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Biden administration announces global LGBTQ rights priorities

Homosexuality remains criminalized in upwards of 70 countries

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Cuba, Pride flag, gay news, U.S. Embassy, Washington Blade
The U.S. Embassy in Cuba in 2016 flew the Pride flag in commemoration of the International Day Against Homophobia, Transphobia and Biphobia. State Department spokesperson Ned Price on May 14, 2021, discussed the Biden administration's global LGBTQ rights priorities. (Photo courtesy of the U.S. Embassy in Cuba).

 

State Department spokesperson Ned Price on May 14 said the decriminalization of consensual same-sex sexual relations is one of the five priorities for the Biden administration in its efforts to promote LGBTQ rights abroad.

“The United States over the course of years has made some progress, but neither I, nor I think any objective observer should be satisfied with where we are,” Price told the Washington Blade during a telephone interview. “There’s a lot more work to do.”

President Biden in February signed a memorandum that committed the U.S. to promoting LGBTQ rights abroad. Price told the Blade the decriminalization of homosexuality is “one of the many reasons why” the White House issued it.

“It is one of the many reasons why Secretary Blinken is so focused on this issue as well,” said Price.

Homosexuality remains criminalized in nearly 70 countries around the world.

Saudi Arabia and Iran are among the handful of countries that impose the death penalty upon anyone found guilty of engaging in consensual same-sex sexual relations. Bhutan and Gabon are among the nations that have decriminalized homosexuality in recent years.

The Trump administration in 2019 tapped then-U.S. Ambassador to Germany Richard Grenell to lead a decriminalization initiative. Price declined to tell the Blade whether he feels the campaign was effective.

“Across the board I generally have a posture of not characterizing the last administration,” said Price. “I’ll leave them to speak to their record.”

Migration mitigation efforts must be ‘holistic’

Price told the Blade the Biden administration will also work to protect LGBTQ migrants and asylum seekers.

“When it comes to the (issue of) irregular migration, this is not just a challenge at our border,” he said. “This is fundamentally a challenge that starts in the region and if we are to address the migrant flows that reach our borders, we’re going to have to start in the region and that’s precisely what we’re doing.”

Activists in Honduras, El Salvador, Guatemala and other countries with whom the Blade has spoken say violence and discrimination based on gender identity and sexual orientation are among the factors that prompt LGBTQ people to flee their homes and travel to the U.S.

Price did not say whether any of the $4 billion in aid the Biden administration has pledged to spend in order to help mitigate the causes of migration from Central America’s Northern Triangle will specifically go to LGBTQ rights groups or HIV/AIDS service organizations. Vice President Kamala Harris late last month announced an additional $310 million in aid to “address” what Price described as “the root causes of irregular migration and to provide people with the confidence that they need not undertake the very dangerous journey north to the United States and that they can be confident in their lives in their home countries.”

“Oftentimes that is about economic opportunity, but there are cases in which it has more to do with discrimination and persecution,” Price told the Blade. “And so, we recognize that our approach to addressing those underlying drivers has to be holistic, given there are a range of factors and that’s why we’re working with a variety of groups on the ground and also understanding that marginalized communities, including the LGBTQI community, in the region, that there needs to be meaningful partnership there as well.”

“USAID (U.S. Agency for International Development) is deeply engaged in this work, the State Department is engaged in this work as well and will continue to be, knowing that if we’re going to make progress, if we’re going to address the underlying root causes of irregular migration, we need to attempt to address all of them,” he added.

Price told the Blade the administration’s three other global LGBTQ rights priorities are funding efforts “to protect human rights and to advance nondiscrimination around the world,” respond to anti-LGBTQ human rights abuses and “building coalitions and engaging international organizations in the fight against this discrimination.”

“We have said across the board that one of the pillars of our foreign policy is the recognition that, yes, the United States is the most powerful country on the face of the Earth,” said Price. “We have tremendous sway and influence the world over, but we also recognize that in every challenge in virtually every arena, we will be able to do more, we will be able to be more effective, we’ll be able to be more persuasive and act more decisively when we bring our allies and partners along with us and this administration has put a great deal of emphasis on our alliances, our partnerships, but also those like-minded, as we call them, partners.”

Price added the U.S. recognizes “the values we share with our closest partners in the world are incredibly important.”

“They provide us with a similar framework and a set of priorities on which to act and of course working together to protect, but also to promote the rights of LGBTQ populations around the world,” he told the Blade. “It is a core tenet of what we share with our like-minded allies and partners. You will see us doing this on a bilateral basis. You will see us doing this on a multilateral basis, within blocks and groupings, and also at the U.N. as well. We will seek to press this case in all of those contexts.”

