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White House rejects gay judicial nominee

Supporters urged Schumer to fight for attorney accused of anti-Christian remarks

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The White House has rejected the recommended nomination of a New York attorney who would have become the first openly gay man to sit on the federal bench, because of comments he reportedly made about the Pledge of Allegiance and Christmas that were deemed anti-Christian.

In February, U.S. Sen. Chuck Schumer (D-N.Y.) recommended the nomination of Daniel Alter to serve as a judge for the U.S. District Court for the Southern District of New York. Presidents traditionally follow the guidance of senators from the state where there’s a vacancy for judicial nominations.

But informed sources told the Washington Blade that the White House rejected Alter’s nomination because of remarks he reportedly made regarding a case challenging inclusion of the phrase ā€œunder Godā€ in the Pledge of Allegiance. In addition, the White House reportedly objected to remarks that Alter made suggesting that merchants not wish shoppers ā€œMerry Christmasā€ during the holidays.

In a 2005 article published by Cybercast News Service, Alter is quoted as saying that a general holiday greeting is more appropriate and inclusive for retailers as opposed to saying ā€œMerry Christmas.ā€

ā€œIt seems both from a business … and a community perspective, that if merchandisers were going to do that … they would try to wish those in the community who may not share in celebrating Christmas a happy holiday as well,ā€ Alter is quoted as saying.

“Our diversity has made us great and will continue to make us great and [‘Merry Christmas’] undermines both the holiday spirit as well as the message I think Americans should be sending to each other,” Alter reportedly continued.

The 2005 quotes were apparently reprinted in a 2008 CNS article that is stored in the archives on the organization’s website.

Additionally, in a 2004 article published in The New Republic, Alter is quoted as saying the U.S. Supreme Court case Elk Grove United School District v. Newdow ā€œwas a good case at the wrong time.ā€ The case challenged use of the ā€œunder Godā€ phrase in the Pledge of Allegiance in public schools.

The article reported Alter was ā€œrelievedā€ the Supreme Court decision ā€œleft open a window for future challenges.ā€ The Anti-Defamation League had filed a friend-of-the-court brief in support of the Newdow case.

ā€œWhen the right case does come along,ā€ Alter reportedly said, ā€œWe’re there.ā€

Alter was previously an assistant U.S. attorney for the Southern District of New York and specialized in First Amendment and terrorism issues. He also served as national director of the civil rights division of the Anti-Defamation League, an organization that works to fight anti-Semitism.

The comments he reportedly made came in his capacity as an official with the Anti-Defamation League. The White House decision to reject Alter disappointed his supporters, who rallied around him and urged Schumer to advance his nomination anyway.

Schumer announced his recommended nomination of Alter during a Human Rights Campaign dinner in New York City and emphasized that his selection would make him the first openly gay male judge on the federal bench.

In a February statement, Schumer said he recommended Alter because heā€™s ā€œa brilliant attorney who possesses the knowledge, balanced views and temperament required of a federal judge.ā€

ā€œHis outstanding leadership skills, his commitment to justice, and his extensive experience make him an exceptional choice for a position on the federal bench,ā€ Schumer said. ā€œIā€™m proud to nominate Daniel Alter. Period. But I am equally proud to nominate him because he is a history-maker who will be the first openly gay male judge in American history.ā€

But based on those reported statements, the White House and Schumer determined that Alter wouldn’t be able to reach the 60-vote threshold needed in the Senate to overcome a filibuster of his nomination. Itā€™s unclear when the decision to reject Alter was made.

Schumer’s office didn’t respond to multiple requests for comment. A White House spokesperson declined to comment. Alter also declined to comment for this story.

