate to the appeals court with jurisdiction over the most complex federal issues. Her 2021 confirmation reflects the third time that Judge Jackson has been confirmed with bipartisan support

Diversity on the bench matters. As law professor and president and director-counsel of the NAACP Legal Defense Fund Sherrilyn Ifill has written, “The lack of racial diversity on our nation’s courts threatens both the quality and legitimacy of Judicial decision-making … Diversity on the bench can enrich judicial decision-making by including a variety of voices and perspectives in the deliberative process.”

Our nation’s highest court bench must reflect the diverse people of this country. The nomination and the confirmation of a well-qualified Black woman jurist to the Supreme Court is long overdue. Though not taught to us in schools, Black women jurists have long served with distinction on our nation’s court benches. White supremacy and the intertwined biases of racism and sexism have led 45 U.S. presidents to fail to ever nominate a Black woman for the Supreme Court. Today, that changed.   

It is about time that a Black woman is in the position to help shape the legal landscape of our nation at this critical moment. Black women have been highly engaged and responsible in securing our families, advocating for healthy communities, and actively participating in our democracy while inspiring others to do the same.  Our democracy, our constitutional rights to access information, our fundamental right to vote, the right to autonomy over our own bodies, and our right to live free from discrimination are under attack. We need the most qualified and fair-minded jurists on the bench and Judge Brown Jackson is eminently qualified to help get us on the correct path of justice and equity for all

Because I am confident that Judge Ketanji Brown Jackson will uphold the Constitution and do justice for the people, I call on Senators to swiftly confirm her nomination to the Supreme Court.” 

Judge Jackson has devoted the majority of her career to serving the public—as a U.S. Sentencing Commission lawyer and commissioner; as a federal public defender; and as a federal judge. Judge Jackson currently serves on the U.S. Court of Appeals for the D.C. Circuit. From 2013 to 2021, she served as a United States District Judge for the District of Columbia. She has been confirmed by the Senate on a bipartisan basis three times – twice as judge and once to serve on the U.S. Sentencing Commission.

Judge Jackson was born in Washington, D.C. and grew up in Miami, Florida. Her parents attended segregated primary schools in the South, then attended Historically Black Colleges and Universities. Both started their careers as public school teachers and became leaders and administrators in the Miami-Dade County Public Schools. When Judge Jackson told her high school guidance counselor she wanted to attended Harvard, the guidance counselor warned that Judge Jackson should not to set her sights “so high.” That didn’t stop Judge Jackson. She graduated magna cum laude from Harvard College, then attended Harvard Law School, where she graduated cum laude and was an editor of the Harvard Law Review.

After law school, Judge Jackson served in Justice Breyer’s chambers as a law clerk. Judge Jackson served as a federal public defender from 2005 to 2007, representing defendants on appeal who did not have the means to pay for a lawyer. If confirmed, she would be the first former federal public defender to serve on the Supreme Court.

Prior to serving as a judge, Judge Jackson followed in the footsteps of her mentor Justice Breyer by working on the U.S. Sentencing Commission—an important body, bipartisan by design, that President Biden fought to create as a member of the U.S. Senate. Her work there focused on reducing unwarranted sentencing disparities and ensuring that federal sentences were just and proportionate.

Judge Jackson lives with her husband, Patrick, who serves as Chief of the Division of General Surgery at Georgetown University Hospital, and two daughters, in Washington, D.C.

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Trump previews anti-trans executive orders in inaugural address

Unclear how or when they would be implemented

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President Donald Trump's inauguration on Jan. 20, 2025 (Screen capture via YouTube)

President Donald Trump, during his inaugural address on Monday, previewed some anti-trans executive orders he has pledged to sign, though it was not yet fully clear how and when they would be implemented.

“This week, I will also end the government policy of trying to socially engineer race and gender into every aspect of public and private life,” he said. “Today, it will henceforth be the official policy of the United States government, that there are only two genders, male and female.”

The president added, “I will sign an order to stop our warriors from being subjected to radical political theories and social experiments, while on duty. It’s going to end immediately.”

