National
Obama, Kennedy and a year of change
From President Obama’s inauguration to the National Equality March, the last 12 months brought a variety of real and symbolic change for LGBT Americans. Marriage was the top story of the year, but here are the 10 other biggest stories of 2009.
ten
Barack Obama becomes 44th president: Telling a massive National Mall crowd that, “all are equal, all are free,” Barack Obama became the nation’s 44th president Jan. 20. Gays from across the country joined the estimated 1.8 million people on Capitol Hill who watched Obama take the oath of office. Seconds after Obama took the oath, a detailed narrative describing Obama’s support for gay rights legislation was published to the White House web site. The page noted Obama’s support for a gay and transgender inclusive hate crimes bill, an employment non-discrimination bill covering gays and transgender people, and overturning “Don’t Ask, Don’t Tell,” among other issues. The section also mentioned Obama’s call to repeal the anti-gay Defense of Marriage Act and his support for new legislation that would provide full marriage-related rights and benefits for same-sex couples joined in civil unions or domestic partnerships.
nine
Nation mourns Kennedy: Sen. Edward Kennedy was remembered as the LGBT community’s “strongest advocate in the United States Senate” when he died in August at age 77. Human Rights Campaign President Joe Solmonese noted that Kennedy championed LGBT issues in Congress before doing so was politically acceptable and offered a strong voice of support in the 1980s when the HIV/AIDS epidemic began taking the lives of gay men. Kennedy went on to become a staunch supporter of same-sex marriage and in 1996 was among 14 senators to vote on the Senate floor against the Defense of Marriage Act. He also spoke on the Senate floor against the anti-gay Federal Marriage Amendment in 2004. “Make no mistake,” he said, “a vote for the federal marriage constitutional amendment is a vote against civil unions, domestic partnerships and other efforts by states to treat gays and lesbians fairly under the law.”
eight
Gay federal workers get limited benefits: President Obama took what activists described as his “first step” on gay civil rights in June when he signed a presidential memorandum granting a limited number of federal employee benefits to the same-sex partners of federal workers. Among the new benefits were long-term care insurance and the use of sick time to care for a domestic partner and non-biological, non-adopted child. Additionally, the same-sex partners of U.S. Foreign Service workers were granted access to the use of medical facilities at overseas posts, medical evacuation privileges from such posts and inclusion of same-sex families in overseas housing allocations. Notably absent from the list was health insurance and retirement benefits. White House officials said the administration is prohibited from providing the perks to the same-sex partners of federal workers without a change in the civil service personnel statute and the Defense of Marriage Act.
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Gay man leads U.S. Office of Personnel Management: John Berry became the Obama administration’s highest-ranking openly gay official in May when he was sworn in as director of the U.S. Office of Personnel Management. The ceremony notably occurred at OPM headquarters in Northwest Washington — the same building where officials once carried out a policy that allowed them to deny employment to gays seeking federal jobs. On hand for the event was longtime gay civil rights activist Frank Kameny, who was fired by the federal government in 1957 because of his sexual orientation. Berry lauded Kameny, noting that Kameny’s work made Berry’s appointment possible. “For that, Frank, I personally thank you for your leadership, your passion, and your persistence and express our nation’s appreciation for your courage in teaching America to live up to our promise and our potential,” Berry said.
six
Obama cheered at Pride event: President Obama and his wife won cheers and shouts of “I love you!” from lesbian, gay, bisexual and transgender activists during a White House celebration in June commemorating Pride and marking the 40th anniversary of the Stonewall Rebellion. The gathering came as many activists urged the president to take greater action on LGBT issues, including the repeal of the anti-gay Defense of Marriage Act and “Don’t Ask, Don’t Tell.” Obama told the crowd that the nation “cannot — and will not — put aside issues of basic equality” and that he seeks “an America in which no one feels the pain of discrimination based on who you are or who you love.”
five
Lesbian elected mayor of Houston: Gay rights advocates heralded the victory of lesbian Annise Parker in her bid to become Houston’s next mayor as a triumph for LGBT Americans. Parker, a Democrat and city controller for Houston, won the December election after taking 53 percent of the vote. Her win marked the seventh time she’d won a citywide election in Houston and made the city the most populous in the country to elect an openly LGBT mayor. Paul Scott, executive director for Equality Texas, said Parker’s victory was significant on many levels. “I think in some ways, we’ve seen the ceiling being broken, not only within the Houston area and Texas, but also nationally in terms of an open lesbian being elected into the highest-level office in the metropolitan area for the fourth largest city in the country,” he said.
