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Medicare to examine ban on gender reassignment surgery

Rationale for policy ‘not complete and adequate’

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transgender, caduceus, medicare, gay news, Washington Blade, health
transgender, caduceus, medicare, gay news, Washington Blade, health

HHS is set to reconsider the ban on Medicare-provided gender reassignment surgery. (Image public domain)

The Obama administration is set to re-examine the ban that prohibits Medicare from covering gender reassignment surgery, according to a memorandum obtained Tuesday by the Washington Blade.

The document from the Department of Health & Human Services, dated Dec. 2, finds that the reasoning for the ban is “not complete and adequate” to support denying Medicare coverage for transgender people seeking the procedure.

The HHS Department Appeals Board states the ban — which is codified as National Coverage Determination 140.3 — “fails to account for development in the care and treatment” for transgender people over the course of the last 30 years.

The next step, the memo states, is proceeding into a “discovery” phase for the taking of evidence to determine whether the ban can be justified.

Mara Keisling, executive director of the National Center for Transgender Equality, said “there really isn’t that much to say” at this point in the process.

“This is really a preliminary step,” Keisling said. “It’s a good sign, but we have more to go on this.”

Masen Davis, executive director of the Transgender Law Center, was optimistic the ban would be lifted following the discovery process.

“Current Medicare standards are based on science from the 1960s, so it’s about time for a review,” Davis said. “Because the current scientific evidence overwhelmingly shows that sex-reassignment surgeries are effective and medically necessary treatments for some transgender individuals, we are hopeful the board will find the exclusion is not supported.”

The DAB initiated the review of the ban on Medicare-provided gender reassignment surgery in response to a request filed in March by a quartet of LGBT advocates: the National Center for Lesbian Rights, the American Civil Liberties Union, Gay & Lesbian Advocates & Defenders and civil rights attorney Mary Lou Boelcke.

The challenge was filed on behalf of Denee Mallon, a 73-year-old transgender woman in Albuquerque, N.M. A Medicare recipient, Mallon was recommended to have gender reassignment surgery by doctors to treat her gender dysphoria

In a joint statement provided to the Washington Blade in response to the HHS memorandum, the ACLU, NCLR and GLAD expressed optimism that DAB would come to the conclusion after discovery that the ban on Medicare-provided gender reassignment surgery should be lifted.

“Because the current evidence overwhelmingly shows that sex-reassignment surgeries are effective and medically necessary treatments for some individuals with gender dysphoria, we are hopeful the Board will find the exclusion is not supported,” the statement says.

According to the memorandum, the ban was put in place in 1989 as a result of a 1981 report from the National Center for Health Care Technology, an arm of HHS. The report concluded “transsexual surgery not be covered by Medicare at this time” because of the high rate of complications and questions about whether it was effective in treating gender identity disorder.

“Transsexual surgery for sex reassignment of transsexuals is controversial,” the regulation states. “Because of the lack of well controlled, long term studies of the safety and effectiveness of the surgical procedures and attendant therapies for transsexualism, the treatment is considered experimental. Moreover, there is a high rate of serious complications for these surgical procedures. For these reasons, transsexual surgery is not covered.”

Despite the institution of this policy, the American Medical Association and the American Psychological Association support gender reassignment surgery for transgender people as a means to treat gender identity disorder.

Notably, the Centers for Medicare & Medicaid didn’t put up a fight in response to the request from LGBT advocates to lift the ban. According to the memo, CMS notified the board in June that it wouldn’t submit a response to their request to lift the ban.

Neither HHS nor CMS responded to the Blade’s request for comment on the determination or why it declined to defend the ban.

It’s unclear when the discovery period for reevaluating the ban on Medicare-provided gender reassignment surgery will come to an end. Shawn Jain, a spokesperson f0r the ACLU, said his organization doesn’t know when the process will be complete.

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World Pride 2025

LGBTQ voices echo from the Lincoln Memorial at International Rally for Freedom

Amid global attacks on LGBTQ rights, queer voices from around the world united in Washington for WorldPride.

