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Will time run out for ‘Don’t Ask’ repeal?

New optimism as Reid commits to vote, but hearings loom

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Aubrey Sarvis (Blade photo by Michael Key)

Supporters of “Don’t Ask, Don’t Tell” repeal continue to fret about having enough time to pass a measure to overturn the military’s gay ban before year’s end even as Senate leadership has committed to a vote on the issue during the lame duck session of Congress.

An announcement last week from Senate Majority Leader Harry Reid (D-Nev.) that he would bring major defense legislation with repeal language to a vote bolstered the confidence of supporters as they acknowledge significant hurdles remain in reaching the finish line.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he’s “hopeful” that Congress will be able to enact repeal, but acknowledged that “the clock is our enemy.”

“I’m fearful of time running out on the bill before it’s finished or the prospects of strong opposition from a core group of senators who don’t want to see anything happen in the lame duck,” Sarvis said.

Debate on the defense authorization bill traditionally takes about two weeks in the Senate. Given that slightly more than one month remains in the legislative session this year, time for a debate and vote in the Senate โ€” as well as time for conferencing the legislation โ€” would have to be compressed to move forward.

“Normally, that would involve several weeks or months,” Sarvis said. “For us to succeed here, all those elements, debate on the floor, conference, votes in the two chambers on the conference report would have to be compressed to about eight or 10 days on the floor, in conference and back to the two chambers. That’s part of the challenge.”

Sarvis said he expects the defense authorization bill would likely come to the floor after the Senate Armed Services Committee holds hearings on the Pentagon “Don’t Ask, Don’t Tell” report. Levin has said he wants to hear testimony early in December.

“If the hearing is [Dec.] 2, I could see a scenario where the leader might make the motion on Friday the third, or, if the hearing is the sixth, then maybe the next day,” Sarvis said.

One major question is whether enough senators will vote in the affirmative to reach the 60-vote threshold to move forward with debate on the legislation. In September, a previous attempt to move forward with the measure failed by a vote of 56-43.

A senior Democratic aide, who spoke to the Washington Blade on condition of anonymity, expressed confidence about being able to move forward with the fiscal year 2011 defense authorization bill.

“I think that we may be close to having 60 votes to begin debate on the bill,” the aide said. “I’ve seen some positive signs from unexpected Republicans in recent days.”

Sarvis said the ability to move forward will depend on whether at least a handful of Republicans are willing to break ranks with their caucus.

“If you just look at Democrats, the numbers don’t add up to 60,” Sarvis said. “I don’t care how you slice it. So, if we can persuade a handful of Republicans, and I think we can, we will hit 60.”

A number of senators who are seen as key to moving forward with “Don’t Ask, Don’t Tell” repeal have said they want to see an open amendment process in place.

In September, when Senate leadership made an earlier attempt to bring the legislation to the floor, a number of senators said they were voting “no” because they didn’t feel the Republicans could offer a sufficient number of amendments to the legislation.

Last week, Sen. Joseph Lieberman (I-Conn.), the sponsor of repeal language in the Senate, expressed confidence during a news conference about having at least 60 votes to move forward โ€” provided certain conditions are met with the amendment process on the Senate floor.

โ€œI am confident that we have more than 60 votes prepared to take up the defense authorization bill with the repeal of โ€˜Donโ€™t Ask, Donโ€™t Tellโ€™ if only there will be a guarantee of a fair and open amendment process,โ€ Lieberman said.

Lieberman said heโ€™s received assurances from Sens. Susan Collins (R-Maine) and Richard Lugar (R-Ind.) โ€” as well as โ€œothers privatelyโ€ โ€” that they would vote for moving forward with the defense authorization bill if a more open amendment process is in place.

The amendment process these senators are seeking remains somewhat nebulous. What standard for the process are these fence-sitting seeking to win their support for moving forward?

Asked about this during the news conference, Lieberman said the exact terms are up for negotiation.

โ€œItโ€™s hard to put a number on it now,โ€ Lieberman said. โ€œThatโ€™s what I hope is going to be negotiated. Of course, weโ€™ll do our best to encourage Sen. Reid to reach out to allow a somewhat larger number.โ€

Some Democrats speculate the call for a change in the amendment process could be an excuse for some fence-sitting senators to vote “no” on moving forward with the defense authorization bill.