After taking the oath of office inside the U.S. Capitol building, Trump was expected to sign as many as 200 executive orders.

On issues of gender identity and LGBTQ rights, the 47th president was reportedly considering a range of moves, including banning trans student athletes from competing and excluding trans people from the U.S. Armed Forces.

NBC News reported on Monday, however, that senior officials with the new administration pointed to two forthcoming executive orders — the official recognition of only two genders, and “ending ‘radical and wasteful’ diversity, equity and inclusion programs inside federal agencies.”

With respect to the former, in practical terms it would mean walking back the Biden-Harris administration’s policy, beginning in 2022, of allowing U.S. citizens to select the “x” gender marker for their passports and other official documents.

“The order aims to require that the federal government use the term ‘sex’ instead of ‘gender,’ and directs the State Department and the Department of Homeland Security to ‘ensure that official government documents, including passports and visas, reflect sex accurately,'” according to NBC.

Additionally, though it was unclear what exactly this would mean, the first EO would take aim at the use of taxpayer funds for gender-transition healthcare, such as in correctional facilities.

The Human Rights Campaign in a press release Monday indicated that a “fulsome review of executive actions” is forthcoming, but the group’s President Kelley Robinson said, “Today, the Trump administration is expected to release a barrage of executive actions taking aim at the LGBTQ+ community instead of uniting our country and prioritizing the pressing issues the American people are facing.”  

“But make no mistake: these actions will not take effect immediately,” she said.

“Every person deserves to be treated with dignity and respect in all areas of their lives,” Robinson said. “No one should be subjected to ongoing discrimination, harassment and humiliation where they work, go to school, or access healthcare. But today’s expected executive actions targeting the LGBTQ+ community serve no other purpose than to hurt our families and our communities.”

She continued, “Our community has fought for decades to ensure that our relationships are respected at work, that our identities are accepted at school, and that our service is honored in the military. Any attack on our rights threatens the rights of any person who doesn’t fit into the narrow view of how they should look and act. The incoming administration is trying to divide our communities in the hope that we forget what makes us strong. But we refuse to back down or be intimidated.”

“We are not going anywhere. and we will fight back against these harmful provisions with everything we’ve got,” Robinson said.

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GLAAD catalogues LGBTQ+-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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The White House (Washington Blade photo by Michael Key)

GLAAD has identified and catalogued LGBTQ+-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ+ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ+-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ+ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ+ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, “It is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ+ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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Biden to leave office revered as most pro-LGBTQ+ president in history

Long record of support from marriage to trans rights

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President Joe Biden (Washington Blade photo by Michael Key)

President Joe Biden will leave the White House next week after leading what advocates consider to be the most pro-LGBTQ+ administration in American history.

The past four years offer a wealth of evidence to support the claim, from the passage of legislation like the landmark Respect for Marriage Act to the promotion of LGBTQ+ rights abroad as a cornerstone of U.S. foreign policy, impactful regulatory moves in areas like health equity for gay and trans communities, and the record-breaking number of gender and sexual minorities appointed to serve throughout the federal government and on the federal bench.

As demonstrated by the deeply personal reflections that he shared during an exclusive interview with the Washington Blade in September, Biden is especially proud of his legacy on LGBTQ+ rights and believes that his record reflects the bedrock principles of justice, equality, and fairness that were inculcated by his father’s example and have motivated him throughout his career in public life.

For instance, during a trip to New York in June, where he delivered remarks to commemorate the opening of the Stonewall National Monument Visitor Center, Biden explained he was deeply moved by the “physical and moral courage” of those early gay rights activists, adding that the monument honoring their sacrifices “sets an example” in the U.S. and around the world.

Likewise, Biden told the Blade he decided to publicly express his support for same-sex marriage in the midst of his reelection campaign with then-President Barack Obama in 2012 because of his experience attending an event hosted by a gay couple with their children present.

“If you saw these two kids with their fathers, you’d walk away saying, ‘wait a minute, they’re good parents,’” he said. From that moment forward, Biden was unwilling to continue to demur, even if that meant preempting Obama’s “evolution” toward embracing marriage equality.

