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Anti-gay group calls for federal probe of HRC, IRS

NOM says HRC received ‘stolen’ list of confidential donors

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Brian Brown, National Organization for Marriage, gay news, gay politics dc

NOM President Brian Brown responded to the document leak this week, claiming the anti-gay group works with black and Hispanic leaders to combat marriage equality. (Blade file photo by Michael Key)

The National Organization for Marriage (NOM), the anti-gay group leading efforts to oppose same-sex marriage laws, is calling for a federal investigation of the Human Rights Campaign and the IRS.

In a statement released on Thursday, NOM expressed outrage that HRC on March 30 released a confidential 2008 IRS tax return from the Washington, D.C.-based group showing a list of 50 contributors to the group’s campaign supporting Proposition 8. Proposition 8 is the ballot measure through which voters overturned California’s same-sex marriage law.

“It appears that someone with either the IRS or the HRC may have committed a federal crime by illegally obtaining and then releasing a confidential tax return of the National Organization for Marriage,” said Brian Brown, the group’s president. “It’s clear that the tax return was stolen, either from NOM or from the government.”

HRC has said it obtained the NOM IRS filing through a whistleblower but has not provided further details on the whistleblower’s identity.

Anti-gay marriage organization questions gay rights group, government tax service

NOM’s call for an investigation into the release of the IRS form comes less than two weeks after HRC legally acquired and publicized internal NOM documents obtained through an ongoing investigation by the State of Maine into alleged improper campaign finance practices by NOM.

Those documents include a strategic plan by NOM to “drive a wedge between gays and blacks” in an effort to defeat same-sex marriage laws throughout the country. LGBT and black civil rights leaders have condemned the NOM strategy as a calculated attempt to divide Americans for political gain.

The documents were made public on March 26 by the Maine Commission on Governmental Ethics and Election Practices.

The Maine investigation began after gay Republican activist Fred Karger of California filed a formal complaint charging NOM with illegal “money laundering” in its campaign to pass Amendment 1, a 2009 ballot measure that overturned Maine’s same-sex marriage law.

“It’s the height of hypocrisy for NOM to claim others are violating the law – since NOM has flagrantly violated campaign finance and tax laws and is currently under investigation,” said Fred Sainz, an HRC spokesperson. “NOM is clearly trying to change the conversation away from their unethical practices as well as the secret memos that we brought to light last week showing their ugly race-baiting tactics and their nondisclosure of a contribution from Governor Romney that was clearly meant for Prop 8,” Sainz said.

He was referring to a $10,000 contribution shown in the leaked IRS tax return identified as coming from a political action committee formed by Mitt Romney, the current GOP presidential candidate, called Free and Strong America. The 2008 contribution was made to NOM, and HRC and other LGBT advocates say it was intended to support efforts to pass Proposition 8.

“We’re talking about a criminal who has stolen confidential tax return information,” Brown of NOM said in the group’s April 5 statement. “We demand to know who this criminal is, whether they work for the HRC or the IRS, and how they obtained confidential tax information filed only with the U.S. government,” Brown said.

“I would like to know what the HRC knew and when did they know it,” added Brown. “It certainly appears that either the HRC was involved in illegally obtaining this tax return themselves, or they worked with a criminal who stole it from NOM or the IRS. Either way, it appears that a federal crime may have been committed.”

Brown said in his statement that he would submit a “written demand” that the IRS and the United States Attorney for the District of Columbia open an investigation into the matter.

A spokesperson for the U.S. Attorney’s office declined to comment. “We typically do not confirm or deny investigations and have no comment,” the spokesperson said in an email to the Blade.

A spokesperson for the IRS didn’t immediately respond to a request for comment.

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U.S. Supreme Court

Supreme Court to hear Md. religious freedom case on Tuesday

Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

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U.S. Supreme Court (Washington Blade photo by Michael Key)

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parents’ religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.

Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons. 

Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.

The plaintiffs — Tamer Mahmoud, Enas Barakat, and other parents — argue “the storybooks were chosen to disrupt ‘cisnormativity’ and ‘either/or thinking’ among students.” 

“The board’s own principals objected that the curriculum was ‘not appropriate for the intended age group,’ presented gender ideology as ‘fact,’ ‘sham[ed]’ students with contrary opinions, and was ‘dismissive of religious beliefs,’” according to the petition on the Supreme Court’s website. 

The petition goes further, saying the parents are “not challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents’ religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced ‘to change their religious beliefs or conduct.’”

The Coalition for Inclusive Schools and Communities, an organization that aims to bring together “advocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,” will participate in the “Rally for Inclusive Education” rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.

“Inclusive education isn’t just a value — it’s a necessity,” said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. “The right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right — and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.”

The Coalition for Inclusive Schools and Communities says the rally is a “nonpartisan community gathering rooted in education, advocacy, and solidarity.” 

“The focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,” it said.

The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Women’s Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.

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National

EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality

A4TE formed last year when two transgender rights groups merged

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Rodrigo Heng-Lehtinen (Photo courtesy of Rodrigo Heng-Lehtinen)

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.

The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.

“Now that we’ve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, it’s time for me to take my next step,” said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. “When Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. I’m proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, I’m now ready to move on to my next chapter.”  

Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”

“With my background in persuasion and messaging, it’s where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”

Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.

“We thank Rodrigo for his years of dedicated leadership and service,” said Marra. “A4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.” 

Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.

“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. I’ve always felt deeply supported and heard by him, which is something I value deeply.”

“I fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle. 

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U.S. Federal Courts

Federal judge blocks Trump passport executive order

State Department can no longer issue travel documents with ‘X’ gender markers

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(Bigstock photo)

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”

“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though today’s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

“This ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,” said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.

“By forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.”

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