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Court affirms ruling against pro-LGBT Louisiana executive order

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Bilal Ahmed

An appeals court has upheld a ruling against a pro-LGBT Louisiana executive order.

A state appeals court in Louisiana has affirmed Gov. John Bel Edwards’ executive order barring anti-LGBT discrimination in the state government and among state contractors is unconstitutional.

In a nine-page decision issued Wednesday, Judge Toni Higginbotham of the Louisiana First Circuit Court of Appeal for the Second District concludes the executive order violates separation of power and is an overreach of the governor’s authority.

“The governor’s executive order in this case goes beyond a mere policy statement or directive to fulfill law, because there is no current state or federal law specifically outlining anti-discrimination laws concerning and/or defining sexual orientation or gender identity,” Higginbotham writes.

The order affirms a decision issued by Judge Todd Hernandez of the 19th Judicial District Court in December as the result of a dispute between Louisiana Attorney General Jeff Landry, a Republican, and the Democratic governor.

“Having found the governor’s executive order invalid, we conclude that the district court did not err in permanently enjoining the mandatory adoption of the executive order,” the order says.

The decision also vacates the lower court ruling’s on the dispute of constitutional powers between the governor and the attorney general because, without than the issues raised by the executive order, no factual dispute exists and any ruling would constitute an advisory opinion.

The Louisiana First Circuit Court of Appeals for the Second District, located in Baton Rouge, consists of 12 judges, each of whom serve on the bench as a result of popular election, not appointment. The case was before a three-judge panel consisting of Higginbotham, Judge Guy Holdridge and Judge Allison Hopkins Penzato.

In a written note at bottom of the first page of the decision, Holdridge indicates he “concurs in the result” of the decision, but suggests he finds other implications.

Edwards signed the executive order in July 2016. It prohibits discrimination on the basis of several categories — including sexual orientation and gender identity — in state agencies in terms of services, employment and purchases of contracts and for state contractors in terms of employment. The component related to purchases of contracts and contractors had an exemption for churches and religious organizations.

In a statement after the decision, Edwards said his office “will thoroughly review the ruling before determining our next steps.”

“I have said repeatedly that discrimination is not a Louisiana value, and this decision does not change my conviction that hiring decisions in state government should be based on merit alone,” Edwards said. “Discrimination in state government and by state contractors is wrong, makes us weaker, and is bad for business and economic development.”

Edwards pointed to President Trump’s decision to keep in place an Obama-era executive order barring anti-LGBT workplace discrimination among federal contractors as evidence the state order is lawful.

“Even President Trump agrees, as he has kept in place a federal executive order which is virtually identical to the order I put in place,” Edwards said. “I went a step further and provided an exemption for certain religious organizations.”

Claiming victory, Landry said the court ruling “affirms a notion of basic civics that the legislature makes the law, not the governor.”

“We do not live under a king in Louisiana; we have a governor, an independent attorney general, an elected legislature, and a court system who are all involved in the governing of our state,” Landry said. “I applaud the professionalism and attention of the Court of Appeal in these matters.”

No state law in Louisiana protects LGBT people from discrimination in Louisiana. Now that Landry has succeeded in enjoining enforcement of executive order, LGBT people will have rely on other resources to seek recourse from discrimination, which may include local civil rights law and other non-discrimination policies. Federal law against sex discrimination, which increasingly has been interpreted to apply to LGBT people, still holds in Louisiana.

Louisiana Solicitor General Elizabeth Murrill also commended the court for ruling against Bel Edwards’ executive order in a statement.

“This dispute was always about separation of powers and executive overreach,” Murrill said. “The governor tried to make it something else and, in doing so, deflected that basic issue. Our position has been consistent – expanding the law to create new protected classes requires legislative action.”

 

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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 “life-saving humanitarian assistance” 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 Sings” by Maya Angelou, “Stone Fruit” by Lee Lai, “The Hate U Give” by Angie Thomas, “Lies My Teacher Told Me: Everything Your American History Textbook Got Wrong” by James W. Loewen, “Gender Queer: A Memoir” by Maia Kobabe, and “Democracy in Black: How Race Still Enslaves the American Soul” by Eddie S. Glaude, Jr. 

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,” Lambda Legal Chief Legal Officer Jennifer C. Pizer and 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.

“We 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 “have 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.”

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 “terminating, 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.” 

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