Opinions
Opinion | Upholding the law in Rehoboth
Clear Space Theatre plan should include off-street parking

We were dismayed to see Kevin Naffās opinion piece in the Blade that attempts to turn a land use dispute about a local theater in Rehoboth Beach into a personal attack on the mayor and members of the Board of Commissioners. The mayor and commissioners made the right decision.
The controversy grows out of a proposal by Clear Space Theatre (CST) to erect two new buildings, including a 256-seat theater and a second building housing the CST Arts Institute, with no provision for parking. They would be located on lots very close to the busy traffic circle at the entrance to Rehoboth. The Rehoboth city code mandates site plan review for large and/or complex projects, which would have a major impact on the city. The mayor and commission justifiably disapproved the proposal because CST never submitted code compliant plans, and the Planning Commission never reviewed and never approved code compliant plans. These irregularities would allow CST to avoid including the off-street parking that the City Zoning Code requires for these two buildings and their activities.
The strangest criticism of the vote to reject the proposal was the suggestion in the opinion piece that the mayor and commissionās decision was tainted with anti-gay bias. Unsurprisingly in a gay-friendly town like Rehoboth, there are gay men and lesbians on both sides of this dispute. When members of our community disagree on an issue like how best to manage local land use, itās a disagreement, not a question of anti-gay hostility.
It should go without saying that as residents of Rehoboth, we have the right to expect that development proposals that will dramatically affect the townās quality of life will be carefully considered and that the cityās laws will be enforced. We believe the supporters of the theater, many of whom do not live in the city limits of Rehoboth Beach, expect the same where they live. These concerns are equally important for visitors, whose most frequent complaints about our town are excessive traffic and lack of parking.
Those of us who appealed the Planning Commission decision (all Rehoboth Beach homeowners) want to solve these problems, not put our heads in the lovely Rehoboth Beach sand until it is too late to fix them. We support theater also, and we hope that CST can remain in the town of Rehoboth, but with a provision for off-street parking that the law requires and in a location that generates good will rather than headaches.
Ruth Eisenberg and Letitia Gomez are Rehoboth Beach homeowners and appellants from the Planning Commission decision granting Clear Space Theatreās building permits.
Opinions
We must show up to WorldPride 2025 in D.C.
Boycotts offer symbolic protest, but absence creates silence

As an LGBTQI+ activist from Argentina, a country currently facing deep setbacks under an openly anti-rights government, I understand the frustration and fear many are expressing about attending WorldPride 2025 in the United States. I also understand the symbolic weight of showing up anyway.
Following the announcement by Egale Canada and the African Human Rights Coalition that they are withdrawing support for WorldPride due to the Trump administrationās anti-LGBTQI+ stance, concerns have rightly been raised about safety, complicity, and principle. These concerns must not be dismissed. But they must be responded to with a deeper strategic reflection: Visibility, presence, and collective action remain our greatest tools in confronting oppression.
Boycotts may offer symbolic protest, but absence creates silence
WorldPride is not organized by the U.S. government. It is a platform created by and for LGBTQI+ civil society ā local activists, grassroots groups, trans-led collectives, BIPOC-led organizations, and everyday people building community despite hostile political environments. Boycotting this space sends a message not only to the Trump administration, but to our own movement: That when things get hard, we retreat.
History teaches us otherwise.
In 1990, amid the AIDS crisis and government neglect, activists did not boycott ā they stormed the National Institutes of Health and the FDA. In 2014, when Russia passed its āgay propagandaā law, global solidarity at the Sochi Olympics became a powerful moment of protest and resistance. And in 2020, amidst a pandemic and police violence, Pride went digital but never disappeared.
If we set the precedent that global LGBTQI+ events cannot happen under right-wing or anti-LGBTQI+ governments, we will effectively disqualify a growing list of countries from hosting. That includes not only the U.S. under Trump, but Hungary, Italy, Uganda, Poland ā and even my own country, Argentina, under Javier Milei. Yet ILGA World still plans to convene its 2027 conference in Buenos Aires, and rightly so. We must not surrender global platforms to the very governments that wish to erase us.
