Opinions
Supreme Court poised to roll back LGBTQ rights
Rebalance stolen court via expansion, term limits

LGBTQ advocates were rightly relieved when the Supreme Court handed down Bostock v. Clayton CountyĀ this past June, a case that extended the prohibition against discrimination in employment to include discrimination based on sexual orientation and gender identity. And with the most LGBTQ-friendly President-elect in U.S. history poised to take office in a matter of days, our community has even more reason to be hopeful.
Despite these positive developments, however, the Supreme Court poses a grave danger to the LGBTQ community. As the court ushers in a new era of conservative dominanceāwith anti-LGBTQ justices holding a 6-3 supermajorityāthe fragile judicial coalition on which the movement for equality has relied is at significant risk of being cast aside.Ā
Justice Amy Coney Barrettās recent confirmation to the court is deeply concerning. Justice Barrett has defended Justice Robertsā dissent in Obergefell, indicating that the issue of marriage equality should belong to state legislatures. She has repeatedly used transphobicĀ and homophobicĀ language, and even argued that Title IX does not protect transgender people. Her extremist positions will embolden the anti-LGBTQ conservative justices on the court ā Justices Kavanaugh and Alito recently held an inappropriate private meetingĀ with an anti-gay activist who had filed briefs in pending cases ā and other Trump-appointed judges, as well as state legislatures to take anti-LGBTQ stances. With equality hanging in the balance, the LGBTQ community cannot afford a Supreme Court that stands to crush any progress made.
Marriage equality:Ā In October, the Supreme Court denied certiorari to a case involving Kentucky woman Kim Davis, who refused to issue marriage licenses to same-sex couples. However, the denial of certiorari came with warning signs: Justices Alito and Thomas wrote a section that cast doubt on the constitutionality ofĀ Obergefell, the landmark Supreme Court case in which Justice Kennedyās opinion that held that marriage is a fundamental right guaranteed to same-sex couples by the Constitution. In the certiorari denial, Justice Thomas wrote: āBy choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the Court has created aĀ problem that only it can fix. Until then,Ā ObergefellĀ will continue to have āruinous consequences for religious liberty.āā While broad majorities of the American people support marriage equality and opponents of it might not have the votes on the Supreme Court to overturn the precedent, it is nonetheless a troubling sign that two Justices would sign onto discrimination against our fellow citizens.
Discrimination:Ā The currently pending caseĀ before the Supreme Court about discrimination isĀ Fulton v. City of Philadelphia. The case emerged from circumstances in 2018: The city of Philadelphia had hired a number of agencies for foster care service. When the city learned that two agencies denied same-sex couples as foster parents, Philadelphia threatened to stop using the agencies unless they agreed to nondiscrimination requirements. While one of the agencies complied, the other, the Catholic Social Services (āCSSā), sued the city in federal district court. The federal district court found in Philadelphiaās favor, which the Third Circuit then unanimously affirmed. Nonetheless, the Supreme Court granted certiorari.
The CSS claimsĀ that because the city looks to several factors, including religious and racial factors, in spite of anti-discrimination law, it cannot at the same time prohibit the agency from considering the sexual orientation of foster parents under the guise of āreligious belief.ā If Philadelphia makes exceptions to its anti-discrimination laws in foster placement, it must also allow religious agencies an exception as well. If Philadelphia does not do so, it violates the First Amendment. The city claims that it can choose not to provide government contracts to organizations that do not adhere to its nondiscriminatory requirements. For the court to decide otherwise, it would mandate that the city discriminate.
The stakes are high, in part because a ruling against equality inĀ FultonĀ could provide cover for underminingĀ Bostock, which extended Title VII protections to LGBTQ employees. An expansion of the religious liberty to discriminate could eat away atĀ Bostock. Even a 5-4 court with Justice Kennedy ruled against LGBTQ rights in Masterpiece Cakeshop. Now, with a 6-3 conservative supermajority,Ā FultonĀ could strike a big blow against equality.