four
Justice Department criticized for DOMA defense: Gay activists were outraged in June when the U.S. Justice Department defended the anti-gay Defense of Marriage Act by citing child rearing and procreation as reasons why a court should dismiss a legal challenge of it. Some gay Democratic activists who supported Obama in the 2008 presidential election said administration insiders told them the president was not directly consulted on the brief’s wording, but he nonetheless drew significant criticism. When the Justice Department acted again in August to defend DOMA against a separate challenge, the language was toned down and included a note that “this administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal.”
three
Washington Blade ends 40-year run: After chronicling the LGBT community for 40 years, the Washington Blade published its final issue Friday, Nov. 13. Abruptly forced to close as its parent company, Window Media, went into Chapter 7 bankruptcy, the Blade was widely acknowledged as the LGBT community’s newspaper of record. It covered a range of issues — from the outbreak of the HIV/AIDS epidemic to the advent of same-sex marriage — with a depth unmatched by mainstream media outlets. But coverage of local and national LGBT issues did not end when the Blade locked its doors. Strongly supported by Blade advertisers and readers, the newspaper’s staff quickly founded a new publication and distributed the first issue Nov. 20. The DC Agenda, a local, employee-owned business, is now in its seventh week.
two
Obama signs hate crimes bill: Despite several efforts to derail the bill, President Obama signed the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act into law in October as part of the Fiscal Year 2010 Defense Authorization Act. The act allows the Justice Department to assist in the prosecution of hate crimes based on actual or perceived sexual orientation and gender identity, among other categories. “After more than a decade of opposition and delay, we passed inclusive hate crimes legislation to help protect our citizens form violence based on what they look like, who they love, how they pray or who they are,” Obama said. Opponents had argued the law was tantamount to creating thought crimes and could limit free speech rights.
one
National Equality March hits Washington: Tens of thousands of protesters descended on the nation’s capital in October to urge Congress and President Obama to extend full legal equality to LGBT people. Featuring a mix of veteran speakers and young faces, the weekend event included a march past the White House that ended outside the U.S. Capitol. Participants carried rainbow-colored flags and held signs calling for immediate action to enact equality. The bright, nearly cloudless sky and unseasonably warm weather welcomed crowds as several high-profile speakers called the participants to action. “If you believe we are equal, then it is time to act like it,” said Cleve Jones, a longtime gay activist and one of the chief organizers of the march. “A free and equal people do not tolerate prioritization of their rights. They do not accept compromises. They do not accept delays.”
U.S. Supreme Court
Competing rallies draw hundreds to Supreme Court
Activists, politicians gather during oral arguments over trans youth participation in sports
Hundreds of supporters and opponents of trans rights gathered outside of the United States Supreme Court during oral arguments for Little v. Hecox and West Virginia v. B.P.J. on Tuesday. Two competing rallies were held next to each other, with politicians and opposing movement leaders at each.
“Trans rights are human rights!” proclaimed U.S. Sen. Ed Markey (D-Mass.) to the crowd of LGBTQ rights supporters. “I am here today because trans kids deserve more than to be debated on cable news. They deserve joy. They deserve support. They deserve to grow up knowing that their country has their back.”
“And I am here today because we have been down this hateful road before,” Markey continued. “We have seen time and time again what happens when the courts are asked to uphold discrimination. History eventually corrects those mistakes, but only after the real harm is done to human beings.”
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U.S. Education Secretary Linda McMahon spoke at the other podium set up a few feet away surrounded by signs, “Two Sexes. One Truth.” and “Reality Matters. Biology Matters.”
“In just four years, the Biden administration reversed decades of progress,” said McMahon. “twisting the law to urge that sex is not defined by objective biological reality, but by subjective notion of gender identity. We’ve seen the consequences of the Biden administration’s advocacy of transgender agendas.”
U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, was introduced on the opposing podium during McMahon’s remarks.
“This court, whose building that we stand before this morning, did something quite remarkable six years ago.” Takano said. “It did the humanely decent thing, and legally correct thing. In the Bostock decision, the Supreme Court said that trans employees exist. It said that trans employees matter. It said that Title VII of the Civil Rights Act protects employees from discrimination based on sex, and that discrimination based on sex includes discrimination based on gender identity and sexual orientation. It recognizes that trans people have workplace rights and that their livelihoods cannot be denied to them, because of who they are as trans people.”
