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Berry, four other gay nominees confirmed to high-ranking posts

In first, Senate approves openly gay U.S. ambassador to G-20 nation

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John Berry, Office of Management and Budget, Obama Administration, Australia, gay news, Washington Blade
John Berry, Office of Management and Budget, Obama Administration, Australia, gay news, Washington Blade

John Berry was confirmed by the Senate as U.S. ambassador to Australia along with other gay nominees. (Photo public domain).

The U.S. Senate confirmed for the first time an openly gay man as ambassador to a G-20 country with no opposition on Thursday evening along with four other out nominees.

John Berry, former head of the U.S. Office of Personnel Management and the highest-ranking openly gay Obama administration official, was approved for the position of U.S. ambassador to Australia by unanimous consent en banc along with dozens of nominees, including other gay appointees.

During his confirmation hearing last month, Berry said he was inspired by the talent he saw in the federal workforce and would take that experience with him to his new post.

“Along the way, I was reminded again and again of the tremendous diversity of our great country, building lasting relationships with fellow Americans from all backgrounds as we worked together to address shared challenges,” Berry said. “If confirmed, I will carry with me these many voices of America, along with a profound commitment to strengthening the shared values that lie at the heart of our strategic relationship with Australia.”

Other openly gay men confirmed to ambassadorial posts were Daniel Baer, who was confirmed asĀ U.S. ambassador to the Organization for Security & Cooperation in Europe; Rufus Gifford, who was confirmed as U.S. ambassador to Denmark; and James Costos; who was confirmed as U.S. ambassador to Spain.

Michael Guest, who’s gay and a former U.S. ambassador to Romania, told the Washington Blade each of the ambassadorial appointees are well-qualified to serve in their new posts.

“All four of these men have the strong intellect, presence and skills needed to lead our interagency teams abroad,” Guest said. “It’s heartening that the Senate recognized that these qualities, not their sexual orientation, are what matter in service to our country. They’ll be terrific American representatives, and I wish them well in their new duties.”

Another openly gay nominee was also confirmed for a non-ambassadorial post. Stuart Delery, was confirmed as assistant attorney general for the Civil Division at the Justice Department after having served in an acting capacity in that role.

Delery had represented the Obama administration at the district and appellate court level during oral arguments and contended Section 3 of the Defense of Marriage Act should be struck down.

U.S. Attorney Eric Holder had kind words for Delery in a statement following the news the Senate had confirmed him for a high-level position within the Justice Department.

ā€œI am pleased to congratulate Stuart Delery on his confirmation as Assistant Attorney General for the Civil Division, an office he has held in an acting capacity for more than a year,ā€ Holder said. ā€œDuring that time, and throughout his service at the department – including his tenure as chief of staff to the deputy attorney general and senior counselor in my office – Stuart has exemplified the highest standards of integrity and professionalism.”

Chad Griffin, president of the Human Rights Campaign, praised the Senate in a statement for confirming each of the five nominees and also said they’re well-qualified to serve.

“Today the U.S. Senate confirmed five highly qualified nominees to important posts who happen to be gay,” Griffin said. “It is a testament to President Obama and the U.S. Senate that the sexual orientation of these nominees was irrelevant to their qualifications for their posts, as it should be.Ā  All Americans should be proud to have these fine public servants representing the interests of the United States.”

Each of the nominees has a history of commitment to public service and the Obama administration. Baer previously worked in the State Department asĀ assistant secretary for the Bureau of Democracy, Human Rights & Labor and worked to advance LGBT rights overseas as part of his portfolio.

His new post atĀ OSCE, which is based in Vienna, comprises 57 European, Asian and North American countries that cooperate on security, terrorism, economic and human rights issues.

Daniel Baer, United States Department of State, Bureau of Democracy, Human Rights and Labor, gay news, Washington Blade

Daniel Baer (Washington Blade photo by Michael Key)

During his confirmation hearing, Baer emphasized the link between advancing human rights overseas and protecting security.

“Today, no serious observer can doubt the link between human rights and security,” Baer said. “We know that respect for human rights cannot be relegated to the ‘nice to have, but not essential’ category, because there is no genuine security in the absence of respect for human rights and adherence to the rule of law.”

Gifford and Costos gave strong support to President Obama in his election efforts and the Democratic Party in years past. Gifford raised money for Obama’s campaign in California in 2008, then served as finance director of the Democratic National Committee before becoming finance director for Obama’s 2012 re-election campaign.