Health care and family:Ā If the Supreme Court strikes down the Affordable Care Act (ACA) in California v. Texas, health care protections for the LGBTQ community would be eliminated. Section 1557 of the ACA is the lawās non-discrimination provision, which bans discrimination in health care on the basis of sex. The Obama administrationās rule interpreted Section 1557ās ban on sex discrimination to includeĀ discrimination on the basis of sexual orientation and gender identity. In addition to Section 1557, the ACA as a whole has been enormously importantĀ for the LGBTQ community. The uninsured rateĀ for lesbian, gay and bisexual Americans fell dramatically due to the ACA and LGBTQ adults have become more likelyĀ to report having regular access to health care. For transgender Americans, who are more likelyĀ to live in poverty or be unemployed and to face enormous challengesĀ and have negative experiences accessing health care, the ACAās Medicaid expansion and provision of individual health insurance through the marketplaces are critical. The 6-3 conservative supermajority on the court makes the end of the ACA significantly more likely, with disastrous consequences that will disproportionately affect the LGBTQ community.Ā
Lawsuits challenging the Obama administrationās interpretation of Section 1557, particularly in regard to its ban on discrimination on the basis of gender identity, have been percolating in the federal courts for years. The Trump administration has attempted to reverseĀ those protections, but it is widely expected that the Biden administration will revert to the Obama-era rule.Ā Even if the ACA survives, this line of litigation could undermine critical protections for transgender individuals in the health care system. While the Supreme Courtās decision in Bostock v. Clayton CountyĀ last term interpreting similar language in Title VII (discrimination on the basis of sex) to cover gender identity should be definitive, the 6-3 conservative supermajority could decide to distinguish these cases and allow for discrimination against LGBTQ individuals in health care. Since so many of the nationās hospitals are affiliatedĀ with religious organizations such as the Catholic Church, the court could seize on Justice Gorsuchās language inĀ BostockĀ suggesting that the Religious Freedom Restoration Act (RFRA) could trump Title VII to require broad religious exemptions from non-discrimination in health care.Ā
Transgender rights:Ā In addition to the massive blow that a gutted ACA could have for transgender rights, other cases about transgender rights percolating in the lower courts may someday make their way to the Supreme Court. In Saba v. Cuomo, for example, a transgender, nonbinary resident sued the state of New York for refusing to allow Mx. Saba to obtain a driverās license that accords with Mx. Sabaās gender identity. In August, a lower court preliminarily enjoinedĀ Idahoās law that barred transgender women from participating on womenās sports teams. That decision is currently being appealed.
Just this past year, the Fourth CircuitĀ and the Eleventh CircuitĀ considered whether school bathroom policies violated transgender studentsā rights. Though both circuits ruled in favor of the students, theĀ GrimmĀ case briefly reached the Supreme CourtĀ in 2017 before being sent back to the lower court. In 2019, the Supreme Court rejected certiorariĀ in a case involving transgender bathrooms, leaving a lower courtās trans-affirming decision in place. But it only takes four votes for the Court to take a case, and with a 6-3 supermajority now firmly in place, there is no telling the havoc it could wreak on transgender rights.
As we celebrate the end of the Trump era, and as we prepare to work with the incoming Biden administration to restore rights that have been destroyed over the past four years while advancing the case for equality, the LGBTQ community must pay attention to the danger posed by anti-LGBTQ justices, and we must advocate forcefully for judicial reforms such as court expansion and term limits that rebalance the stolen, illegitimate court.
Aaron Belkin is the director of the Palm Center and of Take Back the Court, and a political science professor at San Francisco State University.

There can be no other word than āinsanityā for how the felon in the White House, along with his Nazi sympathizing co-president, are handling things. They are living in an alternative universe where they think they are a king and an emperor. They are happily screwing the American people, while creating havoc in the world. If the courts donāt stop them, and I am beginning to lose confidence in the Supreme Court, only Congress, if its members grow some cajónes, or the American people with their votes, will be able to eventually do it.
