National
San Francisco City Attorney speaks out
Herrera played key role in challenging Prop 8

Dennis Herrera is described as a ‘straight, devout Catholic, married man’ who has championed the cause of marriage equality. (Photo courtesy Herrera)
Dennis Herrera, San Francisco’s City Attorney since 2002, will be in the Supreme Court chambers in Washington next Tuesday observing the oral arguments over whether Proposition 8, California’s 2008 ballot measure banning gay marriage, should be upheld or overturned.
Although Herrera won’t be delivering the arguments against Proposition 8 on Tuesday, gay rights advocates in California say he has played a pivotal role since 2004 in pushing for marriage equality in that state.
Among other things, he has worked side-by-side with high profile attorneys Ted Olson and David Boies as a party to the case Hollingsworth v. Perry, which seeks to overturn Prop 8.
Jack Song, deputy press secretary for the San Francisco City Attorney’s Office, said Herrera and his legal team have been involved in “every case, every court, through every procedural twist since February 2004” in efforts to legalize same-sex marriage in California.
It was in 2004, Song noted, that Herrera provided legal support for then-San Francisco Mayor Gavin Newsom’s highly controversial decision to issue marriage licenses to gay and lesbian couples and perform same-sex marriages at city hall.
California courts initially ruled that San Francisco lacked legal authority to perform same-sex marriages and quickly invalidated those marriages. But the action by Newsom and Herrera, which was denounced by same-sex marriage opponents, has been credited with triggering litigation by marriage equality advocates – including Herrera’s office — that led to the May 15, 2008 ruling by the California Supreme Court legalizing same-sex marriage in the state.
In response to a campaign led by same-sex marriage opponents, California voters overturned same-sex marriage rights in the November 2008 referendum known as Prop 8 by a margin of 52 percent to 48 percent.
In an interview with the Washington Blade on Tuesday, Herrera discussed his work on the Prop 8 case – in the words of his deputy press secretary Song – as a “straight, devout Catholic, married man” who has championed the cause of marriage equality.
Washington Blade: What are your thoughts on the chances that Prop 8 will be overturned by the U.S. Supreme Court?
Dennis Herrera: We’re very, very optimistic. You just need to look at what has been the course of this litigation. If we go back nine years ago, all the state court proceedings and more recently in the federal court system, I can’t tell you how gratified we were both at the District Court’s ruling and the Ninth Circuit [U.S. Court of Appeals] ruling clearly showing that there’s absolutely no constitutional justification whatsoever to discriminate when it comes to the issue of marriage equality.
And that for the community to be denied equal protection under the law when it comes to the issue of marriage strains all credulity. So we’ve been gratified by the District Court’s ruling. If you look at Judge [Vaughn] Walker’s decision – a well-reasoned, well thought-out opinion after sitting through a weeks-long trial, hearing from a variety of witnesses and hearing the Prop 8 proponents come up with virtually no argument, no evidence to support their position and then to have that decision affirmed by the Ninth Circuit – we’re very, very optimistic as we’re heading into next week’s argument.
Blade: What role has your office played in the U.S. Supreme Court case on Prop 8?
Herrera: We intervened and stood shoulder to shoulder with the Gibson Dunn firm — the David Boise firm — both at trial and at the Ninth Circuit and here as we’re leading up to the Supreme Court argument. So we have been involved in every piece of state litigation on this as well as the federal action. In fact, we were the only party allowed to intervene in the case and participate on our side as a party. We have been working alongside the lead counsel in the case and continue to do so leading up to the [U.S. Supreme Court] arguments.
Blade: Could you explain as best you can in layman’s terms what we understand to be the possible outcomes by the Supreme Court? In one outcome they can uphold Proposition 8. But is the court also being asked to rule that under the U.S. Constitution, no state can ban same-sex couples from marrying?
Herrera: I think that what you see if you look at the briefs of the plaintiffs and ours – we’re very, very complimentary. Clearly the plaintiffs in the case, as represented by Ted Olsen and David Boies, are seeking the broadest possible remedy to strike down discrimination vis-a-vis marriage equality nationwide.
And if you look at our briefs, what we do is try and make sure that we offer the full panoply in a very complimentary way. We fully agree with Ted Olsen and Boies and support their contention that heightened scrutiny should apply in this case, which would essentially, if found in the plaintiff’s favor, would basically have nationwide impact. But in addition, we have argued in our brief, while we fully agree with them, that even if you limited it to California and states similarly situated to California — the prohibition on marriage should not apply. So it’s a more limited but complimentary approach. Just so the court has the full panoply of possible avenues before it. But we’re in full support of the broad argument, but if the court wants to rule in our favor but limit it to California and other states that are similar to California, we briefed that issue as well.
Blade: How would it affect other states that are similar to California?
Herrera: If you look at the [U.S.] Solicitor General’s brief, the government’s brief, they have essentially said that states like California that have extended domestic partner benefits that allow same-sex couples to adopt, those that have been out there granting rights to same-sex couples cannot take them away through tools like Proposition 8. So there’s about seven or eight states that are similarly situated to California. And they have come in and said for those states, not just California but for those others, you can’t take an approach like folks have done with Proposition 8.