Blinken issues IDAHOBiT statement

Price spoke with the Blade three days before the International Day Against Homophobia, Biphobia and Transphobia, which commemorates the World Health Organization’s 1990 decision to declassify homosexuality as a mental disorder. Blinken on Sunday in a statement acknowledged IDAHOBiT.

“The message of ‘Together: Resisting, Supporting, Healing!’ is especially poignant as this year’s IDAHOTB theme,” said Blinken. “Ending hatred and violence against LGBTQI+ persons requires collaborative action from us all.”

“The United States is doing its part,” he added. “Within the first weeks of his administration, President Biden issued a memorandum instructing all U.S. federal agencies working abroad to ‘ensure that U.S. diplomatic efforts and foreign assistance promote and protect the human rights of LGBTQI+ persons.’ And that important work is well underway.”

Blinken in his IDAHOBiT statement also referenced the same five priorities that Price discussed with the Blade.

“Working together, we can create a world that respects and celebrates the dignity of all individuals,” said Blinken. “It is in partnership that we will achieve our goal of a rights-respecting, inclusive society where no one lives in fear because of who they are or whom they love.”

(Photo courtesy of the International Day Against Homophobia, Biphobia and Transphobia committee)

Blinken in March announced the State Department has disbanded the Commission on Unalienable Rights, a human rights advisory committee his predecessor created that LGBTQ activists sharply criticized.

He announced last month the State Department will once again allow U.S. diplomatic installations to fly the Pride flag. The position of special U.S. envoy for the promotion of LGBTQ rights abroad within the State Department’s Bureau of Democracy, Human Rights and Labor has remained vacant since 2017, but Blinken has pledged to make it an ambassador level post.

The Trump administration in 2018 withdrew from the U.N. Human Rights Council, which in recent years has emerged as a vocal champion of LGBTQ rights around the world. Blinken in February announced the U.S. will “reengage” with it.

Price is the first openly gay State Department spokesperson.

“I know that every time I say something I am speaking on behalf of the Department of State, on behalf of Secretary Blinken, on behalf of the U.S. government, sometimes on behalf of President Biden,” he told the Blade. “I’m not sure what I fully appreciated before actually coming into this job is that I’m actually speaking to the LGBTQ community around the world.”

Price said he received emails and tweets from around the world after the Biden transition team announced his appointment. Price told the Blade that some people were “seemingly in shock,” while others had “some degree of delight that a member of the LGBTQ community would be put in such a public facing role in an American administration.”

“I understand this work is not about me,” Price told the Blade. “I’m never offering my personal opinion, but I think that I’ve come to understand that there is meaning in having an openly gay man in a role like this. There is meaning for the LGBTQ community at home, but especially in this role there is meaning and value attached to having that be the case around the world, and especially around the world where members of the community are routinely and often times systematically persecuted.”

State Department spokesperson Ned Price

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Federal Government

Inside the LGBTQ records of Todd Blanche and Markwayne Mullin

Two men are acting attorney general, DHS secretary

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From left, Acting U.S. Attorney General Todd Blanche and Homeland Security Secretary Markwayne Mullen (Photos public domain)

President Donald Trump became famous for his use of the phrase “You’re fired!” while hosting the reality TV show “The Apprentice” in the early 2000s. However, during his time in the Oval Office, he has attempted to distance himself from that image.

Despite those efforts, the phrase once again comes to mind as Trump has fired two high-level female Cabinet members within the past month: Pam Bondi and Kristi Noem.

Their replacements — Todd Blanche at the Justice Department and Markwayne Mullin at the Department of Homeland Security — bring records that, while different in depth, both reflect limited support for LGBTQ protections and, in some cases, direct opposition.

Todd Blanche

Acting attorney general

Little has been found regarding Todd Blanche’s LGBTQ history prior to his role as acting head of the Department of Justice. Unlike those who have worked within the Justice Department’s Civil Rights Division or served as state attorneys general, he has not developed a public-facing legal ideology on LGBTQ issues.

Blanche attended American University for his undergraduate studies — like fellow Trump attorney Michael Cohen — where he met his future wife, Kristin, who was studying at nearby Catholic University in D.C.

He began his legal career as an intern at the U.S. Attorney’s Office in Washington, which eventually became a full-time position. He later worked as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003. He and his wife later married and had two children.

Blanche left the U.S. attorney’s office in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.

In his personal capacity, he represented several figures associated with Donald Trump and former New York City Mayor Rudy Giuliani, including Trump’s former campaign manager Paul Manafort, businessman Igor Fruman, and attorney Boris Epshteyn.