As I have written, Democrats will have to appeal to people at the local level district-by-district, to win. There have been discussions online about who the Democrats will put up in 2028. My view of those discussions are they are a waste of time. Debating whether it will be Booker or Buttigieg, and I am getting fundraising appeals from both, or someone else, is totally useless unless Democrats can win this year in New Jersey and Virginia, and then take back at least the House of Representatives in 2026. If Democrats canāt do that, it may not matter who our candidate is in 2028.
I recently went to a meeting to hear David Hogg, one of the new vice chairs of the DNC. He is a great young speaker. One suggestion I had for the DNC was they call out Sen. Bernie Sanders, an independent, when he suggests people can vote for a third party. There are very few districts in the nation where a third party has a chance in hell of winning. What they do, as we have seen over and over again, is to help Republicans.
Since Trump won, the list of those he is screwing keeps growing. Today it includes veterans, farmers, teachers, and students. He and his Cabinet have ended programs that helped protect African Americans, the LGBTQ community, women, Latinos, and poor people. He has stopped progress on cancer research, HIV/AIDS research, and fired people who help predict our weather. He fired, and then had to rehire, thousands of people fired by accident, and those the courts forced the administration to rehire.
Today in the United States we have a measles outbreak, with the first children in decades, dying from it. This because the man Trump has as his secretary of Health and Human Services speaks against vaccines. Now that a-hole is trying to have fluoride removed from our water, based on one study that says twice the amount we actually use, could cause problems. He recently did admit the MMR vaccine can actually prevent measles, and now suggests potentially using it.
Veterans are being fired from civilian jobs in the Pentagon, Veterans Administration, and other agencies. When asked about the firings, Alina Habba, a counselor to the president, had a dismissive response. āWithout providing any evidence, Habba claimed that some who served in the U.S. military and went on to take government service jobs were not doing the work.ā She wasnāt contradicted by anyone in the administration, or Congress. So, I would question why any veteran would ever again support Trump, or any of his acolytes.
As Trump moves forward with tariffs, we will see who gets screwed the worst. He paused them for 90 days because business leaders, who supported him, began to question his ideas. āBillionaire investor Bill Ackman, a rare critic among U.S. President Donald Trump’s top supporters, has voiced concerns over the president’s tariff strategy, and voiced, āthis is not what we voted for.āā
Then came the first, if tepid, sign of some Republican senators taking their lips off Trumpās ass long enough to do their job. It was reported, āsigns of GOP wariness emerged Thursday. Republican Sen. Chuck Grassley of Iowa teamed up with Democratic Sen. Maria Cantwell of Washington on a bill that would require the president to give 48 hoursā notice to Congress ahead of his imposition of tariffs, and those tariffs would expire after 60 days unless Congress approves them. The bill, called the Trade Review Act of 2025, was an amendment to a section of the Trade Act of 1974.ā Then the bond market began collapsing and even Trumpās Treasury Secretary took notice.
Every day we wake up to another egregious thing the president has done, or wants to do. He sees himself as a dictator and is only interested in what he can do to wreak vengeance on anyone not willing to genuflect before him. My hope is people stop genuflecting, and instead, tell him to go fāk himself.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Opinions
Fired. Depressed. Moved to Canada: Tales from Trump 2.0
We must not normalize whatās happening to our country

Itās been difficult to keep up with the news since Jan. 20, as the attacks on our community keep coming. The same president who nominated the highest-ranking openly gay government official ever (Scott Bessent as Treasury Secretary) is the same president who is killing transgender Americans via his incessantly cruel attacks on their humanity. (When you deny someone access to the bathroom, you deny their humanity.)
I have struggled to organize my thoughts about Trump 2.0. Instead, I am sharing anonymized anecdotes from people I know and love who have been adversely impacted by his cruelty. This is just a sampling of what Trump has wrought in barely three months.