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The growing crowd along the reflecting pool at the National Mall. (Washington Blade photo by Joe Reberkenny)

Hundreds of LGBTQ people, supporters, and allies braved the rain on Sunday to make their voices heard at the International March on Washington for Freedom, held on the steps of the Lincoln Memorial.

The message of the event was overwhelmingly clear: the international — and local — queer community will not silently accept the hatred spewed by the current administration and right-wing leaders around the world.

The rally began with a performance of “Freedom” by the L.O.V.E. Chorus — a collective of singers from around the globe — who stood in matching pink shirts in front of the Lincoln Memorial.

The L.O.V.E Chorus performing in front of the Lincoln Memorial. (Washington Blade photo by Joe Reberkenny)

The nearly four-hour event, which took place before the march, featured speakers from across the world and from all corners of the LGBTQ rights movement. Human rights activists, queer community leaders, foreign government officials, drag performers, and even the former vice president took the stage.

“Pride is a celebration, but it is also a powerful statement — about courage, community, and determination,” Kamala Harris said in a pre-taped statement that drew cheers from the crowd. “Pride is about honoring the trailblazers who came before, joining arms with those leading the fight for equality today, and empowering the next generation to live boldly, freely, and with joy. It is when we celebrate the progress we have made and recommit to the work still ahead. And in this moment, as you gather with friends and allies from across the world, let us be clear. No one should be made to fight alone. We are all in this together. So please take care, enjoy yourselves, and happy WorldPride.”

“WorldPride has always been a moment where human rights defenders from around the world gather in solidarity, but this year, many around the globe have been silenced,” said Ashley Smith, Capital Pride’s Board President and board member of the Human Rights Campaign Foundation. “That should disturb us. That should mobilize us.”

“This is not just a rally. This is the beginning. We must march towards freedom,” Smith told the growing crowd. “This is our time.”

The historic nature of this international gathering wasn’t lost on the more than 20 speakers, many of whom invoked the legacy of those who came before — particularly trans pioneers within the movement. Learning from past LGBTQ leaders was a central and repeated theme.

Several speakers also called out specific countries and political figures for abusing their power at the expense of LGBTQ rights. Trump, Musk, and Putin were among the names directly mentioned.

The rally marked the beginning of the end of WorldPride in Washington, where for the past two weeks, the nation’s capital has hosted the largest LGBTQ celebration of the year.

The crowd along the reflecting pool at the National Mall. (Washington Blade photo by Joe Reberkenny)
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District of Columbia

Two juveniles stabbed in Dupont Circle Park hours after U.S. Park Service reopens it

Early police reports don’t indicate connection to nearby WorldPride events

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Dupont Circle Park was closed briefly before police reopened it on Saturday. (Washington Blade photo by Michael K. Lavers)

D.C. police are investigating a stabbing incident inside Dupont Circle Park early Saturday evening, June 7, in which two juvenile males were injured about 12 hours after U.S. Park Service workers removed a fence they installed closing the park. 

Park Service officials said they initially decided to close Dupont Circle Park during the concluding weekend of WorldPride 2025 D.C. out of concern over possible destruction of property and violence. They cited incidents of vandalism and violent acts that occurred in the park during previous Capital Pride weekends over the past several years. 

 Capital Pride Alliance officials have said the destruction of property and reported acts of violence were not associated with any Pride events.

Capital Pride Alliance organizes most of D.C.’s annual LGBTQ Pride events and is the lead organizer of WorldPride 2025. 

Around 5 a.m. on Saturday, June 7, Park Service workers began removing the fencing they had put up one day earlier to close Dupont Circle Park and reopened the park.

 A short time later on Saturday the National Park Service and D.C. Mayor Muriel Bowser released a joint statement saying it was decided that the park should be reopened and the fence taken down following strong objections to the closing by nearby community leaders, including at least two gay Advisory Neighborhood Commissioners.

“We are pleased that the mayor’s office and the National Park Service could work together overnight on a solution that protects the historic features of this park while also ensuring the safety of all who enjoy it,” the statement says. “We want this weekend to be a safe and fun celebration in our nation’s capital – and one that includes one of the best parks and community spaces in our city, Dupont Circle,” it says.

