In response to a lawsuit filed by a foster youth and alumni group as well as LGBTQ service and advocacy organizations, a court has remanded and vacated a Trump-era policy permitting taxpayer-funded discrimination against people who receive services from HHS grant programs.

A federal district court on Wednesday rescinded a discriminatory Trump-era rule that prohibited the U.S. Department of Health and Human Services (HHS) from requiring that service providers in its $500 billion federal grants program not discriminate based on sex, sexual orientation, gender identity, religion, and other characteristics when providing HHS grant-funded services. Democracy Forward and Lambda Legal, along with pro bono co-counsel Cravath, Swaine, and Moore, LLP, filed a lawsuit challenging the rule in February 2021 on behalf of Facing Foster Care in Alaska, Family Equality, True Colors United, and SAGE. Wednesday’s order rescinds the rule completely and restores protections in the 2016 Rule.

Just over a week before it left power, the Trump administration finalized an unlawful rule that scrapped nondiscrimination protections, including an important clarification recognizing the Supreme Court’s marriage equality decisions. The Trump administration’s rollback of these protections left beneficiaries of and participants in federally funded programs vulnerable to discrimination on the basis of sexual orientation, gender identity, and religion. In February of 2021, HHS agreed to a court order that immediately stayed the effective date of the rule.

Vulnerable and traditionally marginalized populations — such as children in foster care, older adults, youth experiencing homelessness, and families navigating the child welfare system — have been and, under this Rule, would have been subject to discriminatory practices from taxpayer-funded service providers and programs. Such discrimination harms beneficiaries, imposes additional barriers to service, causes significant economic costs, undermines HHS’s mission to enhance the health and well-being of all Americans, and will lead to worse outcomes in HHS programs.

​“We are thrilled that the court has removed the continuing threat the presence of the discriminatory Trump-era rule posed to some of the most vulnerable members of society, including LGBTQ+ children, seniors, and people with low income, who rely on federally funded programs to meet their basic needs. Beneficiaries and participants in HHS-funded programs should have the basic expectation that they can access all services and care and do so without facing harm.” said Currey Cook, Senior Counsel and Youth in Out-Of-Home Care Project Director at Lambda Legal. “This week, the court took an important step on the heels of HHS’s acknowledgment of a flawed process that violated important procedural safeguards ensuring that comment by the public is meaningfully considered.”

“There was simply no excuse for the Trump administration’s unlawful policy sanctioning taxpayer-funded discrimination against people who receive services from HHS grant programs, including youth and families in the child welfare system, youth experiencing homelessness and older adults, among other vulnerable populations,” said Kristen Miller, Senior Counsel at Democracy Forward. “While today's victory is a step in the right direction, the Trump-era decision not to enforce the lawful 2016 rule has not yet been reversed. Lambda Legal and Democracy Forward will continue to challenge the non-enforcement policy until all persons receive the protections of the law."

Read more about the case: Facing Foster Care in Alaska v. HHS

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Mjolnir

Like many of the recent Marvel Cinematic Universe films, LGBTQ+ fans awaited the release of Thor: Love and Thunder in open anticipation of the inclusivity that both Marvel and Disney had promised. However, the fans were only setting themselves up for disappointment when the film was finally released.

Despite passionate assurances from studio heads to key actors, Thor: Love and Thunder was NOT spectacularly gay. It wasn’t even that good…

Premiere Night Promises

A bolt of lightning cuts across a rainbow on a dark and stormy night.

Lightning bold across the sky

Photo by Bill D.

Standing on the red carpet at the London Premiere of the film, director and actor Taika Waititi and fellow cast members Natalie Portman and Tessa Thompson were offered up the inevitable question: “How gay is the film?

Amidst some laughter from the crowds, Waititi gestured towards Portman to respond. The actress (who plays Thor’s love interest, Jane Foster, throughout the franchise) raised the microphone to her lips and thought for a moment, before delivering a quiet yet fateful: “So gay!

Barely a moment had passed before the gathered fans went wild and Taika Waititi gave his own verdict: “Super gay!”. Tessa Thompson made no statement on the ‘gayness’ of the film, instead opting to swing her microphone around suggestively. As more cheers erupted, a second round of “super gay” slipped out of Waititi’s mouth, before he urged the fans to enjoy the film.

Thor: Love and Thunder’s LGBTQ+ Potential

Thor’s movie-goers were definitely hyped up for a gay extravaganza and they had a specific character in mind. The fan-favorite Valkyrie, played by Tessa Thompson, stumbled her way into the MCU during Thor’s third film, Ragnarok. The Asgardian warrior won many people over with her wit, sarcasm, and pure badassery.

