National
Lesbian facing separation to attend State of the Union
Md. woman whose Peruvian partner faces deportation receives ticket from Rep. Nadler


Kelly Costello (left), who’s married to Fabiola Morales, will attend the State of the Union address. (Photo by Maria Vicencio Photography courtesy of Immigration Equality)
One half of a bi-national same-sex couple that could face separation under current immigration law will attend the upcoming State of the Union address, the Washington Blade has learned exclusively.
Kelly Costello, who’s 30 and lives in Potomac, Md., with her Peruvian native spouse Fabiola Morales, 39, received a ticket to attend the speech on Tuesday evening from Rep. Jerrold Nadler (D-N.Y.).
Speaking with the Blade, Costello said she’s “grateful and excited” for what she called a “once-in-a-lifetime experience” — particularly in the wake of Obama’s call to include bi-national gay couples as part of comprehensive immigration reform.
“This is something that we have been fighting for a long time,” Costello said. “People before me have fought for it. I feel like, right now, we are living in an important historical moment where the president has already addressed providing equal rights for us, and I think it’s really come to forefront.”
The couple, who married in D.C. in 2011, is in danger of separation because the Defense of Marriage Act prohibits Costello from sponsoring Morales via a marriage-based green card application for residency in the United States.
Initially, Morales was able to stay in the United States via student visa, which enabled her to obtain a bachelor’s degree at Georgetown University. Following graduation, she worked at Suburban Hospital in Bethesda under temporary work authorization. When that authorization expired, Morales returned to study at Marymount University on her student visa, which is still valid.
However, that visa expires after her program concludes in May 2014, which could force her to leave the country at that time if current law remains in place.
Morales would face difficulty if forced to leave the country because she suffers from multiple sclerosis. She receives medical treatment through a clinical drug trial at Georgetown Multiple Sclerosis Center at Georgetown University Hospital.
Being able to stay together in the United States is particularly important for the couple because the two are expecting children. Costello is pregnant with twins due July 4.
What President Obama will say during the address — or even whether comprehensive immigration reform will be addressed — remains to be seen. On Friday, White House Press Secretary Jay Carney said he doesn’t have a preview of the remarks.
Costello noted Obama has called for the inclusion of families like hers as part of comprehensive immigration reform, but said she’d welcome another shout-out for LGBT couples during the speech.
“I’m hoping that he’ll continue to shed light on the fact that not everyone is included in the immigration reform unless families like ours are included as well,” Costello said. “We’re proud of him for including gay families in his proposal, and he’s already done so much, so an additional shout-out would be awesome.”
Immigration reform is currently under debate in Congress and while it remains to be seen whether the final legislative package will include language for bi-national same-sex couples, Costello said the opportunity for legal relief is exciting.
“Right now, we have a rare opportunity to fix the immigration system, and with that, I think it’s important we should fix everything to make it include all of us,” Costello said. “And so, I think, the time is right, the time is now, and people are coming around to see that we are just like every other family.”
Another option for legal relief for the couple would be for the U.S. Supreme Court to strike down Section 3 of DOMA as unconstitutional. Litigation is under review and justices are expected to make a ruling before their term ends in June.
Costello obtained the ticket from Nadler, who as a member of Congress gets one ticket for the State of the Union, after the LGBT group Immigration Equality recommended that she receive the honor. It’s unclear at this time where in the House gallery she’ll be seated.
Nadler, who sponsors standalone legislation that would address the issue known as the Uniting American Families Act, said in a statement to the Blade he’s “extremely honored” to present Costello a ticket for the State of the Union.
“Kelly brings important visibility to the issue of immigration inequality,” Nadler said. “The president has admirably included the LGBT community in his principles for comprehensive immigration reform, and advancing the Uniting American Families Act should be a central priority for this Congress. Kelly and her family, and bi-national LGBT couples across the nation, are awaiting justice.”
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
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 “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
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.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’

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.
“Suicide 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,” they said in a statement. “These 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.”
“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.”
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.
“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I 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.”
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.”
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

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.
“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They 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.”
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.
“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. “Ensuring 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.”
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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