Deborah Lauter, director of civil rights for the Anti-Defamation League, said the apparent decision to reject Alter’s nomination based on reported comments he made on behalf of the organization is ā€œjust plain unfair and unjust.ā€

ā€œAny statements he made in the course of his job with ADL were just that ā€” he was representing the views of our organization,ā€ she said. ā€œIt’s dismaying if in fact that led to the derailing of his nomination.ā€

Lauter said Alter doesnā€™t recall speaking to The New Republic for the 2004 article and that Alter was misquoted in the 2005 CNS article.

ā€œIt was an inaccurate report and ADL should have insisted the record be corrected at the time,ā€ Lauter said.

Lauter clarified that the Anti-Defamation League has never objected to retailers wishing customers ā€œMerry Christmas.ā€

ā€œBut the bottom line is even if he made the comment, which he didn’t, it shouldn’t have disqualified him from service as a judge,ā€ she said.

The decision to refuse the Alter nomination likely came sometime before July, when his supporters urged Schumer to go to bat for his recommended nominee.

In a letter dated July 2, 2010, a group of 66 attorneys who worked with Alter at the U.S. Attorney’s Office for the Southern District of New York wrote that the designation of Alter to the federal bench is ā€œa nomination worth fighting for.ā€

ā€œWe urge you to take all possible steps to ensure that Mr. Alter is nominated to the federal bench and promptly considered by the Senate Judiciary Committee,ā€ the letter states.

Among those who signed the letter is James Comey, who served as deputy attorney general during the Republican administration of former President George W. Bush.

The attorneys wrote that Alter’s ā€œnomination to the federal bench is in jeopardyā€ because of ā€œdemonstrably false statementsā€ that reporters made while he was working for the Anti-Defamation League. The missive doesn’t detail why the statements Alter reportedly made to media outlets are ā€œdemonstrably false.ā€

ā€œWhile we will let others set forth the factual reasons why these allegations are baseless, we write to state emphatically that the sentiments falsely ascribed to Mr. Alter are inconsistent with everything that we know about him,ā€ the letter states. ā€œMr. Alter has dedicated his life to tolerance, public service, moderation, and fidelity to law. He is unfailingly kind, respectful, and open-minded. In both deed and character, Mr. Alter is the antithesis of the views that have been misattributed to him.ā€

The signers state that they ā€œcannot imagine a more highly qualified nomineeā€ and that the loss of Alter to the federal judiciary based on ā€œfalse allegationsā€ would be significant.

ā€œBy temperament, he is well-suited to the bench, possessing every quality one seeks in a judge: respect for all views, dedication to the public, tireless pursuit of the best legal argument, and a determination to reach decisions that will command the respect of all parties,ā€ the letter states.

Lauter said the Anti-Defamation League sent its own letter to Schumer in July urging the senator to push for Alter’s nomination, but she declined to make the letter public.

ā€œIt was a private letter to the senator just clarifying the record and expressing support ā€” enthusiastically and without reservation ā€” for Danny Alter’s nomination,ā€ she said.

Also lamenting the derailment of Alter’s nomination is Richard Socarides, a gay New York attorney who served as an adviser to President Clinton.

Socarides told the Blade the White House’s rejection of Alter’s nomination was evidence of a broken system.

ā€œI don’t know Daniel Alter personally,ā€ Socarides said. ā€œI’m told he is highly qualified. We need more people like him in the federal judiciary. I don’t know why his nomination got derailed, but certainly a system in which someone like Alter can’t get confirmed is badly broken.ā€

HRC heralded Schumer’s announcement of his recommended nomination of Alter in February, but the organization is mum on his rejection.

At the time of the announcement, Joe Solmonese, HRC’s president, said in a statement that Alter ā€œis eminently qualified for a position on the federal bench.ā€

ā€œAmerica is taking a step forward toward equality by evaluating an individual based on his accomplishments and without regard to his sexual orientation,ā€ Solmonese said. ā€œWe commend Senator Schumer for his historic recommendation, and look forward to the President’s nomination.ā€

Fred Sainz, HRC’s vice president of communications, this week declined to comment on the White House rejection of Alter.