Jim Manley, a Reid spokesperson, said the senator has “always been committed to having a fair debate and votes” on the defense authorization bill and specifically on the “Don’t Ask, Don’t Tell” provision.

“We are prepared to proceed in a way that would allow Senators on both sides to voice their concerns and to offer relevant amendments to the bill,” Manley said.

Manley said critics of “Don’t Ask, Don’t Tell” are spinning “a myth” that Reid “is somehow trying to bypass debate on this critical issue.”

The Democratic aide said this call for a more open amendment process could enable some senators to vote against moving toward final passage of the bill after the legislation comes to the floor.

“You could have … some Republicans using process arguments to say, “No, we haven’t had enough debate time and I cannot support moving toward final passage of the bill yet,'” the aide said. “The Republicans might just try to run out the clock.”

The aide said a fair amendment process in the Senate has “never, ever meant” that debate can continue “as long as anybody wants to continue the debate, as long as there are amendments to be talked about and voted on.”

Sarvis noted that unlike in September, Reid has said the DREAM Act, an immigration-related bill, wouldn’t be offered as an amendment to the defense authorization the next time around and would instead come to the floor as standalone legislation.

“By doing so, he has shown his good faith in proceeding toward a fair and open manner in which senators on both sides of the aisle have an opportunity to offer amendments,” Sarvis said.

Sarvis also said Reid’s commitment to allow amendments on the “Don’t Ask, Don’t Tell” and abortion-related provisions in the defense authorization bill was evidence of the majority leader’s commitment to fairness during debate on the legislation.

It’s possible that in exchange for repealing “Don’t Ask, Don’t Tell,” Senate leadership will have to agree to a vote on amendments that would rile the White House, such as a measure related to the terrorist detention facility at Guantanamo Bay or an amendment to try terrorist suspects by military commission.

Sarvis said he doesn’t “think it’s any secret” that Republicans may be looking at amendments like that.

“Are there some Republicans who would like to put the administration on the hot seat with respect to some amendments?” Sarvis said. “Perhaps. But my hope would be that when the ‘Don’t Ask, Don’t Tell’ provisions are debated on the floor that amendments [in that nature] would not be in the mix or part of that debate.”

The Democratic aide said deals are often cut at late stages in the game, but he doesn’t think opponents of “Don’t Ask, Don’t Tell” repeal in the Senate would allow moving forward with ending the law even with an agreement to have a vote on those issues.

“My sense is that [Sen. John] McCain and [Sen. Lindsey] Graham and their crew are dead set on stopping the repeal of ‘Don’t Ask, Don’t Tell,'” the aide said. ‘I don’t think that they’re willing to deal that away.”

As these questions linger, eyes will be on several key senators to determine whether the chamber can reach the 60-vote threshold needed to move forward when the legislation comes before the Senate again.

The offices of both senators Lieberman mentioned as “yes” votes under a different amendment process โ€” Collins and Lugar โ€” said they would be open to moving forward with the defense authorization bill if certain conditions are met.

Mark Helmke, a Lugar spokesperson, said the senator hasn’t taken a position on “Don’t Ask, Don’t Tell” and is waiting for the Pentagon report on the issue, which is now set for release on Nov. 30.

“He is in favor of having a full debate on the matter as part of the defense authorization bill if there is a consent agreement for timed debate and votes on a number of issues,” Helmke added.

Kevin Kelley, a Collins spokesperson, confirmed the Maine senator was concerned about what she perceived as the lack of an open process the last time the legislation was brought up for a vote.

“In September, she was disappointed that the Democratic majority leader chose to shut down debate and exclude Republicans from offering any amendments to the defense authorization bill, which contains the repeal language,” Kelley said. “She believes that was unfair and contrary to the rules and tradition of the Senate.”

Still, Kelley maintained that Collins agrees with Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen that the military’s gay ban “should be repealed” and recalled that the senator voted in favor of a repeal amendment in committee during the spring.

Another senator who could be in play is Sen. Lisa Murkowski (R-Alaska). Fresh off her re-election win as an independent write-in candidate in her state, Murkowski isn’t beholden to the far right for her victory on Election Day. She also didn’t vote one way or the other on the motion to proceed on the defense authorization bill when it came before the Senate in September.

