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National Hockey League reverses ban on Pride support

Decision follows complaints by pro-LGBTQ fans, players

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A Washington Capitals player uses Pride tape during warmups at Hockey is for Everyone night in D.C. (Screen capture via Washington Capitals YouTube)

The National Hockey League confirmed in a short statement on its website on Oct. 24 that it has reversed a decision earlier this month to prohibit its players from placing tape on their hockey sticks representing social causes, including rainbow-colored Pride tape in support of the LGBTQ community.

The reversal by the NHL came after a groundswell of opposition surfaced opposing the ban from a wide range of LGBTQ and LGBTQ supportive sports organizations as well as from some NHL team hockey players. The national LGBTQ advocacy organization GLAAD was among the organizations speaking out against the Pride tape ban.

ā€œAfter consultation with the NHL Players’ Association and the NHL Player Inclusion Coalition, Players will now have the option to voluntarily represent social causes with their stick tape throughout the season,ā€ the NHL said in its statement.

The LGBTQ sports publication Outsports, which was the first to break the story about the NHL ban on the Pride tape and other cause-oriented tape displays used by NHL players, has pointed out that the use of the tape has always been a voluntary decision by the players.

At the time it adopted the ban on Pride tape and tape denoting other social causes, the NHL said it was responding to concerns raised by some players who objected to what they believed was the appearance that they were supporting causes they did not support. Some said they objected to the Pride tape on religious grounds.

Several sports publications, including Hooked On Hockey Magazine and Daily Hockey Dose, reported that Washington Capitals star player Alex Ovechkin was among a small number of Russian players who raised objections to the display of Pride tape. Ovechkin was also reportedly among the players who objected to players wearing Pride-colored jerseys during practice sessions.

Hooked On Hockey reports that some of the Russian players, who have family members living in Russia, were fearful that their family members could be persecuted, and the players might be detained if they visit their families in Russia under the anti-gay laws adopted under the authoritarian rule of Russian President Vladimir Putin.

Earlier this year, the NHL also adopted a policy banning players from wearing the rainbow-colored Pride jerseys during warm-up sessions on the ice. The Pride jerseys were never worn during games.

The NHL did not object to teams continuing to have the Pride jerseys made and sold, with players autographing the jerseys. Some teams have sold the jerseys in auctions to raise money for LGBTQ charities.

Outsports editor and publisher Cyd Zeigler said the NHL’s decision to ban the Pride tape was completely unjustified, calling it ā€œthe most stifling, anti-LGBTQ policy any pro sports league in North America has ever issued.ā€

Zeigler told the Blade the policy was unjustified, among other things, because the players were the ones who decided whether to place the Pride tape on their hockey sticks.

ā€œNo one ever complained that someone didn’t do it,ā€ Zeigler said. ā€œSo, this is the league just overreacting to a handful of Russian players who didn’t like it,ā€ he said prior to the NHL decision to reverse the policy. ā€œI think that’s what happened. They kowtowed to Vladimir Putin and to the Russians.ā€

The NHL said from the start that the ban on Pride jerseys and Pride tape would not change its policy of supporting NHL teams that have been holding annual Pride Night Out games in support of the LGBTQ community. All 32 NHL teams, including the Washington Capitals, have hosted Pride Nights or ā€œHockey is for Everyoneā€ nights in recent years.

Other media reports had surfaced that several players on different teams had indicated plans to defy the now-rescinded NHL policy by displaying Pride tape on their sticks in upcoming games, a development that would place the NHL in the difficult position of deciding whether to penalize those players with a fine or possible suspension from playing.

CBS News reports that Travis Dermott, a player on the Arizona Coyotes hockey team, became the first player to defy the NHL policy banning Pride tape on Oct. 21 when he placed the tape on the shaft of his stick in his team’s game against the Anaheim Ducks.

In response to a question from the Washington Blade submitted prior to the NHL’s decision to reverse its ban on Pride tape, a spokesperson for the Washington Capitals did not say whether the Capitals would comply with the Pride tape ban or penalize their players for defying the ban. But the spokesperson, Sergey Kocharov, said the Capitals remain strongly supportive of the LGBTQ community.

