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Gay judge criticized in conservative congressional scorecard

FRC, CitizenLink rank members of Congress on anti-gay votes

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U.S. District Judge Michael Fitzgerald

Michael Fitzgerald (Blade file photo by Michael Key)

Anti-gay groups are decrying the Senate confirmation of a gay federal judge as part of their annual congressional scorecard evaluating the commitment of House and Senate lawmakers to social conservative values.

The scorecard, a joint publication of the Family Research Council and Focus on the Family’s CitizenLink, was made public late Sunday night.

For the Senate, the scorecard rates members on the basis of seven votesĀ over the course of this year — including the confirmation of U.S. District Judge Michael Fitzgerald, who was approved overwhelminglyĀ in March by a 91-6 vote.Ā The scorecard says, “FRC Action and CitizenLink Opposed this Confirmation.”

The scorecard doesn’t explicitly mention that Fitzgerald is gay, but says he “supported liberal activist organizations and worked to promote homosexual rights in the state of his judgeship.”Ā The anti-gay groups cast in a negative lightĀ Fitzgerald’s work benefiting the LGBT community prior to his confirmation as a judge and accuse him of withholding information about his past in the questionnaire response he submitted to the Senate Judiciary Committee:

Nominated on July 20, 2011, by President Barack Obama to the U.S. District Court for the Central District of California, Mr. Fitzgerald has supported liberal activist organizations and worked to promote homosexual rights in the state of his judgeship. Mr. Fitzgerald supported activist organizations, such as the Harvard-Radcliffe Gay and Lesbian Caucus that opposed ROTC recruiting at Harvard at the same time now-Supreme Court Justice Elena Kagan was Dean at Harvard Law and refused to allow ROTC recruiters on campus. Mr. Fitzgerald also provided pro-bono work in the 1990 case, Buttino v. F.B.I., in which an FBI agent alleged he was wrongfully dismissed for his sexual preference only toĀ be shown during the case to have lied during an FBI investigation. Mr. Fitzgerald also worked to oppose Proposition 8 in California and failed to mention many of his actions in a questionnaire to the Senate that would have revealed potential conflicts of interest.

Other LGBT-relevant votes by which the scorecard evaluates members of the Senate include passage in April of a billĀ with explicit LGBT-protections to reauthorize the Violence Against Women Act. The anti-gay group says the Senate version of the legislation “would discriminate against religious grantees who aid abused women if the grantees are opposed to homosexual behavior as a matter of faith.”

Additionally, the scorecard includes the cloture vote that led to the confirmation of Mari Carmon AponteĀ as U.S. ambassador to El Salvador. SheĀ came under fire from social conservatives in part because of a pro-gay op-ed piece she wrote for an El Salvador newspaper during the month of Pride.

Five senators managed a perfect score of “100 percent” as a result of the scorecard: Sens. Roy Blunt (R-Mo.), Jim DeMint (R-S.C.), James Inhofe, (R-Okla.), Mike Lee (R-Utah) andĀ Rand Paul (R-Ky.).

Fred Sainz, vice president of communications at the Human Rights Campaign, responded to the scorecard by invoking former President Reagan and saying the document reflects the Family Research Council’s continued hostility to the LGBT community.

“There they go again,” Sainz said. “Beyond death and taxes, the only other thing that you should count on is that FRC will falsely — and often hatefully – misinterpret issues important to LGBT equality. Their scorecard provides excellent examples of their bizarre animus against members of our community.”

Sainz took issue with the scorecard’s inclusion of the Fitzgerald confirmation vote, noting many Republican senators voted to confirm the judge.

“Despite the fact that Judge Fitzgerald was confirmed by a bipartisan majority of the U.S. Senate (to include Republican senators from Alabama, Georgia, Mississippi and Texas; not to mention Republican Leader Mitch McConnell and Senators McCain and Ayotte), FRC still is hell-bent on the notion that Fitzgerald is out of the mainstream,” Sainz said. “With every passing day, it becomes clearer that it’s FRC that’s out of the mainstream and in fact, painfully representative of an era of discrimination and bigotry.”

Sainz added he expects HRC to issue its own scorecard in late October.

For the House, six votes are included in scorecard, including votes on measures that would restrict abortion rights and repeal health care reform as well as a measure reaffirming the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage. The measure was an amendment to Commerce-Justice-Science appropriations legislation offered byĀ freshman Rep. Tim Huelskamp (R-Kansas) and approved by a vote ofĀ 245-171.

