News
With Dem filibuster assured, Gorsuch nomination heads to Senate floor
McConnell may invoke ‘nuclear option’ to force confirmation


Democrats stand ready to filibuster the confirmation of Judge Neil Gorsuch. (Washington Blade photo by Michael Key)
The Senate Judiciary Committee advanced Monday the nomination of Neil Gorsuch to the U.S. Supreme Court, although the nomination has hit a significant snag now that Democrats have secured the votes necessary to successfully filibuster his confirmation.
Before the committee approved the Gorsuch nomination on a party-line vote, Sen. Chris Coons (D-Del.) announced during the session he would oppose the nominee and support the Democratic filibuster against him. That made him the 41st vote needed for a successful filibuster.
“I am not ready to end debate on this issue, so I will be voting against cloture, unless we are able as a body to finally sit down and find a way to avoid the nuclear option and ensure the process to fill the next vacancy on the court is not a narrowly partisan process,” Coons said.
Other top Democrats announcing they would join Senate Minority Leader Chuck Schumer (D-N.Y.)’s filibuster were Sen. Dianne Feinstein (D-Calif.), top Democrat on the committee, and Sen. Patrick Leahy (D-N.Y.), who until recently was ranking Democrat.
Feinstein cited during the hearing Republican obstruction of former President Obama’s nomination of Merrick Garland to the U.S. Supreme Court as well as various decisions Gorsuch reached as a Justice Department official during the Bush administration and a judge on the U.S. 11th Circuit Court of Appeals.
“Our job is to assess whether the nominee will protect the legal and constitutional rights of all Americans, and whether the nominee recognizes the humanity and justice required when evaluating the cases before him,” Feinstein said. “Unfortunately, based on Judge Gorsuchās record at the Department of Justice, his tenure on the bench, his appearance before the Senate and his written questions for the record, I cannot support this nomination.ā
Also cited by Feinstein as a concern is the more than $10 million the Koch brothers have declared they intend to spend to support the Gorsuch confirmation as well as ads buys from the National Rifle Association and the Judicial Crisis Network.
With a filibuster of the Gorsuch nomination likely to succeed when the cloture vote for the nominee is held on Thursday, Senate Majority Leader Mitch McConnell (R-Ky.) is likely to invoke the “nuclear option,” which would eliminate the long-standing ability to filibuster nominees to the U.S. Supreme Court.
McConnell strongly suggested during an interview on NBC’s “Meet the Press” he would invoke the “nuclear option” when he declared Gorsuch would be confirmed this week with or without help from Democrats.
“What I can tell you is that Neil Gorsuch will be confirmed this week,” McConnell said. “How that happens really depends on our Democratic friends, how many of them are willing to oppose cloture on a partisan basis to kill a Supreme Court nominee, never happened before in history, the whole history of the country.”
White House Press Secretary Sean Spicer said Monday President Trump would support invoking the “nuclear option” to end the filibuster, but ultimately the decision rests with McConnell.
“There’s literally going to be the first filibuster in modern times on a qualified judge that’s going to end up going on the court,” Spicer said. “We have really come a long way, and I think Democrats are setting a very dangerous precedent when it comes to how they want to do this because this isn’t about voting against somebody or having an issue with them, it is literally trying to stop using the filibuster for something it was never really intended for, nor has it been the principle that we would vote down someone who is qualified.”
LGBT rights supporters have universally opposed the confirmation of Gorsuch to the Supreme Court, citing as a chief concern his decision on the 11th Circuit in favor of Hobby Lobby being allowed to deny contraception coverage for employees under Obamacare on the basis of “religious freedom” for the corporation. That reasoning, observers say, could lead to religious exemptions for LGBT non-discrimination laws should they be adjudicated by the U.S. Supreme Court.
Chad Griffin, president of the Human Rights Campaign, on Twitter declared support for the Democrats’ filibuster of the Gorsuch nomination based on the nominee’s rulings he says could spell trouble for LGBT people.
#Gorsuch‘s anti-equality views have no place on #SCOTUS. @HRC stands with all those trying to stop this dangerous nomination. https://t.co/jy4krtlZ3A
ā Chad Griffin (@ChadHGriffin) April 3, 2017
During his confirmation hearing, Gorsuch said he believes marriage equalityĀ is “settled law,” but also cited “ongoing litigation about its impact and application right now.”
Rachel Tiven, executive director of Lambda Legal, said Gorsuch’s words hedging the finality of the marriage issue is “a dog-whistle to the religious extremists who funded his nomination.”
āHe wouldnāt answer whether he thinks cases concerning marriage equality, abortion, school desegregation, or the right to an attorney were correctly decided and final,” Tiven said. “He disdains the regulations that govern clean air, clean water and safe food. His snide treatment of everyone from the trucker freezing to death by the side of the road to plaintiffs like ours, who count on the courts to see their humanity and fundamental equality, is startling. In short, this is not a person fit to rule on the lives of 315 million Americans.”
U.S. Military/Pentagon
Pentagon urged to reverse Naval Academy book ban
Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