To fully appreciate Biden’s leadership — especially during his presidency, and particularly on issues of transgender rights — it is worth considering his record against the backdrop of the broader political landscape over the past four years.

By the time he took office in 2021, conservative activists and elected leaders had positioned the trans community at the center of a moral panic, introducing hundreds of laws targeting their rights and protections and exploiting the issue as a strategy to undermine support for Democrats.

In the face of unrelenting attacks from his Republican political adversaries, Biden set to work building an administration that “looked like America” including with the appointment of trans physician and four-star officer Dr. Rachel Levine to serve as assistant health secretary, and on day one he issued an executive order repealing his predecessor’s policy that excluded trans Americans from military service.

As the 2024 election neared, with Donald Trump’s campaign weaponizing transphobia as a wedge to score votes, Biden’s support remained vocal and sustained. In each of his four State of the Union addresses to joint sessions of Congress, for example, the president reinforced his commitment to “have the trans community’s back.”

Meanwhile, midway through his term the U.S. Supreme Court overturned abortion protections that were in place since Roe v. Wade was decided in 1973, with conservative statehouses across the country taking the opportunity to pass draconian restrictions.

Democrats sought to exploit the unpopular abortion bans, especially as the presidential race was in full swing, but many were concerned that Biden might be an ineffective messenger because of his personal opposition to the practice as a devout Catholic.

While he directed his administration to take measures to protect access to abortion in the U.S. and spoke publicly about the importance of reproductive autonomy and the freedom to access necessary medical care for family planning, the Associated Press reports that as of March 2024, Biden had only used the word “abortion” in prepared remarks once in four years.

The daylight between how the president has talked about transgender rights and how he has talked about abortion offers an interesting contrast, perhaps illuminating how impervious Biden can be when pressured to compromise his values for the sake of realizing his political ambitions, while also demonstrating the sincerity of his conviction that, as he put it in 2012, anti-trans discrimination is “the civil rights issue of our time.”

Biden was scheduled to deliver a farewell address to the nation on Wednesday evening.

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Biden honors two LGBTQ+ advocates with Presidential Citizens Medal 

Evan Wolfson, Mary Bonauto among 20 awardees

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President Joe Biden speaks at a World AIDS Day commemoration at the White House on Dec. 1, 2024. (Washington Blade photo by Michael Key)

President Joe Biden awarded the Presidential Citizens Medal on Thursday to LGBTQ+ advocates Evan Wolfson, founder of Freedom to Marry, and Mary Bonauto, senior director of civil rights and legal strategies at GLBTQ Legal Advocates and Defenders (GLAD Law).

They, along with 18 other awardees, were honored in the East Room of the White House with a ceremony celebrating their exemplary deeds of service to their country or fellow citizens.

In a statement, the White House said that, “By leading the marriage equality movement, Evan Wolfson helped millions of people in all 50 states win the fundamental right to love, marry, and be themselves,” while Bonauto, an attorney who argued the Obergefell case that made same-sex marriage the law of the land in 2015, “made millions of families whole and forged a more perfect union.”

“Together, you embody the central truth: We’re a great nation because we’re a good people,” the president said. “Our democracy begins and ends with the duties of citizenship. That’s our work for the ages, and it’s what all of you embody.”

Former Republican U.S. Rep. Liz Cheney (Wyo.) and Democratic U.S. Rep. Benny Thompson (Miss.) were honored on Thursday for their work leading the House committee investigating the Jan. 6, 2021, siege of the U.S. Capitol.

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President of anti-LGBTQ+ Catholic group nominated to become next Vatican ambassador

Brian Burch criticized Francis’s decision to allow priests to bless same-sex couples

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Brian Burch (Screen capture via The Catholic Professional/YouTube)

President-elect Donald Trump has nominated the president of an anti-LGBTQ+ Catholic group to become the next U.S. ambassador to the Vatican.

The incoming president on Dec. 20 announced he had nominated Brian Burch, president and co-founder of CatholicVote, for the ambassadorship.

“Brian loves the church and the United States,” said Trump on Truth Social. “He will make us all proud.”