A local TV station in Alaska reported last week that Murkowski was in a position to vote to advance the defense authorization bill. But Michael Brumas, a Murkowski spokesperson, later clarified that this support is dependent on the result of the Pentagon report.

“Sen. Murkowski would not oppose a defense authorization bill that includes a repeal of [‘Don’t Ask, Don’t Tell’] if the Pentagon study shows that repeal is supported by the troops, doesn’t hurt performance, morale or recruitment and the military allows for an orderly transition,” Brumas said.

Additionally, Brumas said the manner in which Senate leadership handles the amendment process would be important for Murkowski’s support.

“If the majority attempts to push it through allowing little or no debate or votes on amendments, Sen. Murkowski would be inclined to oppose those efforts,” Brumas said.

One surprise senator who could vote to move forward with the defense authorization bill is Sen. John Ensign (R-Nev.). Last week, LGBT advocates asserted one of his staffers informed them that he wants to repeal “Don’t Ask, Don’t Tell” and would vote for cloture on the defense authorization bill.

Laura Martin, communications director for the Stonewall Democratic Club of Southern Nevada, said she and other activists met with Margot Allen, Ensignโ€™s regional representative on military issues, who informed the group of the senator’s position.

โ€œThe first question was about โ€˜Donโ€™t Ask, Donโ€™t Tellโ€™ and his staffer said he supports repeal,โ€ Martin said. โ€œWe asked her to clarify three times and she said he will vote in the affirmative on the defense authorization with โ€˜Donโ€™t Ask, Donโ€™t Tellโ€™ repeal in it.โ€

Jennifer Cooper, an Ensign spokesperson, later said the senator was awaiting the Pentagon report “to see if any changes to this policy can or should be done” with regard to “Don’t Ask, Don’t Tell.” She also said he wants to hear testimony from the military service chiefs.

โ€œAlso, he plans to review all of the merits of the Defense Authorization bill before voting one way or another; hopefully it will be a fully open amendment process,โ€ she added.

Other senators that are seen as being in play are moderate Republicans Scott Brown (R-Mass.), George Voinovich (R-Ohio) and Olympia Snowe (R-Maine). The two Democratic senators who joined Republicans in voting “no” in September on moving forward with the defense authorization โ€” Arkansas Sens. Mark Pryor and Blanche Lincoln โ€” could also change their votes.

None of these senators’ offices responded to the Blade’s request to comment on how they would vote on the defense authorization when it comes up during the lame duck session.

The slightly different composition of the Senate also raises questions about the votes from Sen. Joe Manchin (D-W.Va.), who assumed his seat after winning election on Nov. 2, and Republican Senator-elect Mark Kirk of Illinois, who is set to take his seat during the lame duck session of Congress.

During his campaign, Manchin said he wants to wait to hear from military leaders before moving forward with “Don’t Ask, Don’t Tell” repeal. As a U.S. House member, Kirk voted against an amendment that would have repealed the military’s gay ban when it came to the floor in May.

Neither the office of Manchin nor Kirk’s transition team responded to the Blade’s request for comment on the issue.

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North Carolina

Authorities investigate officer-involved shooting outside Asheville gay bar

Incident took place near Shakey’s on Wednesday

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(Photo by chalabala/Bigstock)

An officer-involved shooting outside of a gay dive bar, Shakeyโ€™s, in downtown Asheville, N.C., left one man dead Wednesday.

The bar released a statement the following morning regarding the incident, stating that bar staff had asked a patron to leave earlier in the night citing concerning behavior. The bar said that later the man was spotted with a gun in the parking lot.

The bar proceeded to call 911, locked the doors to the establishment, and followed dispatcher instructions on how to keep patrons of the bar safe while officers arrived. These protocols included getting patrons away from the windows and staying low to the ground.

According to Shakeyโ€™s, shots were fired outside of the business. When the Asheville Police Department officers arrived, they fired back. The individual died from their injuries, according to the police.

โ€œBecause of everyone’s quick actions, cooperation, and concern for one another, every customer and every employee inside Shakey’s made it home safely. We are incredibly thankful,โ€ Shakeyโ€™s said on their Instagram page. They thanked Asheville police, emergency dispatchers, EMS, and all first responders who were on scene.

On Thursday, a spokesperson for the North Carolina State Bureau of Investigation, Chad Flowers, stated that the suspect involved in the shooting was Arturo Castillo Palomar.