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, āStone Fruitā by Lee Lai,Ā āThe Hate U Giveā by Angie Thomas, āLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā by James W. Loewen, āGender Queer: A Memoirā by Maia Kobabe, and āDemocracy 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.
Federal Government
White House sues Maine for refusing to comply with trans athlete ban
Lawsuit follows months-long conflict over school sports in state

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.
āWe 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 āhave 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 ā which, likewise, concerned their inclusion of trans student-athletes in competitive sports ā 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 āterminating, freezing, or otherwise interfering with the stateās access to federal funds based on alleged Title IX violations without following the process required by federal statute.āĀ
United Kingdom
UK Supreme Court rules legal definition of woman limited to ‘biological women’
Advocacy groups say decision is serious setback for transgender rights

The British Supreme Court on Wednesday ruled the legal definition of a woman is limited to “biological women” and does not include transgender women.
The Equality Act that bans discrimination based on sexual orientation and gender identity took effect in 2010.
Scottish MPs in 2018 passed a bill that sought to increase the number of women on government boards. The Supreme Court ruling notes For Women Scotland ā a “feminist voluntary organization which campaigns to strengthen women’s rights and children’s rights in Scotland” ā challenged the Scottish government’s decision to include trans women with a Gender Recognition Certificate in its definition of women when it implemented the quota.
Stonewall U.K., a British advocacy group, notes a Gender Recognition Certificate is “a document that allows some trans men and trans women to have the right gender on their birth certificate.”
“We conclude that the guidance issued by the Scottish government is incorrect,” reads the Supreme Court ruling. “A person with a GRC (Gender Recognition Certificate) in the female gender does not come within the definition of ‘woman’ for the purposes of sex discrimination in section 11 of the EA (Equality Act) 2010. That in turn means that the definition of ‘woman’ in section 2 of the 2018 Act, which Scottish ministers accept must bear the same meaning as the term ‘woman’ in section 11 and section 212 of the EA 2010, is limited to biological women and does not include trans women with a GRC.”
The 88-page ruling says trans people “are protected by the indirect discrimination provisions” of the Equality Act, regardless of whether they have a Gender Recognition Certificate.
“Transgender people are also protected from indirect discrimination where they are put at a particular disadvantage which they share with members of their biological sex,” it adds.
Susan Smith, co-founder of For Women Scotland, praised the decision.
“Today the judges have said what we always believed to be the case, that women are protected by their biological sex,” she said, according to the BBC. “Sex is real and women can now feel safe that services and spaces designated for women are for women and we are enormously grateful to the Supreme Court for this ruling.”
Author J.K. Rowling on X said it “took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court.”
“In winning, they’ve protected the rights of women and girls across the UK,” she added.
It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, theyāve protected the rights of women and girls across the UK. @ForWomenScot, Iām so proud to know you š“ó §ó ¢ó ³ó £ó “ó æšš“ó §ó ¢ó ³ó £ó “ó æšš“ó §ó ¢ó ³ó £ó “ó 暤š“ó §ó ¢ó ³ó £ó “ó æ https://t.co/JEvcScVVGS
— J.K. Rowling (@jk_rowling) April 16, 2025
Advocacy groups in Scotland and across the U.K. said the ruling is a serious setback for trans rights.
“We are really shocked by today’s Supreme Court decision ā which reverses 20 years of understanding on how the law recognizes trans men and women with Gender Recognition Certificates,” said Scottish Trans and the Equality Network in a statement posted to Instagram. “The judgment seems to have totally missed what matters to trans people ā that we are able to live our lives, and be recognized, in line with who we truly are.”
Consortium, a network of more than 700 LGBTQ and intersex rights groups from across the U.K., in their own statement said it is “deeply concerned at the widespread, harmful implications of today’s Supreme Court ruling.”
“As LGBT+ organizations across the country, we stand in solidarity with trans, intersex and nonbinary folk as we navigate from here,” said Consortium.
The Supreme Court said its decision can be appealed.
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