Burch on X said he is “deeply honored and humbled to have been nominated by President Trump to serve as the United States Ambassador to the Holy See.”

“The role of ambassador is to represent the government of the United States in its relations with the Holy See,” said Burch. “The Catholic Church is the largest and most important religious institution in the world, and its relationship to the United States is of vital importance.”

“I am committed to working with leaders inside the Vatican and the new administration to promote the dignity of all people and the common good,” he added. “I look forward to the confirmation process and the opportunity to continue to serve my country and the church. To God be the glory.”

Burch in his post also thanked his wife, Sara, and their nine children for their support.

The National Catholic Reporter reported Burch last year sharply criticized Pope Francis’s decision to allow priests to bless same-sex couples.  

CatholicVote’s website repeatedly refers to transgender people in quotes.

A Dec. 5 post on the U.S. v. Skrmetti case notes the justices heard oral arguments on “whether Tennessee can protect children from puberty blockers, which chemically sterilize, and sexual surgeries that mutilate and castrate.” A second CatholicVotes post notes the justices grilled the Justice Department “on challenge to Tennessee protections for children against ‘transgender’ mutilations and sterilizations.”

The Vatican’s tone towards LGBTQ+ and intersex issues has softened since Pope Francis assumed the papacy in 2013.

Francis, among other things, has described laws that criminalize homosexuality as “unjust.” 

He met with two African LGBTQ+ activists — Clare Byarugaba of Chapter Four Uganda and Rightify Ghana Director Ebenezer Peegah — at the Vatican on Aug. 14. Sister Jeannine Gramick, one of the co-founders of New Ways Ministry, a Maryland-based LGBTQ+ Catholic organization, organized a meeting between Francis and a group of trans and intersex Catholics and LGBTQ+ allies that took place at the pontiff’s official residence on Oct. 12.

Francis during a 2023 interview with an Argentine newspaper described gender ideology as “one of the most dangerous ideological colonizations” in the world because “it blurs differences and the value of men and women.” A declaration the Vatican’s Dicastery for the Doctrine of the Faith released in March with Francis’s approval condemned gender-affirming surgeries and “gender theory.”

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Biden establishes national monument for first female Cabinet secretary

Frances Perkins may have been the first lesbian Cabinet pick

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President Joe Biden (Washington Blade photo by Michael Key)

President Joe Biden on Monday signed a proclamation to establish a national monument in Newcastle, Maine, that will honor Frances Perkins, who became the first woman named to a Cabinet-level position when she was chosen by FDR to serve as secretary for the U.S. Department of Labor.

The move highlights the Biden-Harris administration’s record of advancing women’s rights and strengthening the labor movement while also commemorating Perkins’s achievements, including the establishment of pensions, unemployment, and workers’ compensation, the minimum wage and overtime pay, the 40-hour workweek, and child labor laws.

Perkins is also credited with helping to lay the blueprint for legislation like the Social Security Act, the Fair Labor Standards Act, and the National Labor Relations Act.

Research suggests she may have been a lesbian, perhaps even the first LGBTQ+ Cabinet secretary.

According to the National Park Service, “Perkins’ relationship with one roommate, Mary Harriman Rumsey,” who was a close friend of Eleanor Roosevelt, “was very intimate,” though an entry for the late labor secretary on the NYC LGBT Historic Sites Project quotes her biographer Kirsten Downey’s assertion that “it is probably impossible to know whether Frances’s relationship with Mary was also sexual or romantic.”

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Trump appoints Richard Grenell to his administration

Former US ambassador to Germany will be special missions envoy

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Former U.S. Ambassador to Germany Richard Grenell speaks at the 2024 Republican National Convention in Milwaukee. (Washington Blade photo by Michael Key)

President-elect Donald Trump on Saturday named former U.S. Ambassador to Germany Richard Grenell to his administration.

Grenell will serve as special missions envoy.

“Ric will work in some of the hottest spots around the world, including Venezuela and North Korea,” Trump said on Truth Social, according to the Associated Press.

Grenell, 58, was U.S. ambassador to Germany from 2018-2020.