After the events of Avengers: Endgame *spoilers*, Thor Odinson gives up his claim to the throne of Asgard and names Valkyrie as king in his stead. This left many fans excited to see what would become of the character, especially after certain revelations were made at the 2019 San Diego Comic-Con:

“As a new king, she has to find her queen. So that’ll be her first order of business.”

With these words, Tessa Thompson threw her LGBTQ+ fans into a frenzy, with heavy expectations for the then-upcoming fourth installment of the Thor films. Indeed, in an interview with the LA Times, shortly before the film's release, Tessa Thompson was asked to comment on the sexuality of her character. She responded with several promising remarks, including “there’s a lot of folks that are righteously very hungry for that representation to exist in these movies, as am I”.

*Warning: spoilers ahead!*

So, How Gay Was Thor 4?

To put it simply: not gay at all. Not only did Valkyrie end up without a fabulous new queen, her non-heteronormative sexuality only got the barest mention (a brief line about a previous, now dead, girlfriend). Valkyrie may have made bedroom eyes at some pretty ladies before an action scene spoils the moment, but that’s about as much as we get.

The film does get some credit for introducing a trans character in a minor yet significant role. Thor returns to his people (after a brief stint as a Guardian of the Galaxy) only to find out that the daughter of one of his closest (and deceased) friends is now a boy. The issue is, whether due to personal prejudice or some alien inability to grasp the concept of being transgender, it does take Thor a frustrating few moments to come to terms with the change. And to stop deadnaming.

In fact, the only concession to the queer community was Taika Waititi’s extraterrestrial character Korg finding a husband in one of the closing scenes. This heartfelt moment was somewhat underscored by the revelation that Korg’s entire species is male, meaning he had no other choice but to be ‘gay’.

This Is Not Marvel’s First Queerbaiting Attempt

Close up of an eye reflecting an unknown scene as a rainbow crosses the image.

Photo by Harry Q.

This is, by far, not the first time that LGBTQ+ fans have been sorely disappointed by the workings of Marvel and Disney. In fact, people across many social media platforms have been chiding expectant viewers for once again falling for classic queerbaiting tactics. “Being queerbaited by the MCU is like being a golden retriever with a human who always pretends to throw the ball”, one Tumblr user declared.

Captain Marvel, starring Brie Larson, was the perfect moment for the MCU to introduce its first lesbian lead. Larson’s character seemed to have an intense relationship with another woman, going so far as to help raise her child (before Larson’s Carol Danvers disappeared from Earth for 6 years). Despite leaning into several romantic tropes, the status of their relationship was never fully fleshed out. However, it was also the franchise’s first female-led superhero movie, so maybe they thought that introducing her as a lesbian would make the film too awesome.

The heavily anticipated Avengers: Endgame was also slated to introduce the MCU’s ‘first gay character'. While many fans were excited, particularly as this would be the second of Larson’s appearances on screen, the big gay build-up was a massive letdown. The film’s director Joe Russo made a cameo as a blip survivor mourning the loss of his husband. A five-second throw-away scene that had no impact on the outcome of the film. Big whoop...

Even when we did see a film with a gay lead, The Eternals, there were also ten other straight leads. At that point, it just seemed more like basic probability than an attempt at pushing LGBT+ superheroes into the spotlight.

Why Can’t Disney Let Marvel Be Gay?

The big problem with allowing a few characters to be anything other than cishet is that there are still many countries in the world that outlaw homosexuality. As much as we like to think that the MCU is being made for comic book fans, we all know the purpose of the films is to make money for Disney. And without certain markets in Asia and the Middle East, Disney wouldn’t be raking in up to (and over) one billion dollars per theatrical release.

Is There Any Hope For LGBTQ+ Fans In The MCU’s Future?

Black Panther: Wakanda Forever, the second in the much-loved Black Panther arc, will be released in cinemas this November. The studio has confirmed that the film will contain a queer character. Actress Michaela Coel will play Aneka, a warrior, and trainer of the king’s guard. Whether or not her diversity will stand out in the film (let alone endure for more than a 10-second scene that can be easily cut) remains to be seen.


Next year’s The Marvels film, starring Brie Larson, Iman Vellani, and Lashana Lynch may offer the MCU a chance to redeem itself in the eyes of its LGBT+ fans. The studios may feel it’s finally time to offer us the heartwarming lesbian relationship between Larson’s Carol Danvers and Lynch’s Maria Rambeau that seemed to be teased in the first Captain Marvel. Don’t raise your hopes too high, though, as you may yet end up as a stubborn golden retriever waiting for a cinematic universe to finally throw that rainbow ball.