The Washington Blade reached out to the North Carolina State Bureau of Investigation for a comment regarding the possibility of the event being considered a hate crime. They said the issue is currently under investigation and that the findings would be turned over to the district attorney for review.

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Pentagon

Hegseth announces testosterone initiative as trans troop ban continues

SPARTA Pride criticized Pentagon policy

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Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

The U.S. military will begin testing and treating service members with hormone therapy despite banning similar medical care for transgender service members.

Defense Secretary Pete Hegseth said Wednesday that troops ages 30 and older will be subject to annual testosterone screenings, while younger service members will have the option to voluntarily opt in. Some troops may then be recommended for hormone therapy, he explained in a video posted to social media.

“Under the supervision of our world-class medical professionals, warfighters age 30 and older are going to be tested annually as part of their periodic health assessment,” Hegseth said in a video posted to X, captioned “The High-T Department of War.”

This push to test testosterone levels, as the hormone is commonly referred to as “T,” runs counter to current medical guidelines. Physicians are generally advised to discuss testosterone therapy only with men who have symptoms consistent with low testosterone and documented low hormone levels on two separate blood tests.

Testosterone is a vital sex hormone that all humans naturally produce. It helps regulate muscle mass, bone density, and sex drive. In men, it is primarily produced in the testicles, while in women it is produced in the ovaries and adrenal glands.

Natural testosterone levels in men decline with age and have long been associated with issues such as erectile dysfunction, low libido, mood changes, and weight gain. However, experts continue to debate whether these conditions should routinely be treated with testosterone therapy.

Hegseth’s announcement aligns with other actions taken by the Trump-Vance administration โ€” including efforts by Health Secretary Robert F. Kennedy Jr. โ€” to make testosterone therapy more accessible for men, particularly those assigned male at birth.

Last month, the Food and Drug Administration proposed easing prescribing restrictions on testosterone gels, pills, patches, and injections following a December advisory panel that recommended reducing regulatory hurdles to expand access to testosterone therapy.

Currently, FDA labeling specifies that these medications are approved only for men with hypogonadism, a medical condition that causes abnormally low testosterone levels.

The announcement came as a shock to many LGBTQ advocates because Hegseth and the Defense Department have cited the use of hormone therapy by trans service members as justification for their dismissal under President Donald Trump’s 2025 executive order, “Prioritizing Military Excellence and Readiness.

The Pentagon continues to pursue implementation of the trans military ban as litigation proceeds. As a result, many trans service members have had their gender-affirming medical care halted, even as similar hormone therapy is now being expanded for cisgender service members. Under the executive order, the military currently disqualifies individuals diagnosed with gender dysphoria and has begun formal administrative separation proceedings for trans personnel.

SPARTA Pride, a nonpartisan nonprofit organization made up of trans service members, veterans, and their allies, issued a statement to the Washington Blade following Hegseth’s announcement.

“If hormone therapy helps warfighters perform at their best, then it cannot simultaneously be used as evidence that transgender service members are unfit to serve,” said Kara Corcoran, executive director of SPARTA Pride. “The same class of evidence-based medical treatment cannot be characterized as readiness-enhancing for one group and readiness-destroying for another.”

The legal fight over trans military service remains ongoing.

On June 1, the U.S. Court of Appeals for the D.C. Circuit ruled that trans service members already serving in the military could continue to do so, while allowing the armed services to continue refusing to enlist new trans recruits.

The Blade reached out to the Pentagon to ask why cisgender service members could receive hormone therapy while trans service members could not, but did not receive a response by the time of publication.

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National

Democrats are trying to disqualify trans candidates. Hereโ€™s how

Jordan Korgood suspended Mass. Governorโ€™s Council candidacy after opponent questioned residency

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Jordan Korgood outside the Massachusetts State House in Boston on July 8, 2026. (Photo by CJ Gunther for Uncloseted Media.)

Uncloseted Media published this article on July 14.

By HOPE PISONI | Jordan Korgood has come a long way. In 2023, she ran into financial difficulties while studying at Northeastern University in Boston and ended up unhoused. Ordinary shelters areย hotbeds of discrimination and mistreatmentย for transgender women like her, and the onlyย trans shelterย was full. So for five months, she slept in her car, in public libraries and anywhere she could find in order to continue her studies and campus activism.