The Trump-Pence administration later named him acting director of national intelligence, which at the time made him the highest-ranking openly gay presidential appointee in American history. Grenell was also the previous White House’s special presidential envoy for Serbia and Kosovo peace negotiations.

The Trump-Pence administration in 2019 tapped Grenell to lead an initiative that encouraged countries to decriminalize consensual same-sex sexual relations. Grenell and then-U.S. Ambassador to the U.N. Kelly Knight Craft later that year organized an event on the sidelines of a U.N. Security Council meeting that focused on decriminalization efforts.

Many activists around the world with whom the Washington Blade has previously spoken questioned whether this effort had any tangible results. Grenell also faced sharp criticism when he told Breitbart News shortly after he arrived in Berlin that he wanted to “empower” the European right.

Grenell was among those who the president-elect reportedly considered to nominate to become the next secretary of state. Trump instead tapped U.S. Sen. Marco Rubio (R-Fla.).

“Working on behalf of the American people for (Trump) is an honor of a lifetime,” said Grenell on X on Saturday. “President Trump is a problem solver who keeps Americans safe and prosperous.”

Log Cabin Republicans President Charles Moran and Amir Ohana, the openly gay speaker of the Israeli Knesset, are among those who congratulated Grenell.

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Biden-Harris administration sets record for number of confirmed LGBTQ judges

Mary Kay Costello Senate confirmation took place Tuesday

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U.S. Senate Judiciary Committee Chair Dick Durbin (D-Ill.) (Washington Blade photo by Michael Key)

The U.S. Senate voted 52-41 on Tuesday to confirm Mary Kay Costello as a judge for the U.S. District Court for the Eastern District of Pennsylvania, thereby setting a record for the number of LGBTQ federal judicial appointments made under the Biden-Harris administration, 12.

The Leadership Conference on Civil and Human Rights says less than three percent of the country’s nearly 900 federal judges are LGBTQ. Until this week, the Obama-Biden administration had appointed the most, 11, over two terms.

Costello is a prosecutor who has served as assistant U.S. attorney in Philadelphia since 2008.

In a post on X, the U.S. Senate Judiciary Committee’s Democratic majority wrote that she “exhibits a breadth of experience and a strong dedication to public service” and is “ready to serve as a federal judge.”

U.S. Sen. Dick Durbin (Ill.), the Democratic majority whip and chair of the committee, shared another post on X celebrating the administration’s record-breaking number of LGBTQ judicial appointments, writing, “We’re diversifying the federal judiciary for generations to come.”

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The Los Angeles Blade interviews President Joe Biden

Oval Office sit-down was the first for an LGBTQ newspaper

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President Joe Biden and Christopher Kane in the Oval Office on Sept. 12, 2024 (Blade photo by Michael Key)

Writing about President Joe Biden’s legacy is difficult without the distance and time required to assess a leader of his stature, but what becomes clear from talking with him is the extent to which his views on LGBTQ rights come from the heart.

Biden leads an administration that has been hailed as the most pro-LGBTQ in American history, achieving major milestones in the struggle to expand freedoms and protections for the community.

Meanwhile, conservative elected officials at the local, state, and national levels have led an all-out assault against LGBTQ Americans — especially those who are transgender, and especially transgender youth, who face an uncertain future with Donald Trump promising to strip them of their rights and reverse the gains of the past four years if he is elected in November.

Biden shared his thoughts and reflections on these subjects and more in a wide-ranging sit-down interview with the Washington Blade on Sept. 12 in the Oval Office, which marked the first time in which an LGBTQ newspaper has conducted an exclusive interview with a sitting U.S. president.

Looking back on the movement, the president repeatedly expressed his admiration for the “men and women who broke the back of the prejudice, or began to break the back” starting with those involved in the nascent movement for gay rights that was kicked off in earnest with the 1969 Stonewall Riots.

They “took their lives in their own hands,” Biden said. “Not a joke. It took enormous courage, enormous courage, and that’s why I’ve spent some time also trying to memorialize that,” first as vice president in 2016 when President Barack Obama designated a new national monument at the site of the historic uprising, and again this summer when speaking at the opening ceremony of the Stonewall National Monument Visitor Center.