⢠A close friend with a transgender child abruptly packed up and left the country, driving to Canada. I had no idea until a cryptic social media post prompted me to call. Their trans child no longer felt safe in our country. My friend sold the family home, packed the car, and drove to Canada. My heart breaks for their beautiful family, now geographically separated because of Trumpās attacks.
⢠Another friend in a high-ranking job was singled out by the MAGA social media mob. She was derided as a āDEI hireā simply because sheās a lesbian. The FBI came to her home and advised building a panic room. She now travels with armed security, something she never had to do before Trump.
⢠A friend was offered a job by a major news outlet. The offer was rescinded after their boss discovered a nearly 10-year-old blog post they wrote that was critical of Trump. Yes, the mainstream media are caving to Trumpās threats.
⢠Yet another friend in a senior civilian government post has been forced to fire longtime employees and remove any mention of the LGBTQ community (to which he belongs) from a government website. This includes important studies on LGBTQ health and wellness.
⢠And another friend who was fired from her federal government job is struggling with depression, unable so far to find a new job after a career in public service that ended with a dismissal for no reason.
Welcome to MAGAās America, where public servants are ridiculed, threatened, and fired. Where mothers and fathers of transgender children are fleeing the country because their child fears being killed here. Where hard-working business leaders who happen to be LGBTQ or women or Black are targeted and doxed by Trumpās brainwashed, bigoted followers. Where one-time corporate āalliesā are running like cowards from their DEI programming and support for the LGBTQ community.
At the Blade, I have fielded multiple requests from sources asking that their names be removed from past news articles because they fear government retaliation merely for being publicly identified as LGBTQ. Weāve never needed a formal policy for such requests until Trump returned to power. After consulting with experts in journalism ethics, we have decided to take such requests on a case-by-case basis. We have a unique contract with our readers, very different from mainstream outlets like the Washington Post, and will find a workable solution as these questions arise.
So now what? Those of us in a position to resist must do so. We must not normalize whatās happening to our country. Firebombing a governorās residence; storming the U.S. Capitol; plotting to kidnap Democratic governors ā none of this is normal or āOK,ā as Pennsylvania Gov. Josh Shapiro said in a major understatement last weekend.
Join the growing protest movement around the country. Call and write to your elected representatives urging them to oppose Trumpās agenda, from his stupidly reckless tariff policies to his anti-trans attacks. Attend local town halls with elected officials and denounce the mass firings of federal workers. Read and donate to your local media outlets doing their best to cover all of these attacks on democracy.
And, perhaps most crucially, do what you can to support Democratic candidates running in the 2026 midterms. Our only hope of saving American democracy and the Constitution may be for Democrats to retake one or both houses of Congress next year. The Republicans have a narrow 220-213 majority. Last week, the Democratic Congressional Campaign Committee highlighted 35 GOP-held districts it is targeting in 2026; they only need to flip seven of those. The Senate will be a bigger challenge, though not impossible, as Democrats would need to flip four seats to take control. They have a good shot in Maine and North Carolina. With Trumpās plummeting approval ratings and an economy headed for recession, the Alaska and Ohio Senate races could also be competitive.
Stay engaged and informed. Reach out to friends whoāve lost their jobs to Elon Muskās craven chainsaw approach to gutting the federal government. Do what you can to support and reassure the trans community that we have their backs. We know better than anyone that silence equals death. So find your voice and speak out.
Kevin NaffĀ is editor of the Washington Blade. Reach him atĀ [email protected].
Opinions
Keir Starmer has blood on his hands
British prime ministerās foreign assistance cuts will kill people with HIV

My name is Mijan. I’m a born and bred East Londoner, a child of immigrants, an ACT UP London/UK activist, and I live with HIV. ACT UP UK and our kin across the pond, ACT UP US, was founded to fight and champion rights of people living with and affected by HIV/AIDS. We are a global coalition that believes in Fund Healthcare Not Warfare, a transatlantic movement that demands global health justice and an end to military prioritisation over the health and wellbeing of human life. The threats we face are the same from funding cuts, state suppression, and queer erasure. U.S. or the U.K. we sing from the same hymn sheet: We will not stand by while our lives are at risk.