Blade: Does that include states outside Ninth Circuit?
Herrera: Yes.
Blade: Some constitutional experts that study the Supreme Court, including some who support same-sex marriage, have argued that it would be better for the court to limit an affirmative decision to just California rather than issue a ruling that would require all states to recognize same-sex marriage. They say that a ruling forcing all states to legalize same-sex marriage would create too great a shock to the culture, especially in southern and certain mid-Western states. What are your thoughts on that?
Herrera: I have heard that. But, like I said, in this case we’re working along with the lead counsel and have really offered a variety of different directions the court should go. And I would like to say this. I know that people make that argument. But think about how things have changed.
Let’s just go back. Proposition 22 that passed here in California in 2000 was against marriage equality 60 to 40. And with Proposition 8 we saw what the numbers were [52 percent for Prop 8, 48 percent against]. Recently, on the same day that the federal government – the administration – came in support of our position there was a Field Poll released here in the State of California that showed that 61 percent of people now in California favor same-sex marriage as opposed to 32 percent. …
So I’m fully in support of a broader approach and I think that would be the best thing for the country. But if in its judgment the Supreme Court does not want to go that route we have offered them and the United States government has offered them another direction to go that perhaps might be more limited but ultimately we know is going to lead to the same result nationwide.
Blade: In 2004, when San Francisco Mayor Gavin Newsom allowed marriages to take place at City Hall, you supported that, right?
Herrera: Yup.
Blade: But some lawmakers in Washington at the time, including Congressman Barney Frank, thought that might be jumping the gun a little bit and that it could lead to a greater push for a constitutional amendment to ban same-sex marriage. That never passed, but some were worried that it could. Was that something that entered your mind back then?
Herrera: I think history has borne out that we in San Francisco were on the right side of history when you look at the tremendous progress that has been made over the course of the last several years. So I think that sometimes it is somewhat scary for people to take the unconventional approach and to push the envelope. But I think that the wisdom of that approach has been borne out by history.
Federal Government
Todd Blanche’s record on LGBTQ issues comes under scrutiny as he takes over DOJ
Blanche was confirmed by the Republican controlled Senate 50-49.
Todd Blanche, President Trump’s former personal lawyer, was sworn in as attorney general of the United States on Monday.
Blanche secured the position as the country’s 88th chief law enforcement officer on Sunday night after a contentious Senate confirmation process, ultimately ending with a 50-49 vote in his favor. All Democrats, as well as Republican Sens. Susan Collins and Lisa Murkowski, voted against him.
The confirmation hearing — and subsequent vote — brought questions surrounding Blanche’s credibility and integrity, as well as concerns about Trump’s ethical dilemmas surrounding cronyism, to the forefront.
The attorney general acts as the head of the Department of Justice, responsible for enforcing federal laws, representing the U.S. in court, and advising the president.
Blanche has a long history in Washington, beginning when he attended American University for his undergraduate education, like fellow former Trump attorney Michael Cohen. He began his legal career as an intern in the U.S. Attorney’s Office in Washington, which eventually became a full-time position.
That job eventually led him to work as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003.
Blanche left the public sector in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.
There, Blanche represented several figures associated with President Donald Trump, including former New York City Mayor Rudy Giuliani and Trump’s former campaign manager Paul Manafort.
In 2024, Blanche switched from Democrat to Republican and moved from New York City to Palm Beach, Fla., where he would be closer to Trump’s primary legal residence at Mar-a-Lago.
He then served as Trump’s personal defense attorney in the New York state case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to adult film star Stormy Daniels.
While serving as acting head of the Department of Justice before his official confirmation, Blanche played a central role in overseeing the department and was involved in leadership decisions tied to several controversial actions affecting LGBTQ people.
One of the first issues was transgender rights and gender-affirming care, particularly for minors — an issue the White House and Republican Party have made a key part of their broader cultural agenda and federal policy efforts.
In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population.”
The letter came before NYU Langone ended its gender-affirming care at the behest of the president, forcing the hospital system to stop prescribing puberty blockers and hormones to minors.
The hospital’s change in policy came after the Trump-Vance administration threatened to pull all federal funding if it continued providing the care.
Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”
“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he continued in the letter.
In addition to his anti-transgender positions, Blanche also echoed his predecessor, Pam Bondi, in taking a public stance on limiting LGBTQ-related protections at the federal level.
He aligned with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessons in schools and limited lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.
Blanche called it “another great decision that came down today,” arguing the ruling “restores parents’ rights to decide their child’s education.”
“It took the Supreme Court to set the record straight, and we thank them for that,” he said. “Now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”
In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse and rape under the Prison Rape Elimination Act.
The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.
Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”
Blanche also faced scrutiny over a slew of other issues surrounding his leadership during his tenure as acting AG.