Korgood, now 24, started a bid in March for a seat on Massachusetts Governorโ€™s Council, a state board tasked with approving judicial candidates. Despite running against an incumbent who has been in office for 41 years, she secured key endorsements from local Democrats and racked up more than 7,000 Instagram followers, the equivalent of nearly one-tenth of primary voters during the last election cycle.

But last month, her momentum was ripped away. It started when Ronald Iacobucci, one of her opponents, noticed that she was still registered to vote in the 2024 election with an old New York address. He proceeded to file an objection with the state, alleging that Korgood didnโ€™t meet the five-year residency requirement. While Korgood has lived in Massachusetts since 2019, she didnโ€™t have a valid address to register in the state while she was unhoused. So she used her motherโ€™s address, where she had lived before moving.

In an email to Uncloseted Media, Iacobucci wrote: โ€œBecause serious questions have arisen concerning compliance with those requirements, an objection was appropriate so the matter can be reviewed through the lawful process established by the commonwealth. This objection was nothing personal, it was always about the integrity of the process.โ€

While most residency challenges like thisย failย in Massachusetts, the State Ballot Law Commission disqualified Korgood on June 18. While she initially attempted to appeal the decision, the financial and logistical burden became too much โ€” she estimates it drained about 40 percent of her campaign funds. So on July 10, Korgoodย suspended her campaign.

โ€œI am incredibly frustrated that this is what I have to do at this point,โ€ Korgood told Uncloseted Media. โ€œIโ€™ve spent thousands of hours, Iโ€™ve sacrificed my own mental health, my social life, friendships, my professional aspirations and advancement to work on this campaign, and this is how theyโ€™re ruling.โ€

โ€œThese are cherry-picking remote issues to target specific individuals,โ€ Eliot Tracz, assistant professor of law at New England Law Boston, told Uncloseted Media. โ€œTheyโ€™re legitimate laws, but what theyโ€™re looking for is a selective application.โ€

Korgood isnโ€™t the only trans candidate facing barriers. While aย 2025 reportย by the LGBTQ+ Victory Institute found that trans representation among elected officials has increased by over 700 percent since 2017, candidates still face major hurdles.

Uncloseted Media found examples of trans candidates running for public office in Ohio and Michigan who have been threatened with disqualification over challenges to their eligibility. Often, the challenges come from their primary opponents: fellow Democrats.

โ€œIt should be voters, not political opponents, who decide who represents them,โ€ Daniel Hernandez, vice president of political programs at the LGBTQ+ Victory Fund, a nonprofit supporting queer candidates for public office, told Uncloseted Media. โ€œThis is not a legitimate way to fight โ€” if you have a disagreement on policy, thatโ€™s one thing, but to try and target trans people just because of who they are is completely unacceptable, especially in a Democratic primary.โ€

A growing strategy

The first widely publicized eligibility challenge against a trans candidate Uncloseted Media identified took place in Stark County, Ohio, in 2024. The Stark County Board of Elections, which has the same chairman as the countyโ€™s Democratic Party, disqualified Vanessa Joy, a trans woman who was running for a seat in the state legislature. The board cited an obscure state law requiring candidates who changed their name in the last five years to list their former name on candidacy petitions โ€” in Joyโ€™s case, her deadname.

โ€œThe original spirit of the law I kind of agree with,โ€ Joy told Uncloseted Media. โ€œBut thereโ€™s hardly any information about this law ever being enforced.โ€

Days later, Arienne Childrey and Bobbie Arnold, two other trans candidates, had their eligibility challenged based on this law. While both candidates were cleared to run, that wasnโ€™t the case for Joy, who never made it on the ballot.

Tom Sutton, a political science professor at Baldwin Wallace University, toldย Spectrum News 1ย he had never seen this law enforced in his 30 years of study. At the time, the relevant forms didnโ€™t include a space to list former names, an omission that has since beenย corrected.

โ€œThe only way to find out about it was to dig deep into all of the additional documents on their website,โ€ says Joy. โ€œThey used this law against me.โ€

Similar challenges cropped up in Michigan this year. Joanna Whaley, a trans woman running for a seat in the state legislature, faced a legal complaint from her Democratic primary opponent Frank Liberati, who claimed in April that she should have filed campaign paperwork under her deadname.