On April 8, eight of us ACT UP Activists disrupted Prime Minister Keir Starmerās Liaison Committee. We were peaceful and determined to execute our die-in. Security was almost as determined to make sure we didn’t. They strong-armed us out of parliament like we were a threat. We tried to begin our die-in, to make a statement for the lives at stake, but instead we were rammed out the revolving doors as we were leaving, which they ended up jamming and dumped on the stairs of Portcullis House. We made the best of a bad situation and laid on the dirty grounds ā because this is what democracy looks like in the U.K. when itās under attack.
Why were we there? Because we are scared and angry. Because we are regressing. Because AIDS cuts means death.
Keir Starmerās Labour government is enacting the most drastic reduction in U.K. AID cuts we have seen in many years, slashing it from 0.5 percent of gross national income to 0.3 percent by 2027. This is the lowest level of Official Development Assistance spending in years ā and itās being justified to increase defense spending. More missiles, fewer medicines. More tanks, fewer treatments.
Starmer, you justify this under the guise of “security” ā but whose security are you protecting? Itās not mine. I live with HIV, and Iām only alive today because of global health funding, funding that made treatment, programs, and vital research possible. Thanks to that support, HIV is no longer a death sentence for many of us. But thatās not the case for everyone.
Not everyone has the privilege of being born in countries like the U.K., where treatment is accessible and free. Many will die because of funding cuts. Many will lose loved ones. We will see HIV contraction rates rise. We will see preventable deaths increase.
Kier, what you are doing is wrong! What you are doing is horrible! What you are doing is deadly!
Don’t take my word for it. Listen to our world health experts. The World Health Organizationās Director-General, Tedros Adhanom Ghebreyesus, has warned that these cuts could cause over 10 million additional HIV infections and three million HIV-related deaths. A new modeling study published in the Lancet HIV by the Burnet Institute backs this up ā projecting a 24 percent reduction in international HIV funding by 2026 if current trends continue. Twenty years of progress in HIV treatment and prevention could be wiped out by a single budget.
Deplorable.
Is this what Labour stands for? I thought this party would fight for us.
HIV/AIDS disproportionately affects queer people and people of color ā already marginalized communities who are now being discarded. Labour was created by and for people who lived on the fringe of society, the little guy. Labour is meant to empower, support and protect the vulnerable, not sacrifice them. Labour is meant to listen to the people, not silence them and ram them out like cattle to slaughter. Labour should be ashamed. You are not for the people.
We were there for a reason. We were there because lives depend on it. We showed up because diplomacy failed. When we chose peaceful protest, we were met with aggression and suppression. Thatās what we need to talk about too. Because this isnāt just about foreign aid anymore ā this is also about our right to protest being attacked.
When activists are forced out of parliament for daring to peacefully protest against inhumane policies, it truly puts into perspective a dying democracy.
Democracy is no longer open to the people. Our ability to protest is now treated as a threat to power. Our democracy is under threat. And itās not just from Tory strongmen. Itās from the very party thatās supposed to be on our side.
This Labour government has abandoned its principles and has abused people’s trust. That it will turn its back on migrants, on the poor, on queer people, on disabled people, and now ā on people living with and at risk of HIV/AIDS. It is morally bankrupt.
Bombing your way to justice will not achieve equality. Ignoring a global health crisis and is not progressive. Get your priorities straight: Fund health care, not warfare. Invest in life, not death. Restore the 0.5 percent foreign aid commitment, and stop treating the most vulnerable lives on the planet as expendable.
Keir Starmer, you have blood on your hands.
You may have pushed us out of parliament, but we will not be silenced. We will be louder. We will be bolder. We will not let this die. ACT UP has always believed in one simple truth: SILENCE = DEATH.
Mijan is a pseudonym for an HIV-positive activist who believes that SILENCE = DEATH.
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