“I think it set an example,” Biden said, not just in the U.S. but around the world.

Stonewall “became the site of a call for freedom and for dignity and for equality,” he said, and at a time when, “imagine — if you spoke up, you’d be fired, or you get the hell beat out of you.”

The president continued, “I was really impressed when I went to Stonewall. And I was really impressed talking to the guys who stood up at the time. I think the thing that gets underestimated is the physical and moral courage of the community, the people who broke through, who said ‘enough, enough,’ and they risked their lives. Some lost their lives along the way.”

Through to today, Biden said, “most of the openly gay people that have worked with me, that I’ve worked with, the one advantage they have is they tend to have more courage than most people have.”

“No, I’m serious,” he added, “I think you guys underestimate that.”

The president has spoken publicly about his deep respect and admiration for LGBTQ people, including the trans community, and trans youth, whom he has repeatedly said are some of the bravest people he knows.

A record-breaking number of LGBTQ officials are serving in appointed positions throughout the Biden-Harris administration. Among them are Transportation Secretary Pete Buttigieg, the first openly gay Senate-confirmed Cabinet member; Rachel Levine, the highest-ranking transgender appointee in history, who serves as assistant secretary for health at the U.S. Department of Health and Human Services; the first out White House communications director and press secretary, Ben LaBolt and Karine Jean-Pierre; and 11 federal judges (the same number of LGBTQ judicial nominees who were confirmed during the Obama-Biden administration’s two terms).

Even though “everyone was nervous,” Biden said, “I wanted an administration that looked like America,” adding, “all the LGBTQ+ people that have worked for me or with me have reinforced my view that it’s not what your sexual preference is, it’s what your intellectual capacity is and what your courage is.”

“I never sat down and said, ‘it’s going to be hard, man, she’s gay, or he’s gay,’ or ‘she’s a lesbian’” he said, and likewise, “it wasn’t like the people I work with, I went, ‘God, I’m surprised they’re competent as anybody else.'”

And then there is Sarah McBride, the Delaware state senator who is favored to win her congressional race in November, which would make her the first transgender U.S. member of Congress, a sign that “we’re on the right track,” Biden said.

A close friend of the Biden family, McBride worked for the president’s eldest son, Beau, who died from cancer in 2015. (As the Blade reported on Friday, Biden called to congratulate her on winning the Democratic primary race last week.)

While the president’s close personal and professional relationships with LGBTQ friends and aides has often been highlighted in the context of Biden’s leadership on efforts to expand freedoms and protections for the community, he credits first and foremost the values he learned from his father.

“I think my attitude about this, from the very beginning, was shaped by my dad,” Biden said. “You think I’m exaggerating, but my dad was a well-read guy who got admitted to college just before the war started” and in addition to being well educated was “a decent, decent, decent, honorable man.”

“My dad used to say that everyone’s entitled to be treated with dignity,” the president said, recalling a story he has shared before about a time when, as a teenager, he was surprised by the sight of two men kissing in downtown Wilmington, Del., and his father responded, “Joey, it’s simple. They love each other.”

“As a consequence of that, most of the things that I’ve done have related to just [what] I think is basic fairness and basic decency,” Biden said.

In his 2017 memoir, “Promise Me, Dad,” Biden writes that the country was too slow to understand “the simple and obvious truth” that LGBTQ people are “overwhelmingly good, decent, honorable people who want and deserve the same rights as anyone else.”

Plus, “It’s not like someone wakes up one morning says, ‘you know, I want to be transgender,’ that’s what I want to do,” he said. “What do they think people wake up, decide one morning, ‘that’s what I wanted’ — it’s a lot easier being gay, right?”

As vice president, Biden had pushed for the repeal of “Don’t Ask, Don’t Tell” and for the designation of a national monument to honor Stonewall, but he took a lot of heat — along with a lot of praise from the LGBTQ community — for voicing his support for same-sex marriage before Obama had fully come around to embracing that position.