But scorecard misstates the practical effect of that amendment, saying the measure would stop the Justice Department from litigating against DOMA in court — a path the Obama administration has followed after declining to defend DOMA. Media reports had previously indicated that Huelskamp intended to offer an amendment to that effect, but the measure ended up saying no federal funds could be used to contravene DOMA, which would do nothing toĀ prevent the Justice Department from presenting the view of the federal government in court that DOMA is unconstitutional.

TheĀ Huelskamp amendment isn’t the only one reaffirming DOMA that was offered on the House floor this year. Rep. Steve King (R-Iowa) submitted a similar amendment that passed on the House floor as part ofĀ a defense spending measure. It’s unclear why the scorecard doesn’t includes this vote as part of its evaluation of House lawmakers.

More than 100 members of the Republican-controlled House are credited with voting each time with views consistent with the Family Research Council and CitizenLink, including Reps. Michelle Bachmann (R-Minn.), Allen West (R-Fla.) and Vicky Hartzler (R-Mo.).

FRC didn’t immediately respond to questions about the scorecard.

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State Department

HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration

Black coffins placed in front of Harry S. Truman Building

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HIV/AIDS activists place black Styrofoam coffins in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.

Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.

King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.

“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.

Then-President George W. Bush in 2003 signed legislation that created PEPFAR.

The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the President’s Emergency Plan for AIDS relief and other ā€œlife-saving humanitarian assistanceā€ programs to continue to operate during the freeze.

The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations — OUT LGBT Well-being and Access Chapter 2 — that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.

Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”

“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.

Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”

“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

Health GAP Executive Director Asia Russell, center, speaks in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)
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U.S. Military/Pentagon

Pentagon urged to reverse Naval Academy book ban

Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

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U.S. Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.

Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.

These included “I Know Why the Caged Bird Singsā€ by Maya Angelou, ā€œStone Fruitā€ by Lee Lai,Ā ā€œThe Hate U Giveā€ by Angie Thomas, ā€œLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā€ by James W. Loewen, ā€œGender Queer: A Memoirā€ by Maia Kobabe, and ā€œDemocracy in Black: How Race Still Enslaves the American Soulā€ by Eddie S. Glaude, Jr.Ā 

The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.

In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”

“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,”Ā Lambda Legal Chief Legal Officer Jennifer C. PizerĀ andĀ LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.

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Federal Government

White House sues Maine for refusing to comply with trans athlete ban

Lawsuit follows months-long conflict over school sports in state

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U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

The Justice Department is suing the state of Maine for refusing to comply with President Donald Trump’s executive order banning transgender athletes from participating in school sports, U.S. Attorney General Pam Bondi announced on Wednesday.

DOJ’s lawsuit accuses the state of violating Title IX rules barring sex discrimination, arguing that girls and women are disadvantaged in sports and deprived of opportunities like scholarships when they must compete against natal males, an interpretation of the statute that reverses course from how the law was enforced under the Biden-Harris administration.

ā€œWe tried to get Maine to comply” before filing the complaint, Bondi said during a news conference. She added the department is asking the court to ā€œhave the titles return to the young women who rightfully won these sports” and may also retroactively pull federal funding to the state for refusing to comply with the ban in the past.

Earlier this year, the attorney general sent letters to Maine, California, and Minnesota warning the blue states that the department “does not tolerate state officials who ignore federal law.ā€

According to the Maine Principals’ Association, only two trans high school-aged girls are competing statewide this year. Conclusions from research on the athletic performance of trans athletes vis-a-vis their cisgender counterparts have been mixed.

Trump critics and LGBTQ advocates maintain that efforts to enforce the ban can facilitate invasive gender policing to settle questions about an individual athlete’s birth sex, which puts all girls and women at risk. Others believe determinations about eligibility should be made not by the federal government but by school districts, states, and athletics associations.

Bondi’s announcement marked the latest escalation of a months-long feud between Trump and Maine, which began in February when the state’s Democratic governor, Janet Mills, declined to say she would enforce the ban.

Also on Wednesday, U.S. Education Secretary Linda McMahon said the findings from her department’s Title IX investigation into Maine schools — which, likewise, concerned their inclusion of trans student-athletes in competitive sports — was referred to DOJ.

Earlier this month, the Justice Department pulled $1.5 million in grants for Maine’s Department of Corrections because a trans woman was placed in a women’s correctional facility in violation of a different anti-trans executive order, while the U.S. Department of Agriculture paused the disbursement of funds supporting education programs in the state over its failure to comply with Title IX rules.

A federal court last week ordered USDA to unfreeze the money in a ruling that prohibits the agency from ā€œterminating, freezing, or otherwise interfering with the state’s access to federal funds based on alleged Title IX violations without following the process required by federal statute.ā€Ā 

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