In 2024, Blanche switched from Democrat to Republican, aligning himself with Trump’s political orbit. He later served as Trump’s personal defense attorney in the New York State case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to bisexual adult film star Stormy Daniels.

Now the highest-ranking official at the Justice Department, Blanche has played a central role in overseeing the department and has been involved in leadership decisions tied to several controversial actions affecting LGBTQ people.

In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population,” if legal action were taken against NYU Langone. The hospital had “permanently” ended a program earlier that month after the Trump-Vance administration threatened to pull all federal funding if it continued prescribing puberty blockers and hormones to minors.

Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”

“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he said.

Blanche also echoed his predecessor’s public stance on limiting LGBTQ-related protections at the federal level, aligning with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessions in schools and limits lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.

Calling it “another great decision that came down today,” Blanche argued that the ruling “restores parents’ rights to decide their child’s education,” adding: “It seems like a basic idea, but it took the Supreme Court to set the record straight, and we thank them for that. And now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”

In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse, and rape under the Prison Rape Elimination Act. The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.

Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”

Blanche is also described as having a “strong belief in executive authority.”

Markwayne Mullin

Secretary of Homeland Security

While Blanche’s record is defined more by recent actions than a long paper trail, Markwayne Mullin brings a more established history on LGBTQ issues from his time in Congress.

The head of the Department of Homeland Security has served in Congress since 2013, in both the U.S. House of Representatives and U.S. Senate. He has been actively engaged in shaping restrictions and aligns with broader cultural rhetoric that frames anti-LGBTQ speech as protected expression.

In May 2016, Mullin criticized the Department of Education and the Justice Department’s “Dear Colleague” letter on transgender students, arguing that trans girls should not use girls’ restrooms in public schools.

By January 2021, Mullin and then-Hawaii Congresswoman Tulsi Gabbard had introduced a bill to prevent trans women from participating in women’s sports.

Mullin was not recorded as voting on the final passage of the Respect for Marriage Act, which codified federal recognition of same-sex and interracial marriage.

In 2023, Mullin received a rating of just 6 percent from the Human Rights Campaign.

While serving in the Senate and as a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion in federal programs. He has participated in broader Republican efforts questioning equity-based implementation of the Older Americans Act, including guidance related to sexual orientation and gender identity in aging services, arguing such policies could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security.

He was among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the House on Jan. 6.

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District of Columbia

Whitman-Walker Health to present ‘Pro Bono Excellence’ award to law firm

Health center set to celebrate 40th anniversary of legal services program

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Whitman-Walker Health’s Pro Bono Excellence award is named for Dale Edwin Sanders. (Photo courtesy of the family)

Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, announced it will present its annual Dale Edwin Sanders Award for Pro Bono Excellence to the international law firm McDermott Will & Schulte at a May 6 ceremony.

“This year’s award is especially significant as it coincides with the 40th anniversary of Whitman-Walker Health’s Legal Services Program, marking it as the nation’s longest running medical-legal partnership,” a statement released by Whitman-Walker says.

“As a national leader in public health, Whitman-Walker celebrates our partnership with McDermott to strengthen the health center and to enable Whitman-Walker to reach more medical and legal clients,” the statement adds.

“McDermott’s firm-wide commitment to Whitman-Walker’s medical-legal partnership demonstrates a shared vision to serve those most in need,” Amy Nelson, Whitman-Walker’s director of Legal Services, says in the statement. “Our work protects individuals and families who face discrimination and hostility as they navigate increasingly complex administrative  systems,” Nelson said.

“Pro bono legal services – like that of McDermott Will & Schulte – find solutions for people who have no place else to turn in the face of financial and health threats,” she added.

“Our partnership with Whitman-Walker Health is a treasured commitment to serving our neighbors and communities,” Steven Schnelle, one of the law firm’s partners said in the statement. “We are deeply moved by Whitman-Walker’s unwavering dedication to inclusion, respect, and equitable access to health care and social services,” he said.

The statement notes that the award for Pro Bono Excellence honors the legacy of the late gay attorney Dale Edwin Sanders. It says Sanders’s pro bono legal work for Whitman-Walker clients “shaped HIV/AIDS law for more than four decades by securing key victories on behalf of individuals whose employment and patient rights were violated.”

It says the Whitman-Walker Legal Services program began during the early years of the AIDS epidemic in the 1980s at a time when people with AIDS faced widespread discrimination and often needed legal assistance. According to the statement, the program evolved over the years and expanded to advocate for transgender people and immigrants.

