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Obama tries again: 2nd gay black man named to fed’l bench

Gayles named for seat on federal bench in Florida

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Citizens Metal, Barack Obama, gay news, Washington Blade
Citizens Metal, Barack Obama, gay news, Washington Blade

President Obama nominated a gay black judge to serve on federal court (Washington Blade file photo by Michael Key).

After his earlier attempt at appointing a gay black male judge to the federal bench was thwarted by Sen. Marco Rubio (R-Fla.), President Obama on Wednesday announced he’s making another effort with a different nominee in the same court.

Obama named Darrin Gayles, who currently serves as a Miami-Dade Circuit Judge in Florida, as part of a group of four nominees for a seat on the U.S. District Court for the Southern District of Florida.

“Throughout their careers, these distinguished men and women have demonstrated a steadfast commitment to public service,” Obama said in a statement. “I am confident they will serve the American people with distinction from the District Court bench.”

If confirmed by the Senate, Gayles would be the first gay black male to serve on the federal bench. (Deborah Batts, confirmed to the federal bench in 1994 and the first-ever out person to sit on the federal judiciary, is also black.)

Steven Thai, a spokesperson for the Gay & Lesbian Victory Institute, praised Obama for nominating Gayles.

“We commend the administration for nominating a qualified jurist who will also add diversity to the federal bench,” Thai said. “If confirmed, Judge Gayles will be the nation’s first black, openly gay federal judge, and he will reflect the talent and commitment that exists in communities that are underrepresented in public service.”

According to a White House bio, Gayles has served as a circuit judge in Florida state court since 2011. He was among the candidates endorsed by the Gay & Lesbian Victory Fund in 2012.

Before that, Gayles was a county judge since 2004. He’s also served as an assistant U.S. attorney for the Southern District of Florida, an assistant district counsel at the U.S. Immigration & Naturalization Service and an assistant state attorney.

Gayles received his law degree in 1993 from George Washington University Law School and his bachelor’s degree in 1990 from Howard University.

In November 2012, Obama made an attempt to appoint a gay black judge to the federal judiciary by naming Miami-Dade Circuit Judge William Thomas to federal court in Florida, but the nomination never even saw a hearing.

Rubio, who had initially recommended the Thomas nomination, refused to hand in his “blue slip” as one of his home-state senators to start the process of confirmation, objecting to Thomas’ temperament when presiding over two different cases.

Although lawyers involved in the case said he acted appropriately, Rubio refused to allow the nominee to proceed. At the start of the year, Obama didn’t include Thomas’ name among the 200 nominees that were renamed, and the White House said Thomas wouldn’t be named again.

In a statement, Rubio said he’s happy with each of the four judicial nominees that Obama named on Wednesday, which would include Gayles, but said he wished the White House would have acted in more bipartisan manner.

“I welcome today’s four nominations to the district courts in Florida,” Rubio said. “As I previously indicated to the president, I do not anticipate having an objection to moving forward on any of these nominations pending the outcome of the customary background check conducted on every nominee. I am disappointed, however that given the opportunity to fill four vacancies on the court, the White House has declined to nominate any of the Republican finalists jointly suggested by Sen. Nelson and myself.”

Alex Conant, a Rubio spokesperson, said Gayles was on a list of potential nominees that Rubio’s office told the White House would be acceptable.

Ryan Brown, a spokesperson for Sen. Bill Nelson (D-Fla.), said Gayles was among the potential nominees the Florida Democrat sent to the president.

Obama has also named Staci Michelle Yandle, a black lesbian, for a seat on the U.S. District Court for the Southern District of Illinois. Her nomination is pending before the Senate Judiciary Committee.

D’Arcy Kemnitz, president of the LGBT Bar Association, said Gayles’ nomination “deserves prompt consideration” by the Senate.

“Darrin Gayles is admired and well-respected throughout the profession,” Kemnitz said. “Our judiciary should never be politicized, and any attempt to delay or derail his nomination because of animus or discriminatory political views would be unacceptable.”