“Today, we ask this court to be consistent,” Takano continued. “If trans employees exist, surely trans teenagers exist. If trans teenagers exist, surely trans children exist. If trans employees have a right not to be discriminated against in the workplace, trans kids have a right to a free and equal education in school.”
Takano then turned and pointed his finger toward McMahon.
“Did you hear that, Secretary McMahon?” Takano addressed McMahon. “Trans kids have a right to a free and equal education! Restore the Office of Civil Rights! Did you hear me Secretary McMahon? You will not speak louder or speak over me or over these people.”
Both politicians continued their remarks from opposing podiums.
“I end with a message to trans youth who need to know that there are adults who reject the political weaponization of hate and bigotry,” Takano said. “To you, I say: you matter. You are not alone. Discrimination has no place in our schools. It has no place in our laws, and it has no place in America.”
U.S. Supreme Court
Supreme Court hears arguments in two critical cases on trans sports bans
Justices considered whether laws unconstitutional under Title IX.
The Supreme Court heard two cases today that could change how the Equal Protection Clause and Title IX are enforced.
The cases, Little v. Hecox and West Virginia v. B.P.J., ask the court to determine whether state laws blocking transgender girls from participating on girls’ teams at publicly funded schools violates the 14th Amendment’s Equal Protection Clause and Title IX. Once decided, the rulings could reshape how laws addressing sex discrimination are interpreted nationwide.
Chief Justice John Roberts raised questions about whether Bostock v. Clayton County — the landmark case holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or gender identity — applies in the context of athletics. He questioned whether transgender girls should be considered girls under the law, noting that they were assigned male at birth.
“I think the basic focus of the discussion up until now, which is, as I see it anyway, whether or not we should view your position as a challenge to the distinction between boys and girls on the basis of sex or whether or not you are perfectly comfortable with the distinction between boys and girls, you just want an exception to the biological definition of girls.”
“How we approach the situation of looking at it not as boys versus girls but whether or not there should be an exception with respect to the definition of girls,” Roberts added, suggesting the implications could extend beyond athletics. “That would — if we adopted that, that would have to apply across the board and not simply to the area of athletics.”
Justice Clarence Thomas echoed Roberts’ concerns, questioning how sex-based classifications function under Title IX and what would happen if Idaho’s ban were struck down.
“Does a — the justification for a classification as you have in Title IX, male/female sports, let’s take, for example, an individual male who is not a good athlete, say, a lousy tennis player, and does not make the women’s — and wants to try out for the women’s tennis team, and he said there is no way I’m better than the women’s tennis players. How is that different from what you’re being required to do here?”
Justice Samuel Alito addressed what many in the courtroom seemed reluctant to state directly: the legal definition of sex.
“Under Title IX, what does the term ‘sex’ mean?” Alito asked Principal Deputy Solicitor General Hashim Mooppan, who was arguing in support of Idaho’s law. Mooppan maintained that sex should be defined at birth.
“We think it’s properly interpreted pursuant to its ordinary traditional definition of biological sex and think probably given the time it was enacted, reproductive biology is probably the best way of understanding that,” Mooppan said.
Justice Sonia Sotomayor pushed back, questioning how that definition did not amount to sex discrimination against Lindsay Hecox under Idaho law. If Hecox’s sex is legally defined as male, Sotomayor argued, the exclusion still creates discrimination.
“It’s still an exception,” Sotomayor said. “It’s a subclass of people who are covered by the law and others are not.”
Justice Elena Kagan highlighted the broader implications of the cases, asking whether a ruling for the states would impose a single definition of sex on the 23 states that currently have different laws and standards. The parties acknowledged that scientific research does not yet offer a clear consensus on sex.
“I think the one thing we definitely want to have is complete findings. So that’s why we really were urging to have a full record developed before there were a final judgment of scientific uncertainty,” said Kathleen Harnett, Hecox’s legal representative. “Maybe on a later record, that would come out differently — but I don’t think that—”
“Just play it out a little bit, if there were scientific uncertainty,” Kagan responded.
Justice Brett Kavanaugh focused on the impact such policies could have on cisgender girls, arguing that allowing transgender girls to compete could undermine Title IX’s original purpose.
