National
Gay couples lobby Congress on immigration reform
‘We live in a very uncertain and scary place’

Shirley Tan, Jay Mercado and children Jorienne and Jashley Mercado. (Washington Blade photo by Blake Bergen)
For Shirley Tan and Jay Mercado, the debate on comprehensive immigration reform in Congress is a make-or-break moment that will determine whether their family can remain together in the United States.
The California couple, among the estimated 36,000 bi-national same-sex couples living in the United States, paid a visit to Capitol Hill on Wednesday along with other couples for a lobby day bearing a singular message: include the Uniting American Families Act as part of larger immigration reform.
Tan, a 47-year-old Philippines native who was denied asylum in 2009 and has since been threatened with deportation, said the inclusion of UAFA would be incredibly meaningful for her San Francisco-based family โ as well as for other bi-national couples.
“My partner Jay, for 27 years, is faced with the problem of whether she has to quit her job and take everybody back to the Philippines,” Tan said. “She has an ailing mother who is on dialysis treatment right now, and I’m the one taking care of her, so don’t know if we have to put her in the home, and what about the kids? The Philippines is a foreign country to them.”
About 50 gay, bi-national couples from 26 states came to Capitol Hill on Wednesday as part of a lobby day effort organized by the LGBT group Immigration Equality.
Rachel Tiven, executive director of Immigration Equality, called the lobbying by the couples “really a huge asset” in ensuring protections for same-sex couples are included as part of immigration reform.
“These families today are here to look their members of Congress [in the eye], especially look their senators in the eye, one more time and tell them how much this matters to LGBT families,” Tiven said. “Everyone here knows that they’re representing not only themselves, not only their state, but they’re representing all the LGBT immigrants around the country, and around the world, that are waiting for change.”
Bi-national same-sex couples, where one individual is a foreign national and another is a U.S. citizen, are threatened with separation under current immigration code once the foreign national in the relationship falls out of legal status.
Straight Americans can sponsor their partners for residency in the United States, but that option isn’t available to gay Americans because of the Defense of Marriage Act and because they can’t marry in many places within the country. UAFA would enable gay Americans to sponsor their foreign partners for residency.
The moment for these bi-national same-sex couples will come soon. LGBT advocates are expecting an amendment along the lines of UAFA, which would enable gay Americans to sponsor their partners for residency in the United States, to come up when the Senate Judiciary Committee votes on the comprehensive immigration reform bill that was produced by the “Gang of Eight.”
On Wednesday, the couples met with a variety of lawmakers from across the country. On the agenda for Tan and Mercada was a meeting with staffers for Sen. Dianne Feinstein (D-Calif.). A member of the committee, Feinstein has yet to make a public statement on whether she’ll support UAFA as part of immigration reform.
Mercado, 52, said the meeting went well, but the staffer for the California senator wouldn’t make promises about how she’d vote if a UAFA amendment came before the committee.
“She doesn’t know the exact answer from the senator, but she’s positive that she will be doing the right thing,” Tan said. “They saw a lot of the families that are affected, and most of the families that are affected by, the most bi-national couples, are in California. They say it’s about 10,000 couples in California alone.”
Feinstein’s office is staying quiet about whether she will support UAFA. Asked by the Washington Blade whether she’ll vote in favor of the legislation as an amendment to comprehensive immigration reform, Brian Weiss, a Feinstein spokesperson, said on Wednesday, “Sen. Feinstein is taking a look at the legislation. No announcement at this time.”
The California senator’s silence on UAFA is striking because the former San Francisco mayor is known for being a strong supporter for LGBT rights. She’s been the lead sponsor of legislation aimed at repealing the Defense of Marriage Act. Feinstein has also introduced a “private bill” limited to Tan and Mercado to keep them together in the United States.
The couple also met with Rep. Jackie Speier (D-Calif.), another UAFA co-sponsor, who gave her personal assurances that she’d vote in favor of a UAFA amendment as part of immigration reform once the legislation comes over to the House.
Tan and Mercado have made their case on Capitol Hill before. In 2009, Tan testified before the Senate on the importance of passing UAFA. Her testimony at the time, in which she recalled her arrest in 2009 when immigration officials took her from her home, was considered moving. It inspired tears from her children, to whom Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) said their mother was a brave woman.