Whitman-Walker spokesperson Lisa Amore said the presentation of the Dale Edwin Sanders Pro Bono Excellency Award will be held at the May 6 fundraising benefit for Whitman-Walker’s Legal Services Program. She said the event will take place at the offices of the DC law firm Baker McKenzie and ticket availability can be accessed here: https://www.whitman-walker.org/gtem-2026/

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Noticias en Español

La X vuelve al tribunal

Primer Circuito examina caso del reconocimiento de personas no binarias en Puerto Rico

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(Foto de Sergei Gnatuk via Bigstock)

Hace ocho meses escribí sobre este tema cuando todavía no había llegado al nivel judicial en el que se encuentra hoy. En ese momento, la discusión se movía entre decisiones administrativas, debates públicos y resistencias políticas. No era un asunto cerrado, pero tampoco había alcanzado el punto actual.

Hoy el escenario es distinto.

La organización Lambda Legal compareció ante el Tribunal de Apelaciones del Primer Circuito en Boston para solicitar que se confirme una decisión que obliga al gobierno de Puerto Rico a emitir certificados de nacimiento que reflejen la identidad de las personas no binarias. La apelación se produce luego de que un tribunal de distrito concluyera que negar esa posibilidad constituye una violación a la Constitución de Estados Unidos.

Este elemento marca la diferencia. Ya no se trata de una discusión conceptual. Existe una determinación judicial que identificó un trato desigual.

El planteamiento de la parte demandante se sostiene en el propio marco legal vigente en Puerto Rico. Los certificados de nacimiento de identidad no son registros históricos inmutables. Son documentos utilizados para fines actuales y esenciales. Permiten acceder a empleo, educación y servicios, y son requeridos en múltiples gestiones ante el Estado. Su función es operativa.

En ese contexto, la exclusión de las personas no binarias no responde a una limitación jurídica. Puerto Rico permite la corrección de marcadores de género en certificados de nacimiento para personas trans binarias desde el caso Arroyo González v. Rosselló Nevares. Además, el Código Civil reconoce la existencia de certificados que reflejan la identidad de la persona más allá del registro original.

La diferencia radica en la aplicación.

El reconocimiento se concede dentro de categorías específicas, mientras que se excluye a quienes no se identifican dentro de ese esquema. Esa exclusión es el eje de la controversia actual.

El argumento presentado por Lambda Legal es preciso. Obligar a una persona a utilizar documentos que no reflejan su identidad implica someterla a una representación incorrecta en procesos fundamentales de la vida cotidiana. Esto puede generar dificultades prácticas, exposición innecesaria y situaciones de vulnerabilidad.

Las personas demandantes, nacidas en Puerto Rico, han planteado que el acceso a documentos precisos no es una cuestión simbólica, sino una necesidad básica para poder desenvolverse sin contradicciones impuestas por el propio Estado.

El hecho de que este caso se encuentre en el sistema federal introduce una dimensión adicional. No se trata de un proyecto legislativo ni de una política pública en discusión. Es una controversia constitucional. El análisis gira en torno a derechos y a la aplicación equitativa de las leyes.

Este proceso tampoco ocurre en aislamiento.

Se desarrolla en un contexto donde los debates sobre identidad y derechos han estado marcados por una mayor presencia de posturas conservadoras en la esfera pública, tanto en Estados Unidos como en Puerto Rico. En el ámbito local, esa influencia ha sido visible en discusiones legislativas recientes, donde argumentos de carácter religioso han comenzado a formar parte del debate sobre política pública. Esa intersección introduce tensiones en torno a la separación entre iglesia y Estado y tiene efectos concretos en el acceso a derechos.

Señalar este contexto no implica cuestionar la fe ni la práctica religiosa. Implica reconocer que, cuando determinados argumentos se trasladan al ejercicio del poder público, pueden incidir en decisiones que afectan a sectores específicos de la población.

Desde Puerto Rico, esta situación no se observa a distancia. Se experimenta en la práctica diaria. En la necesidad de presentar documentos que no corresponden con la identidad de quien los porta. En las implicaciones que esto tiene en espacios laborales, educativos y administrativos.

El avance de este caso abre una posibilidad de cambio en el marco legal aplicable. No porque resuelva de inmediato todas las tensiones en torno al tema, sino porque establece un punto de análisis jurídico sobre una práctica que hasta ahora ha operado bajo criterios restrictivos.

A diferencia de hace ocho meses, el escenario actual incluye una determinación judicial que ya identificó una violación de derechos. Lo que corresponde ahora es evaluar si esa determinación se sostiene en una instancia superior.

Ese proceso no define un resultado inmediato, pero sí establece un nuevo punto de referencia.

El debate ya no es teórico.

Ahora es judicial. 

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