His remarks came in the heat of the 2012 reelection campaign during an interview with NBC’s “Meet the Press.” Biden told the Blade he had just “visited two guys who had children” and “if you saw these two kids with their fathers, you’d walk away saying, ‘wait a minute, they’re good parents.’”

At the event, a reception hosted by Michael Lombardo, an HBO executive, and Sonny Ward, an architect, Biden pointed to the children and said, “Things are changing so rapidly, it’s going to become a political liability in the near term for someone to say, ‘I oppose gay marriage.’”

Nevertheless, “I remember how everyone was really upset, except the president,” Biden said, when he told David Gregory, “I am absolutely comfortable with the fact that men marrying men and women marrying women and heterosexual men and women marrying men and women are entitled to the same exact rights, all the civil rights, all the civil liberties and, quite frankly, I don’t see much of a distinction beyond that.”

It was a watershed moment. Obama would pledge his support for marriage equality three days later. And 10 years later, as president, Biden would sign the Respect for Marriage Act, a landmark bill codifying legal protections for married same-sex and interracial couples, rights that conservative U.S. Supreme Court Justice Clarence Thomas has expressed an interest in revisiting.

The president glanced at a print-out with bullet points, presumably a list of the various ways in which he and his administration have advanced LGBTQ rights over the past four years. “I forgot half the stuff I had done,” he said. “But you know, I’m just really proud of a lot of things we did.”

Ticking through some highlights, Biden started with the Respect for Marriage Act. “I was very proud” to sign the legislation, he said, with a ceremony in December 2022 that included Vice President Kamala Harris, first lady Jill Biden, and second gentleman Doug Emhoff.

Biden pointed to several advancements in health equity, such as the FDA’s decision to change “the law so that you could no longer discriminate against using the blood of a gay man or a gay woman,” progress in the national strategy to end HIV by 2030, an initiative coordinated by HHS, and a push to expand access to prophylactic drug regimens to protect against the transmission of HIV.

He added, “I directed the administration to promote human rights for LGBTQ [people] everywhere, particularly, for example, Uganda — they want help from us; they’ve got to change their policy, in terms of the discrimination.”

President Yoweri Museveni in May 2023 signed a law that carries a death penalty provision for “aggravated homosexuality.” The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Several of the administration’s pro-LGBTQ accomplishments and ongoing work address Republican-led efforts to restrict rights and freedoms. For instance, the president noted the importance of protecting in-vitro fertilization treatments, which are threatened by Trump “and his buddies” who were involved in Project 2025, the 900+ page governing blueprint that was drafted in anticipation of the former president’s return to the White House. The document contains extreme restrictions on reproductive healthcare and provisions that would strip away LGBTQ-inclusive non-discrimination rules.

“Fighting book bans” is another example, Biden said, adding, “I mean, come on, these guys want to erase history instead of make history.”

Last year, the president appointed an official to serve in the Education Department for purposes of advising schools on instances where their restrictions on reading material, which have been shown to disproportionately target content with LGBTQ characters or themes, may run afoul of federal civil rights law.

Before “Don’t Ask, Don’t Tell” was repealed, Biden said, “I spoke up when they were dismissing people, discharging people in the military because they were gay.” In 2021, just a few days after his inauguration, the president issued an executive order reversing the Trump administration’s ban on military service by transgender service members.

Lowering his voice for emphasis, Biden added, “They can shoot straight. They can shoot just as straight as anybody else.”

Other major pro-LGBTQ moves by the Biden-Harris administration include:

  • • Issuance of a new Title IX policy prohibiting discrimination on the basis of sexual orientation and gender identity in public schools, educational activities, and programs;
  • • A proposed rule from HHS that would protect LGBTQ youth in foster care;
  • • Expansion of mental health services, including the establishment of a 988 suicide and crisis lifeline, which provides the option for callers to be connected with LGBTQ-trained counselors;.
  • • Legal challenges of anti-trans state laws, such as those restricting access to health treatments;
  • • Repeated pushback against these bills by the president and other officials like Jean-Pierre;
  • • The president’s remarks reaffirming his support for the LGBTQ community, including in all of his State of the Union addresses;
  • • The administration’s work tackling the mpox outbreak;
  • • Expanded non-discrimination protections in the healthcare space;
  • • Issuance of new guidelines allowing for changes to gender markers on official government-issued IDs;
  • • Efforts to bring justice to veterans who were discharged other than honorably under discriminatory military policies, and;
  • • ‘The biggest Pride month celebrations ever held at the White House.