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Chile

Far-right José Antonio Kast elected Chile’s next president

Advocacy group declares ‘state of alert’ over president-elect’s opposition to LGBTQ rights

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Chilean President-elect José Antonio Kast (YouTube screen shot)

José Antonio Kast on Sunday won the second round of Chile’s presidential election.

Kast is the far-right leader of the Republican Party who was a member of the country’s House of Deputies from 2002-2018. He defeated Jeannette Jara, a member of the Communist Party of Chile who was former labor and social welfare minister in outgoing President Gabriel Boric’s government, by a 58.2-41.8 percent margin.

The election’s first round took place on Nov. 16.

Kast and Jara faced each other in the runoff after no candidate received at least 50 percent of the vote in the first round. Kast will take office on March 11.

“Under his leadership, we are confident Chile will advance shared priorities to include strengthening public security, ending illegal immigration, and revitalizing our commercial relationship,” said U.S. Secretary of State Marco Rubio on Sunday in a statement. “The United States looks forward to working closely with his administration to deepen our partnership and promote shared prosperity in our hemisphere.”

The Washington Blade has previously reported Kast has expressed his opposition to gender-specific policies, comprehensive sex education, and reforms to Chile’s anti-discrimination laws. The president-elect has also publicly opposed the country’s marriage equality law that took effect in 2022.

The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ and intersex rights group known by the acronym Movilh, in a statement acknowledged the election result. Movilh also declared a “state of alert, given this leader’s (Kast’s) public and political trajectory, characterized for decades by systematic opposition to laws and policies aimed at equality and nondiscrimination of LGBTIQ+ individuals.”

“We urge the president-elect and far-right sectors that follow him to understand and internalize (the fact) that the rights of LGBTIQ+ people are inscribed in the universality of human rights, and they are not built upon an ideology or a political trend,” said Movilh in its statement. “This is not, and never has been, a left-wing or right-wing issue, although some on both sides have gone to great lengths to suggest otherwise, without any basis other than their own partisan or electoral aspirations.”

Organizado Trans Diversidades, a group that advocates on behalf of trans and nonbinary Chileans, on social media said it will “continue the fight for our community’s human rights.”

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Virginia

DOJ seeks to join lawsuit against Loudoun County over trans student in locker room

Three male high school students suspended after complaining about classmate

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Loudoun County Public Schools building. (Washington Blade photo by Michael Key)

The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.

The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.

The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”

“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”

“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.

Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.

The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.

The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”

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The White House

As house Democrats release Epstein photos, Garcia continues to demand DOJ transparency

Blade this week sat down with gay House Oversight Committee ranking member

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A photo released by the House Oversight Committee showing Donald Trump 's close relationship with Jeffrey Epstein . (Photo courtesy of the U.S. House Oversight Committee)

Democrats on the House Oversight Committee have released new photos from Jeffrey Epstein’s email and computer records, including images highlighting the relationship between President Donald Trump and the convicted sex offender.

Epstein, a wealthy financier, was found guilty of procuring a child for prostitution and sex trafficking, serving a 13-month prison sentence in 2008. At the time of his death in prison under mysterious circumstances, he was facing charges of sex trafficking and conspiracy to traffic minors.

Among those pictured in Epstein’s digital files are Trump, former President Bill Clinton, former Trump adviser Steve Bannon, actor and director Woody Allen, economist Larry Summers, lawyer Alan Dershowitz, entrepreneurs Richard Branson and Bill Gates, and Andrew Mountbatten-Windsor.

One photo shows Trump alongside Epstein and a woman at a Victoria’s Secret party in New York in 1997. American media outlets have published the image, while Getty Images identified the woman as model Ingrid Seynhaeve.

Oversight Committee Democrats are reviewing the full set of photos and plan to release additional images to the public in the coming days and weeks, emphasizing their commitment to protecting survivors’ identities.

With just a week left for the Justice Department to publish all files related to Epstein following the passage of the Epstein Files Transparency Act, which requires the Justice Department to release most records connected to Epstein investigations, the Washington Blade sat down with U.S. Rep. Robert Garcia (D-Calif.), the ranking member on the Oversight Committee to discuss the current push the release of more documents.