Costos, vice president of global licensing and retailĀ for HBO, contributed more than $60,000 to the Democratic National Committee in the previous election and nearly $5,000 to Obama’s presidential campaign.

One pending gay nominee yet to be confirmed by the Senate is Todd Hughes, who was appointed for a seat on the U.S. Court of Appeals for the Federal Circuit. The Senate Judiciary Committee reported out his nomination last week. Upon confirmation, he’ll become the first openly gay person to serve on a federal appeals court.

Shin Inouye, a White House spokesperson, commended the Senate for the approving these openly gay nominees.

“We appreciate the Senate’s confirmation of many of the Presidents nominees on Thursday,” Inouye said. “These individuals will serve the American people well in their new roles.”

Another openly gay ambassadorial not yet confirmed by the Senate is James “Wally” Brewster, who was nominated as U.S. ambassador to the Dominican Republican. The Senate Foreign Relations Committee has yet to hold a confirmation hearing for him.

Religious groups are opposing his confirming in that country. In July, a high-ranking Catholic cardinal used an anti-gay slur to describe him and religious leaders organized a “Black Monday” protest to oppose him. It’s unclear if this opposition is playing a role in the Senate’s delay in confirming Brewster.

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Congress

Goodlander endorses Pappas’s Senate bid

Announcement puts gay congressman on the path to securing his party’s nomination

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U.S. Rep. Chris Pappas (D-N.H.) (Washington Blade photo by Michael Key)

U.S. Rep. Maggie Goodlander (D-N.H.) on Thursday announced she will not run to represent her state in the U.S. Senate, endorsing gay U.S. Rep. Chris Pappas’s (D-N.H.) bid for the seat of retiring U.S. Sen. Jeanne Shaheen, putting him on the path to secure the Democratic nomination.

“We are in the fight of our lifetimes right now, of a moment of real crisis and challenge,” she said. “I feel humbled and grateful to so many people across our state who have encouraged me to take a look at the U.S. Senate, and after a lot of thought and conversations with people I love and people I respect and people who I had never met before, who I work for in this role right now, I’ve decided that I’m running for re election in the House of Representatives.”

When asked by a reporter from the ABC affiliate station in New Hampshire whether she would endorse Pappas, Goodlander said, “Yes. Chris Pappas has been amazing partner to me in this work and for many years. And I really admire him. I have a lot of confidence in him.”

She continued, “He and I come to this work, I think with a similar set of values, we also have really similar family stories. Our families both came to New Hampshire over 100 years ago from the very same part of northern Greece. And the values that he brings to this work are ones that that I really, really admire. So I’m proud to support him, and I’m really excited to be working with him right now because we’ve got a lot of work to do.”

“Maggie Goodlander has dedicated her career to service, and we can always count on her to stand up to powerful interests and put people first,” Pappas said in a post on X. “I’m so grateful to call her my friend and teammate, and I’m proud to support her re-election and stand with her in the fights ahead.”

Earlier this month, former New Hampshire Gov. Chris Sununu, a Republican, announced he would not enter the Senate race, strengthening the odds that Democrats will retain control of Shaheen’s seat.

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Congress

EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker

Congressman’s correspondence was shared exclusively with the Blade

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Andry HernƔndez Romero (photo credit: Immigrant Defenders Law Center)

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry HernĆ”ndez Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.

Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Washington Blade.

Garcia noted that HernƔndez, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.

Pro-bono lawyers representing HernƔndez during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.

HernĆ”ndez’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.

Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting HernĆ”ndez’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”

The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.

Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:

  • What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
  • What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
  • How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
  • What mechanisms exist to prevent and address potential misconduct?
  • What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
  • What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
  • What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:

  • Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. HernĆ”ndez Romero as a member of the Tren de Aragua gang?
  • What evidence, beyond Mr. HernĆ”ndez Romero’s tattoos, was used to substantiate the claim of gang affiliation?
  • Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
  • What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
  • What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for HernĆ”ndez’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.”Ā 

HernĆ”ndez’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.

Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”

Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding HernĆ”ndez’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.

HernĆ”ndez ā€œwas denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,ā€ the governor wrote. ā€œWe are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”

Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing HernƔndez, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.

ā€œUnder the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if that’s the case,ā€ she said. ā€œIn Andry’s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.ā€

“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,ā€ Toczylowski said.

