National
Supreme Court rebuffs Wash. florist who refused to serve gay couple
Decade-old case appears to be at an end

The U.S. Supreme Court has rebuffed a wedding florist in Washington State who sought review of her case for a First Amendment right to refuse to serve same-sex couples.
In its orders list on Friday, the Supreme Court indicated it has denied certiorari, or refused to take up a case, in response to a petition for review from Arleneās Flowers. The petition from the floral shop, owned by Barronelle Stutzman, is included among the denials on the orders lists without explanation or a vote tally of the justices, as is customary.
The American Civil Liberties Union, which had represented Robert Ingersoll and Curt Freed, the same-sex couple denied service in 2013 at the floral shop for their wedding, declared victory as a result of the Supreme Courtās action.
āPlanning a wedding was a joyful time for Rob and Curt until they were refused service at their local flower shop,ā Ria Tabacco Mar, an ACLU lawyer representing the couple and the director of the ACLU Womenās Rights Project,ā said in a statement. āNo one should walk into a store and have to wonder whether they will be turned away because of who they are. Preventing that kind of humiliation and hurt is exactly why we have nondiscrimination laws.ā
The Washington State Supreme Court found in 2017 Stutzman violated the Washington Law Against Discrimination, a state law that prohibits discrimination against LGBTQ people in public accommodations, ordering her to pay a fine of $1,000.
Itās the second petition from Arleneās Flowers before the U.S. Supreme Court. Stutzman has twice sought from justices review of her case, asserting her penalty under the Washington State law contravened her rights to freedom of religion and freedom of speech under the First Amendment.
As a result of her first petition, the U.S. Supreme Court vacated the Washington State Supreme Court decision and remanded for review before the Washington State Supreme Court in light of the limited decision in the Masterpiece Cakeshop case. The Washington State Supreme Court, however, reaffirmed the decision it had reached earlier and upheld the $1,000 fine against Stutzman, who subsequent filed another petition before the U.S. Supreme Court.
The latest petition from Arleneās Flowers has been pending before the Supreme Court for some time. Alliance Defending Freedom, a law firm that sought to undermine LGBTQ rights in the name of religious freedom, had made the legal filing before the court in 2019, so the petition has been pending for two years.
Kristen Waggoner, general counsel for Alliance Defending Freedom, said in a statement in the aftermath of the U.S. Supreme Court’s refusal to hear the case the decision was “tragic.”
āAlthough the outcome of this case is tragic, the critical work of protecting the First Amendment freedoms of all Americans must continue,” Waggoner said. “No one should be forced to express a message or celebrate an event they disagree with. A government that can crush someone like Barronelle, who kindly served her gay customer for nearly a decade but simply declined to create art celebrating one sacred ceremony, can use its power to crush any of us regardless of our political ideology or views on important issues like marriage.”
Itās hard to see, however, where Alliance Defending Freedom can go with this case at this point, if anywhere. The course of the litigation appears to be complete.
U.S. Federal Courts
Federal judge blocks Trump passport executive order
State Department can no longer issue travel documents with ‘X’ gender markers

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.
The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”
“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though todayās court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an āXā gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.
Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
āThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.
āBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā
State Department
HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration
Black coffins placed in front of Harry S. Truman Building

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 Presidentās Emergency Plan for AIDS relief and other ālife-saving humanitarian assistanceā 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 ā OUT LGBT Well-being and Access Chapter 2 ā 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.

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.
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