Garcia highlighted the committee’s commitment to transparency and accountability.

U.S. Rep. Robert Garcia (D-Calif.) during a sit down with the Washington Blade. (Washington Blade photo by Michael Key)

“We’ve said anything that we get we’re going to put out. We don’t care who is in the files … if you’ve harmed women and girls, then we’ve got to hold you accountable.”

He noted ongoing questions surrounding Trump’s relationship with Epstein, given their long history and the apparent break in friendship once Trump assumed public office.

“There’s been a lot of questions about … Donald Trump and Jeffrey Epstein. They were best friends for 10 years … met women there and girls.”

Prior to Trump’s presidency, it was widely reported that the two were friends who visited each other’s properties regularly. Additional reporting shows they socialized frequently throughout the 1990s and early 2000s, attending parties at Trump’s Mar-a-Lago resort in Florida and Epstein’s residences. Flight logs from an associate’s trial indicate Trump flew on Epstein’s private jet multiple times, and Epstein claimed Trump first had sex with his future wife, Melania Knauss, aboard the jet.

“We’ve provided evidence … [that leads to] questions about what the relationship was like between Donald Trump and Jeffrey Epstein.”

Garcia stressed the need for answers regarding the White House’s role in withholding information, questioning the sudden change in attitude toward releasing the files given Trump’s campaign promises.

“Why is the White House trying to cover this up? So if he’s not covering for himself … he’s covering up for his rich friends,” Garcia said. “Why the cover up? Who are you hiding for? I think that’s the question.”

He confirmed that Trump is definitively in the Epstein files, though the extent remains unknown, but will be uncovered soon.

“We know that Trump’s in them. Yeah, he’s been told. We know that Trump’s in them in some way. As far as the extent of it … we don’t know.”

Garcia emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or personal connections.

“All these powerful men that are walking around right now … after abusing, in some cases, 14‑ and 15‑year‑old girls, they have to be held accountable,” he said. “There has to be justice for those survivors and the American public deserves the truth about who was involved in that.”

He added that while he is the ranking member, he will ensure the oversight committee will use all available political tools, including subpoenas — potentially even for the president. 

“We want to subpoena anyone that we can … everyone’s kind of on the table.”

He also emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or relationship with the president.

“For me, they’re about justice and doing the right thing,” Garcia said. “This is about women who … were girls and children when they were being abused, trafficked, in some cases, raped. And these women deserve justice.”

“The survivors are strong.”

Deputy White House Press Secretary Abigail Jackson issued a statement regarding the release the photos, echoing previous comments from Republicans on the timing and framing of the photos by the Oversight Committee.

“Once again, House Democrats are selectively releasing cherry-picked photos with random redactions to try and create a false narrative,” Jackson said.

“The Democrat hoax against President Trump has been repeatedly debunked and the Trump administration has done more for Epstein’s victims than Democrats ever have by repeatedly calling for transparency, releasing thousands of pages of documents, and calling for further investigations into Epstein’s Democrat friends,”

In a press release on Friday, Garcia called for immediate DOJ action:

“It is time to end this White House cover-up and bring justice to the survivors of Jeffrey Epstein and his powerful friends. These disturbing photos raise even more questions about Epstein and his relationships with some of the most powerful men in the world. We will not rest until the American people get the truth. The Department of Justice must release all the files, NOW.”

Steve Bannon and Jeffrey Epstein in Epstein Files photo. (Photo courtesy of the U.S. House Oversight Committee)
Trump in another photo from Epstein’s digital files. (Photo courtesy of the U.S. House Oversight Committee)
(Photo courtesy of the U.S. House Oversight Committee)
Bill Gates and Andrew Montbatton-Windsor in Epstein Files photo. (Photo courtesy of the U.S. House Oversight Committee)
Bill Clinton and Ghislaine Maxwell and Jeffrey Epstein in Epstein Files photo.
(Photo courtesy of the U.S. House Oversight Committee)

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