WorldPride is not a reward for good governance. Itās a tool of resistance
To those who say attending WorldPride in D.C. normalizes Trumpās policies, I say: What greater statement than queer, trans, intersex, and nonbinary people from around the world gathering defiantly in his capital? What more powerful declaration than standing visible where he would rather we vanish?
Safety is paramount, and all governments ā including the U.S. ā must guarantee the protection of LGBTQI+ participants. But refusing to engage is not the answer. In fact, visibility in hostile spaces has always been a hallmark of our movementās strength. We showed up at Stonewall. We marched on Washington in 1979. We protested during the AIDS crisis, and we will show up again now ā not in spite of adversity, but because of it.
We are in a global moment of rollback. Division is what our opponents want
The rise of anti-gender ideology and trans-exclusionary narratives has created fertile ground for far-right movements worldwide. In this moment, LGBTQI+ solidarity must be global, intersectional, and uncompromising. We cannot afford to fracture our own movement based on geopolitical fault lines.
Egale Canada and the African Human Rights Coalition raised legitimate criticisms ā of U.S. foreign policy, immigration barriers, and systemic racism. But those issues must be confronted within WorldPride, not from outside it. We must bring those critiques into plenaries, panels, and the streets of Washington. We must create space for diasporic, racialized, and grassroots-led voices. We must use this moment to hold institutions accountable and shift the power of Pride to those most affected.
Because that is what solidarity looks like ā not abandonment, but engagement.
WorldPride 2025 must not be a party disconnected from reality. It must be a protest rooted in our global truths.
Let us not cede this space. Let us make it ours.
Mariano Ruiz is the president of Derechos Humanos y Diversidad Asociación Civil in Argentina. He is also a 2019 Columbia HRAP Alumni.
Opinions
Navigating employer-sponsored health insurance, care
One in four trans patients denied coverage for gender-affirming care

Even though 86% of transgender Americans have health insurance, one in four reported being denied coverage for gender-affirming care in the 2015 and 2022 U.S. Transgender surveys. These denials can occur when an insurance plan contains a categorical exclusion of gender-affirming care. It is important to note that transgender employees who receive insurance coverage through their employers are entitled to legal protections.Ā
Employers are responsible for ensuring that the insurance plans they provide do not violate any laws, including anti-discrimination laws. In 1983, the Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, employers are legally required to provide employees with equal pay and benefits, including health insurance. This protection now extends to transgender employees after the Supreme Court’s ruling in Bostock v. Clayton County (2020), which clarified that sex discrimination under Title VII includes gender identity discrimination.
Since Bostock, several transgender employees have successfully sued their employers for discrimination because they were denied coverage of gender-affirming care by their employersā insurance. While employers can be held liable under Title VII, it remains unclear whether insurance companies will be held liable under Section 1557, the antidiscrimination provision of the Affordable Care Act (ACA), in the future.
Mostāif not allācourts have ruled that employers can be held liable for choosing insurance plans with categorical exclusions of gender-affirming care. A categorical exclusion is when an insurance plan has a blanket ban of coverage for certain services. Although discrimination cases generally require proof of intent to discriminate, it is not required of transgender employees because categorical exclusions of gender-affirming care are facially discriminatory (i.e. the policy is explicitly and obviously discriminatory in nature).
In Kadel v. Folwell (2024), the Fourth Circuit court considered the Fourteenth Amendment, Title IX, and ACA claims in a consolidated case considering two state health plans: the State of North Carolinaās insurance plans for teachers and West Virginiaās Medicaid program. The Fourth Circuit court held that it is impossible to ban coverage of gender-affirming care without discriminating against transgender people because (1) gender dysphoria is a legitimate medical diagnosis which requires medically necessary treatment; and (2) the services provided under gender-affirming care are also provided to cisgender patients for other medical diagnoses. In short, there is sufficient evidence of discriminatory intent because categorical exclusions of gender-affirming care are facially discriminatory. Under Kadel, the Fourth Circuit also ruled that a policy does not have to explicitly exclude transgender patients. āRewording the policies to use a proxy,ā like sex changes or sex modification, is still facially discriminatory.