Jorienne and Jashley Mercado โ now 16 โ accompanied their parents for the lobby day on Capitol Hill to help make the case for UAFA and had an audience with Leahy himself, the sponsor of UAFA in the Senate, four years after that hearing.
“We thanked him for supporting our families and being a champion for our families, that he’s helping out all of us,” Jashley said. “He said, ‘I’m glad that I’m helping you guys because you guys are really an inspiration.'”
Jorienne said passage of UAFA as part of immigration reform would offer his family assurances that his mother would be able to stay in the country without fear of deportation.
“It would mean a tremendous amount to our family because our mom is such an integral part of our family,” Jorienne said. “If we don’t have her here with us, then we’re not a family.”
Despite words from supporters like Leahy, it’s not clear UAFA will ultimately be included in immigration reform. The Associated Press reported earlier this week that Democrats are “treading carefully” because they’re wary of adding another issue to immigration reform that has already been attacked by conservatives like Sens. Lindsey Graham (R-S.C.) and John McCain (R-Ariz.).
Still, Tiven maintained inclusion of same-sex couples in the larger vehicle would motivate the LGBT community to act.
“The LGBT community is a tremendous asset to pushing comprehensive immigration reform forward to the finish line,” Tiven said. “The LGBT community has proven over and over again โ at the state level, at the federal level โ we know how to get things done. We know how to pass legislation and we are bringing our power to LGBT-inclusive immigration reform.”
‘We still live in a very uncertain and scary place’
Also among the couples on Capitol Hill was Sam Conlon and Gary Wanderlingh, who reside in New Fairfield, Conn. Wanderlingh is seeking the opportunity to sponsor Conlon, a British national, for residency in the United States. Married in Connecticut in 2011, the couple has twice filed spousal petitions that were both denied on March 29.
While relocating to the United Kingdom is an option for the couple, Wanderlingh, 43, said he doesn’t want to leave New Fairfield because he’s taught in the same school district for 18 years. He’d lose his pension and would have to renew his teacher certification if he moved overseas.
“The most compelling thing is my elderly mother, where unfortunately my father passed away on what would have been our wedding day, our scheduled wedding day,” Wanderlingh said. “I made a promise to him that I would take care of mom, though now I’m being faced with the choice of breaking the promise that I made to Sam to be together for the rest of our lives.”
Upon their visit to Capitol Hill, the couple visited the office of Sen. Richard Blumenthal (D-Conn.), who’s already a UAFA co-sponsor. Conlon said they also spoke with staffers for Sen. Chris Murphy (D-Conn.) and Rep. John Larson (D-Conn.), and while they were supportive, received no commitments. Neither Murphy’s office nor Larson responded to the Blade’s request for comment on UAFA.
Conlon, 36, said he’s glad there’s an opportunity to have immigration reform passed that would help his family.
“We’re glad to see that there is a buzz around this,” Conlon said. “It’s very encouraging to see the winds changing in our direction in the last few months. But there’s never any guarantees, until it’s passed, until we know we have rights, we still live in a very uncertain and scary place.”
There could be another option for bi-national same-sex couples who are married. If the U.S. Supreme Court issues a ruling that strikes down Section 3 of DOMA, gay Americans could begin sponsoring their same-sex spouses for residency within the country. However, it’s not certain the court will strike down DOMA and other issues could arise in which UAFA would be needed.

Ben Story and Brandon Perlberg (Washington Blade photo by Blake Bergen)
Brandon Perlberg, 35, and Benn Storey, 31, who are living in exile in London after Perlberg, a U.S. citizen, had lived in New York City for 15 years and Storey, a British national, lived there for seven years. Although they aren’t married, they’re engaged and planning a London wedding.
Perlberg, an attorney, explained he chose to live in exile with Storey, who couldn’t remain in the United States after his work visa expired and he couldn’t get a green card through his employer.
“Because I can’t sponsor him for a green card, it became clear that Benn was going to have to move to the U.K., and that meant that I had to make a decision over whether I was to live my life in the country, or move to England with the person that I love,” Perlberg said. “I chose the latter. We moved to the U.K. in 2012. UAFA is the bridge; UAFA is the instrument that gives us the ability to return to the United States.”
The couple met with staffers for lawmakers from New York โ Reps. Hakeen Jeffries (D) and Carolyn Maloney (D) โ and had plans to meet with staffers for Sens. Chuck Schumer (D-N.Y.) and Kirsten Gillibrand (D-N.Y.), who co-sponsor UAFA.