Schumer has since recommended the nomination of another openly gay man, J. Paul Oetken, to become a district judge for the U.S. District Court for the Southern District of New York.

The New York senator made the announcement in a Sept. 23 statement that said Oetken has ā€œthe right combination of skills, experience and dedication to [be] an excellent judge on the court.ā€

Oetken served as an attorney in private practice and was an associate counsel for former President Bill Clinton, according to the Schumer statement.

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

Secretary of State Antony Blinken on Thursday hosted a group of LGBTQ activists and politicians from around the world at the State Department.

The event ā€” described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” ā€” took place before the State Department’s annual Pride Month reception. Participants included:

ā€¢ Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

ā€¢ U.S. Ambassador to the U.N. Linda Thomas-Greenfield

ā€¢ U.S. Trade Representative Katherine Tai

ā€¢ U.S. Ambassador to India Eric Garcetti

ā€¢ Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

ā€¢ Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

ā€¢ U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

ā€¢ USAID Counselor Clinton D. White

ā€¢ National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

ā€¢ Assistant U.S. Secretary of Health Adm. Rachel Levine

ā€¢ National Security Council Human Rights Director Jess Huber

ā€¢ U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

ā€¢ Icelandic Ambassador to the U.S. BergdĆ­s EllertsdĆ³ttir

ā€¢ Council for Global Equality Co-Executive Director Mark Bromley

ā€¢ Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

ā€¢ Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

ā€¢ Pau GonzĆ”lez, co-chair of Hombres Trans PanamĆ” and PFLAG-PanamĆ”

“Forty-five years ago, thousands gathered in D.C. in what became the first national march for LGBTQI+, demanding their voices be heard,” said Thomas-Greenfield in a post to her X account that showed her speaking at the event. “We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them ā€” here and everywhere.”

Blinken noted consensual same-sex sexual relations remain criminalized in 64 countries, with the death penalty in 11 of them.

He specifically highlighted Uganda’s Anti-Homosexuality Act and Hungarian Prime Minister Viktor OrbĆ”n’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons ā€” vilifying them with degrading labels, denying them equal rights, normalizing violence against them.” (Gay U.S. Ambassador to Hungary David Pressman this month marched in the annual Budapest Pride parade.)

Blinken noted Iraqi MPs earlier this year “passed legislation that punishes same-sex relations with up to 15 years in prison.” He also pointed out that Indonesian lawmakers approved a new criminal code banning extramarital sex.

“In a nation where same-sex couples cannot marry, these laws effectively make all same-sex conduct illegal and they undermine privacy for all Indonesians,” said Blinken.

“Weā€™re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries ā€” Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands ā€” have decriminalized consensual same-sex sexual relations over the last two years. He also highlighted Greece, Liechtenstein, and Thailand this year extended marriage rights to same-sex couples, and other countries are banning so-called “conversion therapy.”

“These achievements are possible because of incredibly courageous human rights defenders and government partners on the ground, but I believe Americaā€™s support is indispensable,” said Blinken. “When we engage ā€” sometimes publicly, sometimes privately, sometimes both ā€” when we share our own knowledge and experience, we can and we do achieve change.”

Blinken also announced the U.S. now considers sexual orientation and gender identity are part of the International Covenant on Civil and Political Rights that took effect in 1976.

“This is one of the key treaties committing nations to upholding universal rights,” he said. 

“In our regular reporting to the council on human rights, we will continue to include incidents of discrimination or abuse committed against LGBTQI+ persons, now with the clear framework of this well-supported interpretation,” added Blinken.Ā “That will further empower our efforts.”

Blinken reiterated this point and the Biden-Harris administration’s commitment to the promotion of LGBTQ and intersex rights abroad when he spoke at the State Department’s Pride Month event.

“Defending, promoting LGBTQI+ rights globally is the right thing to do, but beyond that, itā€™s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know ā€” but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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