Along a similar vein, in Lange v. Houston County (2024), the Eleventh Circuit court found that the Sheriffās Officeās categorical exclusion of gender-affirming care was a violation of Title VII. Agreeing with the reasoning in Kadel, the court cited a 1991 Supreme Court Case which ruled that proof of intent to discriminate is not needed for facially discriminatory policies. The court also held Anthem Blue Cross liable because third-party administrators in the Eleventh Circuit (i.e., Alabama, Florida, and Georgia) can be held liable as an employer if they make employment decisions as the authorized agent of an employer. However, this decision is unique to the said jurisdictions, and the liability of third-party administrators/insurance providers remains generally unclear. Moreover, the decision is not final because the court granted an en banc appeal, and a panel of all twelve judges re-heard the case in February 2025. The decision after re-hearing remains to be seen.
Recently, Executive Order 14168 and the EEOCās motion to dismiss its lawsuit against Harmony Hospitality on behalf of a transgender worker prompted concerns over transgender employeesā ability to bring federal discrimination claims. While such concerns are understandable, there has yet been any mandate prohibiting the EEOC from issuing right to sue to transgender individuals. In other words, even if the EEOC may not investigate and file lawsuits on behalf of transgender individuals, it does not bar private parties from doing so. Ultimately, the executive branch alone does not have the power to make changes to the Constitution or any federal statutes. It is up to the legislatures to amend laws and the Constitution, and courts to interpret and rule on constitutionality.
Protections Against Discrimination by Insurers Under Section 1557 Remain Unclear
While employers can be held liable for categorical exclusions of gender-affirming care, employees may be less likely to find relief for legal claims against insurers regarding discrimination on the basis of gender identity. Since Bostock, courts have found insurers liable for denying coverage of gender affirming care under Section 1557 of the ACA, extending sex discrimination to include gender identity. Recent litigation surrounding Section 1557 and the new presidential administration may precede a change in this trend.
In May 2024, the Biden administration issued a final rule implementing Section 1557.It reversed the rule put forth by the Trump administration four years prior, which had revised the Obama administrationās interpretation of the statute. The Biden administrationās final rule defined sex discrimination to include discrimination on the basis of gender identity and sexual orientation. Additionally, under the new rule, a wider swath of insurers and third-party administrators that receive federal financial assistance would be subject to Section 1557.
However, in July 2024, a Mississippi District judge granted a nationwide injunction preventing the Department of Health and Human Services from enforcing the final ruleās prohibition of sex discrimination with respect to gender identity. Additionally, executive orders during the early days of the Trump administration, and guidance from the Department of Health and Human Services that followed, rescinded wide swaths of Biden-era guidance extending sex discrimination protections to include discrimination based on gender identity. It is not yet clear how the new administrationās position on Section 1557 will impact courtsā decision-making regarding insurer liability and the extent of sex discrimination provisions in relation to gender identity going forward.
As the recent history of Section 1557 demonstrates, executive actions may influence the implementation of statutory antidiscrimination provisions, but do not change the law itself. While employers continue to face liability for discrimination towards employees seeking insurance coverage of gender-affirming care under Title VII, some protections remain on less certain ground as the United States enters a new presidential administration.
Ting Cheung, Luke Lamberti, and Neha Sharma are with Sanford Heisler Sharp McKnight.
Commentary
A conversation about queers and class
As a barback, I see our communityās elitism up close

In the bar, on the way to its now-Instafamous bathrooms, thereās a sign that reads, āqueer & trans liberation means economic justice for all.ā
I remember seeing that sign the first week the bar opened, and ever since I often find myself reflecting on that message. I stand fully in agreement. Thatās why laws protecting queers in the workplace are essential, for far too often we are targeted otherwise. It’s also why I love working at the bar, since it provides opportunities for queers from all over the spectrum to earn a living. At a time when I gave myself space to pursue art, it was the bar that enabled me to do so.
Itās one thing to support the LGBTQ community in spirit, but that spirit means jack in a capitalist society if viable economic opportunities donāt exist. Speaking of jack, thereās a fellow barback named Jack who I fangirl over often. Jack is a decade younger than me, but damn I wish I had his sex appeal at his age (or any age, for that matter). He also has a mustache that easily puts mine to shame.