ā€œThe Capitals stand proudly with and support the LGBTQ+ community,ā€ he said in his statement. ā€œWe strive to create and cultivate an inclusive atmosphere for all our players, staff, and fans and are committed to fostering an environment that welcomes all,ā€ he said.

ā€œAlthough all players are free to decide on their level of involvement and engagement on Pride Night, and their efforts may vary from season to season, our commitment in this space won’t waiver,ā€ his statement continues. ā€œEveryone is treated with respect and dignity regardless of their sexual orientation or identity, and we will continue to advocate for full LGBTQ+ equality.ā€

In recent years, the Capitals have entered a small Capitals float in the D.C. Capital Pride Parade. Miguel Ayala, president of Team DC, the local LGBTQ sports organization that helps organize Pride Night Out events with D.C. professional sports teams, said the Capitals have scheduled the next Pride Night Out at the Capitals for March 20.

Ayala told the Blade that while Team DC was disappointed over the NHL decision to ban Pride tape and Pride jerseys, the organization planned to continue to work with the Nationals on the Pride Night Out event.

ā€œThe NHL has listened to its loyal fans, hardworking team players, and trusted community members and made the decision to reverse the unnecessary and hurtful policy that banned support of Pride and LGBTQ people,ā€ said Sarah Kate Ellis, president and CEO of the LGBTQ advocacy group GLAAD in an Oct. 24 statement.

ā€œThe NHL has been a longtime supporter of a number of community causes and inclusion, and this decision is reflective of its values which align with the majority of those who follow hockey,ā€ Ellis said.

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Federal Government

HHS to retire 988 crisis lifeline for LGBTQ youth

Trevor Project warns the move will ‘put their lives at risk’

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Robert F. Kennedy, Jr. appears on HBO's "Real Time with Bill Maher" in April 2024. (Screen capture via YouTube)

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.

Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.

ā€œSuicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.

“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,ā€ they said in a statement. ā€œThese programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.ā€

“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.ā€

The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.

ā€œI worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,ā€ said Janson Wu, director of advocacy and government affairs at the Trevor Project. ā€œI worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.ā€

Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.

The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”

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U.S. Supreme Court

Supreme Court hears oral arguments in LGBTQ education case

Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.

The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.

The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.

ā€œLGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. ā€œThey matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”

She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.ā€

GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”

Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.

ā€œAll students benefit from a school climate that promotes acceptance and respect,ā€ said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal.  ā€œEnsuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.ā€

The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.

Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.

Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.

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U.S. Supreme Court

LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP

Kennedy v. Braidwood oral arguments heard Monday

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HHS Secretary Robert F. Kennedy, Jr. (Washington Blade photo by Michael Key)

Following Monday’s oral arguments before the U.S. Supreme Court in Kennedy v. Braidwood Management, Inc., LGBTQ groups issued statements warning the case could imperil coverage for a broad swath of preventative services and medications beyond PrEP, which is used to reduce the risk of transmitting HIV through sex.

Plaintiffs brought the case to challenge a requirement that insurers and group health plans cover the drug regimen, arguing that the mandate “encourage[s] homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman.ā€

The case has been broadened, however, such that cancer screenings, heart disease medications, medications for infants, and several other preventive care services are in jeopardy, according to a press release that GLAAD, Lambda Legal, PrEP4All, Harvard Law’s Center for Health Law and Policy Innovation (CHLPI), and the Center for HIV Law and Policy (CHLP) released on Monday.

The Trump-Vance administration has argued the independent task force responsible for recommending which preventative services must be covered with no cost-sharing for patients is constitutional because the secretary of the U.S. Department of Health and Human Services can exercise veto power and fire members of the volunteer panel of national experts in disease prevention and evidence-based medicine.

While HHS secretaries have not exercised these powers since the Affordable Care Act was passed in 2010, Braidwood could mean Trump’s health secretary, Robert F. Kennedy Jr., takes a leading role in determining which services are included in the coverage mandate.

Roll Call notes the Supreme Court case comes as the administration has suspended grants to organizations that provide care for and research HIV while the ongoing restructuring of HHS has raised questions about whether the ā€œEnding the HIV Epidemicā€ begun under Trump’s first term will be continued.