The Justice Connection, a watchdog organization that works to protect current and former civil servants working in the U.S. Department of Justice, called his work so far “devastating.”
The organization said Blanche “harmed the department’s workforce, advanced the politicization of the department, undermined the rule of law, and threatened public safety.”
The group cited several issues, including what it described as Blanche minimizing the violent reality of the January 6 insurrection led by Trump supporters; investigating and attempting to prosecute President Trump’s perceived political enemies; the botched release of the Epstein Files to Congress and the public, including the release of victim and witness details and censorship surrounding the scope of Trump’s relationship with the convicted sex trafficker and pedophile; and the expansion of federal immigration enforcement in Minnesota which lead to the death of two U.S. citizens by federal officials.
Sharon McGowan, senior vice president of Policy & Litigation at the Human Rights Campaign, the largest LGBTQ advocacy group in the country, provided a statement to the Blade about Blanche’s confirmation calling it “chilling.”
“The last thing Todd Blanche deserves is a promotion,” McGowan said via email. “For months, Blanche has used his position as Acting Attorney General to advance President Trump’s personal and financial interests and to weaponize the Justice Department against the President’s enemies, whether they be transgender kids or civil rights organizations trying to help people vote. His notion of justice is warped and dangerous, and LGBTQ+ Americans deserve better.”
National
HRC condemns DoE removal of LGBTQ bullying data from federal survey
Organization cites rise in homophobic, transphobic policies, worse mental health outcomes
The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.
The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.
That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.
Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.
K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.
These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.
The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.
By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.
Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.
The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.
This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.
Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.
He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.
These policies have a real-world impact on trans people.
The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.
Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.
HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.
“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”
HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.
This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.
The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.
Michigan
Progressives score victory as El-Sayed wins Mich. Senate primary
Democratic newcomer will face Rogers in November
Michigan held its primary on Tuesday, allowing the two major political parties to select their nominees to go head-to-head for the state’s U.S. Senate seat.
NBC News called the Democratic race early, giving the victory to physician Abdul El-Sayed over incumbent U.S. Rep. Haley Stevens (D-Mich.) in an extremely close primary. El-Sayed won 48.5 percent of the primary vote, with Stevens trailing by just one percentage point at 47.5 percent.
Both candidates have campagined on supporting the LGBTQ community through different avenues— for El-Sayed he focused on his past promoting HIV and PrEP funding and research. Stevens focused on her legislative history working to support transgender rights in the state.
This is a major win for progressive Democrats, who have been bearing the brunt of political attacks from President Donald Trump, the Republican Party, and centrist Democrats.
El-Sayed, a former health director in Detroit, ran his campaign largely on making life in the Great Lakes State more affordable amid rising costs. His policies include promoting “Medicare for All,” pushing health policy that targets the regressive efforts of the Trump-Vance administration that rolls back funding for both Women and LGBTQ people, minimizing the growing amount of money in politics, and he was very vocal in his criticism of Stevens for supporting aid to Israel. He was endorsed by two major progressives — U.S. Sen. Bernie Sanders (I-Vt.) and U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.).
Stevens, the four-term congresswoman, is much closer to establishment Democrats on policy than El-Sayed.
During her time in the federal government, she has consistently supported the Equality Act, which would add sexual orientation and gender identity as protected classes under the Civil Rights Act of 1964. She has also emphasized supporting local manufacturing and lowering housing costs in the state.
She was named to Advocates for Trans Equality’s 118th Congressional Champions list for her pro-trans policies and was endorsed by establishment heavy hitters Michigan Gov. Gretchen Whitmer and Senate Minority Leader Chuck Schumer (D-N.Y.).
The contentious race boiled down not only to Michigan affairs but also extended to international conflicts — namely Palestine. (South Africa has filed a case in the International Court of Justice in The Hague that accuses Israel of committing genocide in the Gaza Strip after Oct. 7.) This primary also acted as one of the first major races that pushed back against AIPAC, a lobbying group that works to promote pro-Israel candidates in U.S. elections. The group has been involved in domestic politics since 1954.
AIPAC devoted a massive amount of money to this race.
The Associated Press reported that the pro-Israel lobbying group spent more than $30 million on ads against El-Sayed because of his vocal denunciation of Israel and his continued criticism of its policies towards Palestine.
Michigan has a large Muslim and Arab American population, which could, in part, explain how El-Sayed was able to win.
The Republican side was far less competitive. Former U.S. Rep. Mike Rogers (R-Mich.) ran unopposed and clinched the GOP nomination. He has consistently held anti-LGBTQ positions, going as far as voting multiple times for a federal constitutional amendment to ban same-sex marriage, voting against repealing the military’s “Don’t Ask, Don’t Tell” policy, and supporting efforts to directly target the attempted expansion of Title IX protections to include trans people.
El-Sayed will face off against Rogers in November for Michigan’s Senate seat — one that could have lasting impacts not only on the state’s politics but also on the Republicans’ narrow Senate majority and Trump’s political agenda.
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