“When you meet with a staffer, they can’t give you a firm position,” Perlberg said. “But I think that the meetings were generally positive. People seemed to understand our position, and as well, they seem to get that it’s not just about the couple, it’s about the couple’s family, it’s about the couple’s employers, it’s about the people that the couple relates to.”
Not every individual lobbied members of Congress with their significant other. Michael Upton, a gay 49-year-old South Hero, Vt., resident, came to Capitol Hill by himself because his partner of more than five years, a Brazilian national, is unable to come into the United States.
“It’s awful,” Upton said. “We’ve never been able to be together. He’s never met my family. My dad actually recently passed away. We petitioned for humanitarian parole so he could be there in Vermont, so we would have to choose. It was denied. I was in Brazil when my father died, so I couldn’t be with my family.”
Because the two live apart in different countries, Upton said he had to give up his job at the Veteran’s Administration caring for troops coming home from Iraq and Afghanistan to become a federal contractor so he could he have more flexibility to travel to see his partner.
Upton said he met on Capitol Hill with Leahy, and said the senator told him he’d do everything he could to ensure immigration reform is amended to include UAFA. Upton said he also met with staffers for gay Rep. Mark Pocan (D-Wis.) and Rep. Bill Owens (D-N.Y.), who also expressed support.
For Upton, passage of UAFA as part of immigration reform is the last hope for him and his partner to stay together in the United States. While he’s hopeful, he also realizes there’s no guarantee.
“This is the difference between whether or not we can continue,” said Upton as his eyes welled with tears. “I’m hopeful, but I’ve been hopeful about a number of opportunities for John to come and they’ve fallen flat. My state has the champion for this issue, and I think he’s completely committed, and he’s one of the most powerful men in the Senate, so if anybody can do it, he can.”

Bi-national same-sex couples lobby Congress to include UAFA as part of immigration reform. (Washington Blade photo by Blake Bergen)
CORRECTION: An earlier version of this article incorrectly attributed quotes to Sam Conlon and Gary Wanderlingh. Additionally, the article incorrectly suggested UAFA could be an alternative for gay Americans to sponsor their foreign partners for residency in the United States after DOMA is struck down if their relationship isn’t a legal marriage. However, UAFA won’t be operative for these couples after DOMA is gone because Section 2, Part D of UAFA states the law doesn’t apply to couples who are able to enter into “a marriage cognizable under the Act,” which would be all bi-national couples in a post-DOMA world. The Blade regrets the errors.
Lavi Soloway, a gay immigration attorney and co-founder of The DOMA Project, explained further the situation for bi-national couples in a post-DOMA world.
“After Section 3 of DOMA is struck down, many unmarried lesbian and gay binational couples will marry in the states or countries where marriage is legal for same-sex couples,” Soloway said. “Those couples already living in ‘marriage equality’ states will be able to marry where they live, while other couples will travel out of state to marry as gay and lesbian couples do every day in this country. Thousands of bi-national couples who are separated or exiled abroad and who are not married, may be eligible to petition for fiance visas so that the foreign partner can come to the United States to marry and to apply for a green card based on that marriage. Because immigration law is so complicated and so much is at stake in these cases, all binational couples are strongly advised not to take any action after the Supreme Court rules on DOMA without first seeking legal counsel. “
North Carolina
Authorities investigate officer-involved shooting outside Asheville gay bar
Incident took place near Shakey’s on Wednesday
An officer-involved shooting outside of a gay dive bar, Shakeyโs, 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 Shakeyโs, 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.
โBecause 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 Shakeyโs 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.
Pentagon
Hegseth announces testosterone initiative as trans troop ban continues
SPARTA Pride criticized Pentagon policy
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.
National
Democrats are trying to disqualify trans candidates. Hereโs how
Jordan Korgood suspended Mass. Governorโs Council candidacy after opponent questioned residency
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 Governorโs 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 didnโt meet the five-year residency requirement. While Korgood has lived in Massachusetts since 2019, she didnโt have a valid address to register in the state while she was unhoused. So she used her motherโs address, where she had lived before moving.
In an email to Uncloseted Media, Iacobucci wrote: โBecause 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.