 In response to a request from the Washington Blade for information about the stabbing incident, a D.C. police spokesperson said a more detailed incident report had not yet been completed but released this statement:

“At 7:02 p.m. a stabbing occurred in Dupont Circle Park during a fight between groups of juveniles. Two juvenile males were transported to area hospitals conscious and breathing.”

The spokesperson, Public Affairs Specialist Freddie Talbert, included in his statement information about an unrelated shooting that occurred a short time later just outside Dupont Circle Park.

 “At 7:52 p.m., after MPD officers cleared Dupont Circle Park, a shooting occurred in the 1300 block of 19th Street, N.W. immediately south of the circle. One adult male was transported conscious and breathing with a gunshot wound to the foot.”

 No further information was provided, and Talbert didn’t immediately respond to a follow-up question from the Blade asking if police investigators knew whether the victims and perpetrators in the two incidents were in any way involved with WorldPride events.

 At the time of the stabbing and shooting the WorldPride parade was nearing its end, with the last parade contingents traveling several blocks away from Dupont Circle on 14th Street from T Street to Pennsylvania Avenue, N.W. The first day of the two-day WorldPride Festival was also still taking place on Pennsylvania Avenue, N.W. from 9th Street to 3rd Street, N.W.

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U.S. Supreme Court

Activists rally for Andry Hernández Romero in front of Supreme Court

Gay asylum seeker ‘forcibly deported’ to El Salvador, described as political prisoner

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Immigrant Defenders Law Center President Lindsay Toczylowski, on right, speaks in support of her client, Andry Hernández Romero, in front of the U.S. Supreme Court on June 6, 2025. (Washington Blade photo by Michael K. Lavers)

More than 200 people gathered in front of the U.S. Supreme Court on Friday and demanded the Trump-Vance administration return to the U.S. a gay Venezuelan asylum seeker who it “forcibly disappeared” to El Salvador.

Lindsay Toczylowski, president of the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Andry Hernández Romero, is among those who spoke alongside U.S. Rep. Mark Takano (D-Calif.) and Human Rights Campaign Campaigns and Communications Vice President Jonathan Lovitz. Sarah Longwell of the Bulwark, Pod Save America’s Jon Lovett, and Tim Miller are among those who also participated in the rally.

“Andry is a son, a brother. He’s an actor, a makeup artist,” said Toczylowski. “He is a gay man who fled Venezuela because it was not safe for him to live there as his authentic self.”

(Video by Michael K. Lavers)

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The Trump-Vance administration subsequently “forcibly removed” Hernández and hundreds of other Venezuelans to El Salvador.

Toczylowski said she believes Hernández remains at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. Toczylowski also disputed claims that Hernández is a Tren de Aragua member.

“Andry fled persecution in Venezuela and came to the U.S. to seek protection. He has no criminal history. He is not a member of the Tren de Aragua gang. Yet because of his crown tattoos, we believe at this moment that he sits in a torture prison, a gulag, in El Salvador,” said Toczylowski. “I say we believe because we have not had any proof of life for him since the day he was put on a U.S. government-funded plane and forcibly disappeared to El Salvador.”

“Andry is not alone,” she added.

Takano noted the federal government sent his parents, grandparents, and other Japanese Americans to internment camps during World War II under the Alien Enemies Act. The gay California Democrat also described Hernández as “a political prisoner, denied basic rights under a law that should have stayed in the past.”

“He is not a case number,” said Takano. “He is a person.”

Hernández had been pursuing his asylum case while at the Otay Mesa Detention Center in San Diego.

A hearing had been scheduled to take place on May 30, but an immigration judge the day before dismissed his case. Immigrant Defenders Law Center has said it will appeal the decision to the Board of Immigration Appeals, which the Justice Department oversees.

“We will not stop fighting for Andry, and I know neither will you,” said Toczylowski.

Friday’s rally took place hours after Attorney General Pam Bondi said Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador, had returned to the U.S. Abrego will face federal human trafficking charges in Tennessee.

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