“For the individual girl who does not make the team or doesn’t get on the stand for the medal or doesn’t make all league, there’s a — there’s a harm there,” Kavanaugh said. “I think we can’t sweep that aside.”
Justice Amy Coney Barrett questioned whether Idaho’s law discriminated based on transgender status or sex.
“Since trans boys can play on boys’ teams, how would we say this discriminates on the basis of transgender status when its effect really only runs towards trans girls and not trans boys?”
Harnett responded, “I think that might be relevant to a, for example, animus point, right, that we’re not a complete exclusion of transgender people. There was an exclusion of transgender women.”
Justice Ketanji Brown Jackson challenged the notion that explicitly excluding transgender people was not discrimination.
“I guess I’m struggling to understand how you can say that this law doesn’t discriminate on the basis of transgender status. The law expressly aims to ensure that transgender women can’t play on women’s sports teams… it treats transgender women different than — than cis-women, doesn’t it?”
Idaho Solicitor General Alan Hurst urged the court to uphold his state’s ban, arguing that allowing participation based on gender identity — regardless of medical intervention — would deny opportunities to girls protected under federal law.
Hurst emphasized that biological “sex is what matters in sports,” not gender identity, citing scientific evidence that people assigned male at birth are predisposed to athletic advantages.
Joshua Block, representing B.P.J., was asked whether a ruling in their favor would redefine sex under federal law.
“I don’t think the purpose of Title IX is to have an accurate definition of sex,” Block said. “I think the purpose is to make sure sex isn’t being used to deny opportunities.”
Becky Pepper-Jackson, identified as plaintiff B.P.J., the 15-year-old also spoke out.
“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” said Pepper-Jackson. “And all I’ve ever wanted was the same opportunities as my peers. But in 2021, politicians in my state passed a law banning me — the only transgender student athlete in the entire state — from playing as who I really am. This is unfair to me and every transgender kid who just wants the freedom to be themselves.”
Outside the court, advocates echoed those concerns as the justices deliberated.
“Becky simply wants to be with her teammates on the track and field team, to experience the camaraderie and many documented benefits of participating in team sports,” said Sasha Buchert, counsel and Nonbinary & Transgender Rights Project director at Lambda Legal. “It has been amply proven that participating in team sports equips youth with a myriad of skills — in leadership, teamwork, confidence, and health. On the other hand, denying a student the ability to participate is not only discriminatory but harmful to a student’s self-esteem, sending a message that they are not good enough and deserve to be excluded. That is the argument we made today and that we hope resonated with the justices of the Supreme Court.”
“This case is about the ability of transgender youth like Becky to participate in our schools and communities,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “School athletics are fundamentally educational programs, but West Virginia’s law completely excluded Becky from her school’s entire athletic program even when there is no connection to alleged concerns about fairness or safety. As the lower court recognized, forcing Becky to either give up sports or play on the boys’ team — in contradiction of who she is at school, at home, and across her life — is really no choice at all. We are glad to stand with her and her family to defend her rights, and the rights of every young person, to be included as a member of their school community, at the Supreme Court.”
The Supreme Court is expected to issue rulings in both cases by the end of June.
U.S. Supreme Court
As Supreme Court weighs trans sports bans, advocate and former athlete speaks out
PFLAG staffer Diego Sanchez competed at University of Georgia in 1970s
The U.S. Supreme Court will hear two cases Tuesday addressing the legality of banning transgender women and girls from participating in sports under the 14th Amendment.
Though the two cases differ slightly in their fact patterns, they ultimately pose the same constitutional question: whether laws that limit participation in women’s sports to only cisgender women and girls violate the Equal Protection Clause of the 14th Amendment.
In both cases — Little v. Hecox and West Virginia v. B.P.J. — trans girls filed lawsuits against their respective states, Idaho and West Virginia, arguing that the bans violate their right to equal protection under the law by subjecting them to different standards than cisgender girls.
Lindsay Hecox, now 24, filed her lawsuit in 2020 while attending Boise State University. That same year, Idaho enacted the “Fairness in Women’s Sports Act,” which barred trans women from participating in any sport in public schools, from kindergarten through college. Although Hecox underwent hormone therapy that significantly lowered her testosterone levels, she was still excluded under the law when she attempted to try out for the women’s track and cross-country teams.