ā€œToday’s Supreme Court hearing in the Braidwood case is a pivotal moment for the health and rights of all Americans,” said GLAAD President Sarah Kate Ellis. “This case, rooted in discriminatory objections to medical necessities like PrEP, can undermine efforts to end the HIV epidemic and also jeopardize access to essential services like cancer screenings and heart disease medications, disproportionately affecting LGBTQ people and communities of color.”

She added, “Religious exemptions should not be weaponized to erode healthcare protections and restrict medically necessary, life-saving preventative healthcare for every American.ā€

Lambda Legal HIV Project Director Jose Abrigo said, ā€œThe Braidwood case is about whether science or politics will guide our nation’s public health policy. Allowing ideological or religious objections to override scientific consensus would set a dangerous precedent. Although this case began with an attack on PrEP coverage, a critical HIV prevention tool, it would be a serious mistake to think this only affects LGBTQ people.”

“The real target is one of the pillars of the Affordable Care Act: The preventive services protections,” Abrigo said. “That includes cancer screenings, heart disease prevention, diabetes testing, and more. If the plaintiffs succeed, the consequences will be felt across every community in this country, by anyone who relies on preventive care to stay healthy.”

He continued, “What’s at stake is whether we will uphold the promise of affordable and accessible health care for all or allow a small group of ideologues to dismantle it for everyone. We as a country are only as healthy as our neighbors and an attack on one group’s rights is an attack on all.ā€

PrEP4All Executive Director Jeremiah Johnson said, “We are hopeful that the justices will maintain ACA protections for PrEP and other preventive services, however, advocates are poised to fight for access no matter the outcome.”

He continued, “Implementing cost-sharing  would have an enormous impact on all Americans, including LGBTQ+ individuals. Over 150 million people could suddenly find themselves having to dig deep into already strained household budgets to pay for care that they had previously received for free. Even small amounts of cost sharing lead to drops in access to preventive services.”

“For PrEP, just a $10 increase in the cost of medication doubled PrEP abandonment rates in a 2024 modeling study,” Johnson said. “Loss of PrEP access would be devastating with so much recent progress in reining in new HIV infections in the U.S. This would also be a particularly disappointing time to lose comprehensive coverage for PrEP with a once every six month injectable version set to be approved this summer.ā€

ā€œToday’s oral arguments in the Braidwood case underscore what is at stake for the health and well-being of millions of Americans,” said CHLPI Clinical Fellow Anu Dairkee. “This case is not just about legal technicalities — it is about whether people across the country will continue to have access to the preventive health services they need, without cost sharing, regardless of who they are or where they come from.”

She continued, “Since the Affordable Care Act’s preventive services provision took effect in 2010, Americans have benefited from a dramatic increase in the use of services that detect disease early, promote healthy living, and reduce long-term health costs. These benefits are rooted in the work of leading scientists and public health experts, including the U.S. Preventive Services Task Force, whose recommendations are based on rigorous, peer-reviewed evidence.”

“Any shift away from cost-free access to preventive care could have wide-ranging implications, potentially limiting access for those who are already navigating economic hardship and health disparities,” Dairkee said. “If Braidwood prevails, the consequences will be felt nationwide. We risk losing access to lifesaving screenings and preventive treatments that have become standard care over the past decade.”

“This case should serve as a wake-up call: Science, not politics, must guide our health care system,” she said. “The health of our nation depends on it.ā€

ā€œWe are grateful for the Justices who steadfastly centered constitutionality and didn’t allow a deadly political agenda to deter them from their job at hand,” said CHLP Staff Attorney Kae Greenberg. “While we won’t know the final decision until June, what we do know now is not having access to a full range of preventative healthcare is deadly for all of us, especially those who live at the intersections of racial, gender and economic injustice.”

“We are crystal clear how the efforts to undermine the ACA, of which this is a very clear attempt, fit part and parcel into an overall agenda to rollback so much of the ways our communities access dignity and justice,” he said. “Although the plaintiffs’ arguments today were cloaked in esoteric legal language, at it’s heart, this case revolves around the Christian Right’s objection to ‘supporting’ those who they do not agree with, and is simply going to result in people dying who would otherwise have lived long lives.”

“This is why CHLP is invested and continues in advocacy with our partners, many of whom are included here,” Greenberg said.

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