โI am incredibly frustrated that this is what I have to do at this point,โ Korgood told Uncloseted Media. โIโve spent thousands of hours, Iโve sacrificed my own mental health, my social life, friendships, my professional aspirations and advancement to work on this campaign, and this is how theyโre ruling.โ
โThese are cherry-picking remote issues to target specific individuals,โ Eliot Tracz, assistant professor of law at New England Law Boston, told Uncloseted Media. โTheyโre legitimate laws, but what theyโre looking for is a selective application.โ
Korgood isnโt 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.
โIt 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. โThis is not a legitimate way to fight โ if you have a disagreement on policy, thatโs 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 countyโs 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 Joyโs case, her deadname.
โThe original spirit of the law I kind of agree with,โ Joy told Uncloseted Media. โBut thereโs 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 wasnโt 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 didnโt include a space to list former names, an omission that has since beenย corrected.
โThe only way to find out about it was to dig deep into all of the additional documents on their website,โ says Joy. โThey 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.
โBecause both the original and amended affidavits of identity filed by โJoanna Michelle Whaleyโ contain FALSE statements, she/he cannot be certified to appear on the Aug. 4, 2026, primary election ballot,โย the complaint argues.
The county clerk denied the challenge, which deadnames Whaley, because she had legally changed her name. Liberatiโs complaint was widely condemned, with the Michigan Legislative LGBTQ+ Caucus calling it โmeritlessโ and โtransphobic.โ
โIt completely backfired on him,โ Whaley told Uncloseted Media. โWe tripled our cash on hand within a week because of the support that weโve gotten from our community, and actually are in a stronger position now to win this race.โ
While Whaley benefited from the challenge, thatโs 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 Muaโs opponents, Democrat Arthur Harrington, had discussed the challenge with Davis before it was filed, according to DeNiro Jones, Harringtonโs 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, โThe transgender candidate will be eliminated,โ and Harrington responds that โToni also wonโt 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 โbaseless and meritlessโ and referred to Mua as โan illegitimate candidate seeking attention.โ
โA 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. โA personโs 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 Davisโs 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 Davisโs challenge of Muaโs candidacy, the state court of appeals wrote, โPlaintiff misreads the statute โฆ 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 plaintiffโs challenge.โ
โI had to leave my job to run for this open seat,โ Mua told Uncloseted Media. โIt truly pisses me off, because [Democrats] have always said that they were better than this, and itโs 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 โdespicable.โ
โInstead of saying โtrans people shouldnโt be running,โ [theyโre entering] into this respectability politics and saying โoh, itโs actually because the names donโt match up, or itโs because of this residency law,โโ Allred told Uncloseted Media. โ[Itโs 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 arenโt 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 โgreat reluctance โฆ to remove an individual from the ballot.โ This makes Korgoodโs removal unusual.
And while the State Ballot Law Commission says it considers many factors when determining a candidateโs residency and โno factor standing alone can be dispositive,โ it largely cited Korgoodโs voter registration in its decision despite other evidence that supports her eligibility, including apartment leases and membership in city programs.
โWhile thereโs an undertone of legitimacy to some of those claims, itโs very selective,โ Tracz says. โMost of us, when we move to a new state, donโt 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 hadnโt voted in the city for over 10 years.
Months after Joyโs 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[That rule is] applicable to any candidate, and the question then becomes โIs this only being enforced against a select group of candidates?โโ he says. โWhy 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.
โWhether itโs 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 Liberatiโs 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.
โAt the end of the day, I want to get home to tuck my kids in bed,โ Whaley says. โWe could be using that money for other things, but weโre having to use it to just keep me alive.โ
Eligibility challenges distract from the candidatesโ policies. Childrey remembers one woman telling her she couldnโt vote for her because sheโs โonly about the rainbow people.โ
โMost of what [Iโm] talking about is affordability, funding for our public schools … bread and butter issues,โ Childrey told Uncloseted Media. โThere is an assumption, because weโre trans, that thatโs 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.
โTrans 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 candidateโs deadname or legal sex arenโt 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.
โWe need to make sure that we set the expectation that everyone โฆ is rejecting these tactics that are disproportionately burdening our trans candidates,โ he says. โWe 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 doesnโt see a future for herself or other trans people with the Democrats unless the party stands up for them. โI refuse to put myself into a party where I donโt see my safety and protection being vital.โ
While Korgood says she is saddened by this outcome, she doesnโt intend for her political career to end.
โIโm 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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