“But the one thing I didn’t get done was the Equality Act,” Biden said, “which is important. important.”

The president and his administration pushed hard for Congress to pass the legislation, which would codify LGBTQ-inclusive nondiscrimination protections in areas from housing and employment to lending and jury service.

Biden raised the issue again when the conversation turned to his plans to stay involved after January 2025. “Look,” he said, “when a person can get married” to a spouse of the same sex but might “show up at a restaurant and get thrown out of the restaurant because they’re LGBTQ, that’s wrong.”

“That’s why we need the Equality Act,” Biden said. “We need to pass it. So, I’m going to be doing everything I can to be part of the outside voices, and I hope my foundations that I will be setting back up will talk about equality across the board.”

“Lawmakers, aides, and advocates say that significant obstacles to progress on the Equality Act remain, including polarized views on how to protect the rights of religious institutions that condemn homosexuality and Republicans’ increasing reliance on transgender rights as a wedge issue,” the Washington Post wrote in 2021, after the bill was passed by the House but left to languish in the Senate.

On LGBTQ issues more broadly, Biden said, “I think there are a lot of really good Republicans that I’ve served with, especially in the Senate, who don’t have a prejudiced bone in their body about this but are intimidated.”

“Because if you take a position, especially in the MAGA Republican Party now, you’re going to be — they’re going to go after you,” he added. “Trump is a different breed of cat. I mean, I don’t want to make this political, but everything he’s done has been anti, anti-LGBTQ, I mean, across the board.”

Project 2025, the president said, “is just full of nothing but disdain for the LGBTQ community. And you have Clarence Thomas talking about, when the decision was made [to overturn] Roe v Wade, that maybe we should consider changing the right of gays to marry — I mean, things that are just off the wall — just pure, simple, prejudice.”

“What I do worry about is I do worry about violence,” Biden said. “I do worry about intimidation. I do worry about what the MAGA right will continue to try to do, but I’m going to stay involved.”

“I’m going to remain involved in all the civil liberties issues that I have worked for my whole life.”

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White House

White House press secretary defends administration’s LGBTQ-inclusive Title IX policy

New nondiscrimination rules took effect last week

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White House Press Secretary Karine Jean-Pierre speaks at the White House press briefing on Oct. 11, 2023. (Washington Blade photo by Christopher Kane)

During a briefing with reporters on Wednesday, White House Press Secretary Karine Jean-Pierre defended the Biden-Harris administration’s expansion of Title IX to prohibit discrimination on the basis of sexual orientation and gender identity. 

Changes to the rules came pursuant to the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County, which held that LGBTQ employees are legally protected from sex-based discrimination under the Civil Rights Act of 1964. 

The new policy, which took effect last week, also revokes Trump-era rules governing how schools must respond to allegations of sexual assault, which were widely considered imbalanced in ways favoring those accused of sex crimes.

Asked to respond to conservatives who warn the policy will harm women and girls, including the Republican state attorneys general who have filed legal challenges and the GOP governors who have vowed to disregard the new rules, Jean-Pierre began by stipulating that “there’s still ongoing litigation, so I would have to refer you to DOJ.” 

“More broadly,” she said, “every student deserves the right to feel safe. Every student deserves the right to feel safe in schools. That’s what the rule is all about: Strengthening and restoring vital protections that the previous administration took away.”

“Ending violence against women and girls has been a priority” for President Joe Biden not just during his tenure in the White House but also throughout his decades-long career in the U.S. Senate, the press secretary added. 

“This is an important step in an ongoing work to end campus sexual assault,” Jean-Pierre said. “That’s what we want to see. And I cannot speak any further to the litigation.”

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