Jack not only agrees but took things one step further. āEconomic inequality IS a queer issue,ā he told me, āespecially as we move into the most uncertain period of American politics I have ever lived through, it is apparent our identity is now a fireable offense.ā
Uncertain is right. Weāre fresh off the heels of a trade bonanza, one caused for literally no reason by our current commander in chief. Yet there emerged a strange division when discussing the trade warās āunintendedā consequences. For working class comrades like Jack and myself, weāre stressed about increasing prices in an already tough economy. But the wealthier echelons of our country had something else on their mind: the spiraling stock market. This alone highlights the story of our economic divide, where the same event produces two separate concerns for two distinct classes.
This is not to say the stock market is not important, but sometimes the media forget many Americans donāt own stock at all, including a vast majority of people between 18 and 29. In fact, according to Axios, the wealthiest 10 percent of Americans own 93 percent of the entire stock market, with the richest 1 percent holding $25 trillion ā thatās right, trillion with a ātā ā in market value. So, when the president reversed course on trade, it was less about high prices hurting everyday Americans and more about the dent created in the wealth of the wealthiest. And Iāll admit: that bothers me a lot.
If there is any takeaway from Trumpās trade war, it should be this: Economic inequality is the highest it has been in decades and, if left unchecked, will destroy the fabric of our country. We are steadily moving toward oligarchy statusāif weāre not there already, that isāand it seems to grow worse with each passing year and administration. But in a city of D.C. gays who often skew corporate, I wonder: Are we all on the same page here?
After becoming a barback, I have my doubts. From questions about what else I do, to comments encouraging me to work hard so that I can be a bartender one day, I quickly learned the gay world is not too fond of barbacking. Barebacking, sure, but not barbacking. And hey, I get itāweāre not the alcohol hookup at the bar. Still, we are part of the service industry, and while some people are incredibly kind, youād be surprised at how many turn up their noses at us, too.
Recently, Iāve come to realize my class defines me as much as my orientation does, if not more. Naturally, when you come from a rough neck of the woods like I do, itās easy to feel out of place in a flashy city like D.C., which Jack noticed, too. āAnyone from a working class background could testify to that,ā he said. āI donāt really know anyone from true upper class backgrounds, but Iād imagine their experience is one that leans into assimilation.ā
Assimilation is a key word here, for admittedly gays love to play with the elite. Often, we donāt have children, meaning more money for the finer things in life, but that also means we may not think about future generations much, either. Iāve written before that our insecurity growing up has us ready to show the world just how powerful gays can beāpower that comes in trips to Coachella and Puerto Vallarta, or basking in the lavish houses and toys we own. Thereās already a joke that gays run the government, and corporate gays kick ass at their jobs as well. So, given the choice between fighting inequality and keeping a high-paying job, I must admit I have a hard time seeing where D.C. gays stand.
Admittedly, it worked out in our favor before, given that many corporations catered to our economic prowess over the years. But look at whatās happening now: Many corporations have kicked us to the curb. Protections are being stripped from queers, particularly for our trans brothers and sisters. Law firms are bowing down to Trump, offering hundreds of millions in legal fees just for their bottom line. All of this will hurt both queers and the working class in the long run, so again I ask: Corporate gays, where do you stand? Because if you remain complicit, thatās bad news for us all.
I donāt want to sound accusatory, and I hate being a doomsday type, so allow me to end this on a better note. Strength is not about celebrating when times are good. Arguably, true strength emerges when times get tough. These are tough times, my friends, but that also makes now the perfect opportunity to show the world just how strong we are.
At a time when the world is pressuring us to turn our backs on each other, we must defy them to show up when it counts. Corporate gaysānow more than ever, at a time when the economy is turning its back on queers, we need you. We need you to stand up for the queer community. We need you to make sure no one gets left behind. We need you to show up for us, so that we can show up for you, too.
Ten years ago, the economy didnāt turn queer out of nowhere. The economy turned queer because we made it turn queer.
And if we did it once, surely we can do it again.
Jake Stewart is a D.C.-based writer and barback.
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