The second case centers on B.P.J., a 15-year-old trans girl who has identified as female since third grade and has been on puberty blockers since the onset of puberty. In 2021, West Virginia enacted the “Save Women’s Sports Act,” which requires sports teams to be designated by “biological sex” rather than gender identity. B.P.J.’s mother filed suit on her behalf after her daughter was barred from participating on her school’s girls’ cross-country and track teams.
A key distinction between the two cases is that attorneys for B.P.J. have argued that because puberty blockers were part of her development, her body is more aligned with that of a cisgender girl than a cisgender boy. Despite these differences, both cases raise the same constitutional issue: whether it is lawful to bar someone from participation in sports based on sex assigned at birth.
The Washington Blade spoke with PFLAG Vice President of Policy and Government Affairs Diego Sanchez.
Sanchez is a trans elder with firsthand experience as a college athlete at the University of Georgia and later became the first openly trans legislative staff member on Capitol Hill.
His dual experience — as a former athlete and a longtime policy expert deeply familiar with constitutional law — gives him a unique perspective on the questions now before the Supreme Court. Sanchez will also be one of the featured speakers at a rally on the steps of the court as the justices hear arguments.
When asked how attitudes toward trans athletes differ from when he competed at the University of Georgia from 1976-1980 to today — when 27 states have passed laws restricting trans participation in sports — Sanchez said the contrast is stark.
“I had the good experience of being supported by my teammates and my coach,” Sanchez said. “The thing that’s so different today is that these [trans] kids are able to go home and get kisses and hugs from their parents, being lauded in the stands by their families, and then being told that who they are doesn’t necessarily fit with who they’re allowed to be in their expression at the moment, and that to me, seems a terrible injustice.”
Sanchez emphasized that sports offer lessons that extend far beyond competition.
“When you’re an athlete, you learn an awful lot of things about life,” he said. “You learn about leadership, but you also learn that your best effort becomes part of a team effort … how you feel as an individual contributor is affected by what ends up being part of how you live your life as an adult.”
After his time as an athlete, Sanchez began working in government, eventually serving as senior policy advisor to then-U.S. Rep. Barney Frank (D-Mass.) until Frank’s retirement in 2013. Sanchez said that one of the most important aspects of his role was simply being visible as a trans person in spaces where many lawmakers had never knowingly met one before.
“My job was to make sure that no one, no legislator, could say that they had never met a trans person,” Sanchez said.
Sanchez also addressed the broader implications the Supreme Court’s decision could have on how gender is treated within institutional systems.
“I don’t think it affects how people perceive their own gender or express their own gender, but I do think that it could create barriers if it doesn’t welcome the way that community and society actually are,” he said. “The most important thing for people to know … is to remember that every person is an individual, and that the right to contribute to society should be something that is supported by the government, not hindered.”
He added that the court’s role must be understood within the framework of checks and balances established by the Constitution.
“The risk, of course, here is always remembering that we have three branches of government, so that this action by the judiciary branch may or may not have implications on whether or how things can be perceived or executed at other branches,” Sanchez said. “I would hope that our government is interested in letting the future generations and current generations be the best that they can be as well.”
“Do people get to live their lives as they are, or is the government an obstruction or a support?”
When asked what message he would share with young trans athletes watching the Supreme Court take up these cases, Sanchez said community support remains critical, regardless of how the justices rule.
“Make sure that the environment that you put yourself in is something that honors who you know you are and supports you becoming the best person you can be, and that anything that takes away from that is purely dissonance,” he said.
“What we do with dissonance is what distinguishes us as whether we excel or doubt.”
That same sense of community, Sanchez said, is what rallies — like the one planned outside the Supreme Court — are meant to reinforce, even as decisions are made inside the building.
“Rallies, including tomorrow’s, are about people knowing they’re not alone, and hearing from other people who support who they are,” he said. “There is support across the country … I wish that I had had someone my age now that I could have looked to, but I am the role model, but I didn’t have any.”
Looking ahead to the possibility that the court could uphold bans on trans athletes, Sanchez said the immediate challenge will be ensuring that families and communities continue to affirm trans youth amid legal uncertainty.
“Having the endorsement of being supported who you are, it helps you so much,” he said. “You cannot put the issue of rights back into the genie’s bottle once people experience what freedom and welcoming is.”
For Sanchez, whose life has spanned decades of change in both sports and government, the cases before the Supreme Court represent a pivotal moment — not just legally, but culturally.
“Living your life, for me, does not require bravery,” he said. “It’s just taking one step and then another.”
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