โ€œBecause both the original and amended affidavits of identity filed by โ€˜Joanna Michelle Whaleyโ€™ contain FALSE statements, she/he cannot be certified to appear on the Aug. 4, 2026, primary election ballot,โ€ย the complaint argues.

The county clerk denied the challenge, which deadnames Whaley, because she had legally changed her name. Liberatiโ€™s complaint was widely condemned, with the Michigan Legislative LGBTQ+ Caucus calling it โ€œmeritlessโ€ and โ€œtransphobic.โ€

โ€œIt completely backfired on him,โ€ Whaley told Uncloseted Media. โ€œWe tripled our cash on hand within a week because of the support that weโ€™ve gotten from our community, and actually are in a stronger position now to win this race.โ€

While Whaley benefited from the challenge, thatโ€™s not the norm. Toni Mua, a trans woman running for a seat in the Michigan legislature, received a complaint from political activist Robert Davis in April who alleged that she also should have run under her deadname.

One of Muaโ€™s opponents, Democrat Arthur Harrington, had discussed the challenge with Davis before it was filed, according to DeNiro Jones, Harringtonโ€™s former campaign manager. Jones told Uncloseted Media he sat in on a meeting between the two where they discussed the plan.

Jones also sent Uncloseted Media a screenshot of what he says is a text thread that Harrington sent him. In the screenshot, Davis tells Harrington, โ€œThe transgender candidate will be eliminated,โ€ and Harrington responds that โ€œToni also wonโ€™t have the money to fight it.โ€ Those texts were from April 22, two days before Davis filed the challenge.

In an email to Uncloseted Media, Davis called this story โ€œbaseless and meritlessโ€ and referred to Mua as โ€œan illegitimate candidate seeking attention.โ€

โ€œA candidate who happens to identify as transgender clearly violated Michigan Election Law and should not have been allowed to appear on the ballot,โ€ Davis wrote. โ€œA personโ€™s sexual orientation nor identity played no part in the litigation seeking to have the person who filed a false affidavit of identity properly removed from the ballot.โ€

Arthur Harrington did not reply to multiple requests for comment. But in a June statement to Michigan Advance, he denied allegations that he was involved in Davisโ€™s challenge.

These legal fights cost a lot. Korgood paid her lawyer $5,000. And while Mua defeated her challenge, she also had to use an estimated 40 percent of her campaign funds, or $10,000, to fight it.

In its opinion rejecting Davisโ€™s challenge of Muaโ€™s candidacy, the state court of appeals wrote, โ€œPlaintiff misreads the statute โ€ฆ The Court of Claims did not err by concluding that Mua complied with the law or that the Wayne County Clerk did not err in rejecting plaintiffโ€™s challenge.โ€

โ€œI had to leave my job to run for this open seat,โ€ Mua told Uncloseted Media. โ€œIt truly pisses me off, because [Democrats] have always said that they were better than this, and itโ€™s showing truly where their support lies.โ€

Quinn Allred, executive director at Let Us Lead, a youth-focused voting rights nonprofit, finds these eligibility challenges from Democrats โ€œdespicable.โ€

โ€œInstead of saying โ€˜trans people shouldnโ€™t be running,โ€™ [theyโ€™re entering] into this respectability politics and saying โ€˜oh, itโ€™s actually because the names donโ€™t match up, or itโ€™s because of this residency law,โ€™โ€ Allred told Uncloseted Media. โ€œ[Itโ€™s a] special brand of cowardice that it takes for a Democrat to target a queer person who is also running for office.โ€

Uneven enforcement

While challenges to candidatesโ€™ residency arenโ€™t uncommon in Massachusetts, theyย usually fail, according to Western Mass Politics & Insight, a long-running blog by local political and legal analysts.

The blog says most officials with authority over elections have a โ€œgreat reluctance โ€ฆ to remove an individual from the ballot.โ€ This makes Korgoodโ€™s removal unusual.

And while the State Ballot Law Commission says it considers many factors when determining a candidateโ€™s residency and โ€œno factor standing alone can be dispositive,โ€ it largely cited Korgoodโ€™s voter registration in its decision despite other evidence that supports her eligibility, including apartment leases and membership in city programs.