In March, a DHS spokesperson posted on X that HernĆ”ndez’s ā€œown social media indicates he is a member of Tren de Aragua,ā€ though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity. Ā 

During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m gay. I’m a stylist.” — crying for his mother as he was slapped and his head was shaved.

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Congress

House Republicans advance two anti-trans education bills

Congresswoman Jahana Hayes, LGBTQ groups slammed the effort

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U.S. Rep. Tim Walberg (R-Mich.) chair of the House Education and Workforce Committee (Photo public domain)

Republicans members of the House Education and Workforce Committee advanced two anti-transgender bills on Wednesday, one that would forcibly out students in public elementary and middle schools to their parents and a second covering grades K-12 that critics have dubbed a “don’t say trans” bill.

More specifically, under the PROTECT Kids Act, changes to “a minor’s gender markers, pronouns, or preferred name on any school form or sex-based accommodations, including locker rooms or bathrooms” could not be made without parental consent, while the Say No to Indoctrination Act would prohibit schools from teaching or advancing “gender ideology” as defined by President Donald Trump’s anti-trans Jan. 20 executive order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.

U.S. Rep. Jahana Hayes (D-Conn.), who was named national teacher of the year before her election to Congress, rose to speak out against the bills during the committee’s convening on Wednesday.

“Curriculum does not include teaching students to be something else. Curriculum does not include indoctrinating students to identify as gay or LGBTQ or other or anything. But federal law mandates that all students have civil rights protections,” she said.

The congresswoman continued, “I don’t really understand what the members of this committee think happens in schools, but my question is, what do we do with these children? The children who you are saying, on this committee, don’t exist, the children who are struggling with their identity and often times confide in their teachers and ask for support and help.”

“What we’re doing in this committee is focusing on a small population of students who are at a point in their life where they are struggling and school may, for many of them, feel like the only safe place or the only place where they can get support, or the only place where they can speak to a counselor,” Hayes said.

“And as a teacher, I don’t care if it was just one student that I had to reassure that they were important and they were valued and they belonged here,” she said. “I’m going to do it, and anyone who has dedicated their life to this profession will do the same. So the idea that you all feel okay with arbitrarily erasing, disappearing people, making them think that they they don’t exist, or they don’t have a place in schools, or the curriculum should not include them, or whatever they’re feeling should not be valued, considered, Incorporated, is just wrong.”

“So I will not be supporting this piece of legislation, as if that was not already evident, and I will be using all of my time, my agency, my energy, my advocacy, to ensure that every student,” Hayes said, “feels valued, respected, important and included in the work that I engage in on this committee.”

The congresswoman concluded, “when you are in a classroom and you are a teacher, and that door closes and a student falls in your arms and says to you, I am struggling, and I can’t go home with this information, and I need Help, you have a moral responsibility to help that child or you are in the wrong profession. I yield back.”

The Congressional Equality Caucus slammed the bills in an emailed statement from the chair, U.S. Rep. Mark Takano (D-Calif.), who noted that the legislation comes as “Donald Trump is illegally trying to dismantle the Department of Education and pass tax cuts for billionaires.”

“Extreme Republicans in Congress are trying to distract Americans by advancing cruel, anti-trans legislation,ā€ said the congressman, who is gay. ā€œSchool districts, teachers, and staff best understand how to draft age-appropriate, inclusive curriculums and craft policies that both respect the important role parents play in children’s education and the importance of students’ safety.”

“Yet, Republicans’ Don’t Say Trans Act would cut critical funding for schools if their teachers teach lessons or include materials that simply acknowledge the reality of trans peoples’ existence,” Takano added. “Republicans’ forced outing bill would put kids in danger by requiring schools that want to take certain steps to affirm a transgender student’s identity to forcibly out them to their parents — even if the school knows this will put the student’s safety at risk.”

The caucus also slammed the bills in a series of posts on X.

The Human Rights Campaign also issued a statement on Wednesday by the organization’s communications director, Laurel Powell:

ā€œInstead of putting our dangerous President in check and tackling the American economy’s free fall, House Republicans showed where their priorities lie — giving airtime to junk science and trying to pass more anti-LGBTQ+ legislation.

“Forcing teachers to ā€˜out’ trans youth rather than supporting them in coming out to their families and demanding that schools ignore the trans students who sit in their classrooms is a craven attempt to distract people from economic disaster by vilifying children.

“Even as they fire people whose jobs were to make sure schools have the resources they need, the Trump administration and their allies in Congress continue to attack vulnerable young people to score points with the far right.ā€

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