โ€œWhile thereโ€™s an undertone of legitimacy to some of those claims, itโ€™s very selective,โ€ Tracz says. โ€œMost of us, when we move to a new state, donโ€™t bother to go through the process of getting rid of our registration to vote in the prior state.โ€

Throughout history, Massachusetts candidates who faced similar challenges have been left on the ballot. These include former Massachusetts Gov. Mitt Romney, who received a tax credit in Utah reserved for primary residences, and Brockton, Mass., mayoral candidate Hamilton Rodrigues, who had gotten his voter registration in Brockton removed and hadnโ€™t voted in the city for over 10 years.

Months after Joyโ€™s disqualification in Ohio, the Mahoning County Board of Elections struck down a similar challenge against Republican Tex Fischer, a cisgender man who changed his legal name. They allowed him to stay on the ballot.

Tracz says a judge would likely find selective enforcement like this questionable.

โ€œ[That rule is] applicable to any candidate, and the question then becomes โ€˜Is this only being enforced against a select group of candidates?โ€™โ€ he says. โ€œWhy are we only investigating a specific type of candidate? I think that will give some courts pause.โ€

Making existing challenges worse

Trans candidates face hurdles beyond eligibility challenges. A June report from the LGBTQ+ Victory Institute found that nearly two-thirds of LGBTQ candidates face in-person harassment and nearly 80 percent of them face online harassment.

โ€œWhether itโ€™s threats of violence, coordinated harassment campaigns, attempts to remove people from the ballot, the cumulative effect is the same: public service becoming more difficult and less accessible to the LGBTQ community,โ€ says Hernandez of the Victory Fund.

Whaley says the increased attention from Liberatiโ€™s challenge brought even more harassment her way. She says she reports death threats to the police weekly and has a security detail at every public appearance. Security has become her second-largest campaign expense, and for good reason; in October, her team intervened when a man wearing a Make America Great Again hat followed her around with a gun at a No Kings rally.

โ€œAt the end of the day, I want to get home to tuck my kids in bed,โ€ Whaley says. โ€œWe could be using that money for other things, but weโ€™re having to use it to just keep me alive.โ€

Eligibility challenges distract from the candidatesโ€™ policies. Childrey remembers one woman telling her she couldnโ€™t vote for her because sheโ€™s โ€œonly about the rainbow people.โ€

โ€œMost of what [Iโ€™m] talking about is affordability, funding for our public schools … bread and butter issues,โ€ Childrey told Uncloseted Media. โ€œThere is an assumption, because weโ€™re trans, that thatโ€™s all it is.โ€

Barriers also pile up intersectionally.ย Nearly one-thirdย of trans people experience homelessness at some point in their lives, a rate eight times higher than the general population. This means barriers for unhoused people disproportionately affect trans candidates.

โ€œTrans youth, trans people of color, students, those who are unhoused like [Korgood] was, or who are disabled or low-income โ€” those barriers only compound,โ€ Allred says.

What could change?

Zein Murib, a political science professor at Fordham University, says these incidents demonstrate the need for more leniency with official documentation, arguing that a candidateโ€™s deadname or legal sex arenโ€™t relevant information. Today, 45 states accept common-law names, or the name a person uses in everyday life regardless of their ID, for other legal procedures, and Whaley says this should apply to campaigns as well.

Besides these policy changes, Allred says LGBTQ advocacy groups should allocate more funds to defend trans candidates from eligibility challenges. And Hernandez says that more people should condemn these tactics and show support for those targeted.

โ€œWe need to make sure that we set the expectation that everyone โ€ฆ is rejecting these tactics that are disproportionately burdening our trans candidates,โ€ he says. โ€œWe have to call it out when we see it, and we have to make sure that we are not just letting candidates fight these fights themselves.โ€

Mua says that she doesnโ€™t see a future for herself or other trans people with the Democrats unless the party stands up for them. โ€œI refuse to put myself into a party where I donโ€™t see my safety and protection being vital.โ€

While Korgood says she is saddened by this outcome, she doesnโ€™t intend for her political career to end.

โ€œIโ€™m incredibly proud of what we were able to accomplish, and while I am beyond disappointed and frustrated that this is how this is ending, I am so grateful that I earned the support and the attention of thousands of people in this race.โ€


Uncloseted Media also reached out to the Stark and Mahoning County Boards of Elections as well as the office of the Secretary of State in Ohio, and the Elections division of the Secretary of the Commonwealth of Massachusetts, under which the State Ballot Law Commission serves. None replied.

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