Politics
Judge sets Feb. 25 trial for Michigan marriage ban
Hopes dashed for quick ruling in favor of marriage rights for gay couples

April DeBoer (on left) and Jayne Rowse speak at a rally before the Michigan court hearing on marriage equality (Washington Blade photo by Chris Johnson).
DETROIT — A federal judge on Wednesday dashed the hopes of those seeking a quick ruling in favor of marriage equality in Michigan when he instead announced he would bring the case to trial beginning Feb. 25.
Following 60 minutes of oral arguments, U.S. District Judge Bernard Friedman declared he would hold an “expedited” trial where experts could testify on whether the state has a legitimate interest to ban same-sex marriage, denying requests from both sides to grant summary judgment. The judge granted attorneys 30 days to prepare a witness list for the trial.
“What is in dispute… is whether or not there’s a legitimate state interest, and that’s a battle of the experts,” Friedman said.
The case before the court, DeBoer v. Snyder, was filed last year by April DeBoer and Jayne Rowse, a lesbian couple in Hazel Park, Mich. They initially filed their complaint to seek second-parent adoption rights for their three children, but later amended their complaint to ask the court to overturn the constitutional ban on same-sex marriage approved by voters in 2004.
Friedman announced his decision to bring the case to trial after hearing arguments both for and against lifting the marriage ban from attorneys in oral arguments. Both sides drew on the U.S. Supreme Court decision against the Defense of Marriage Act in making their case on the constitutionality of the ban on same-sex marriage. It was the first oral arguments on marriage in federal court since the Supreme Court decisions in June.
Attorney general argues on behalf of marriage ban
Representing the state during oral arguments was Assistant Attorney General Kristin Heyse, who argued the court should deny the requests of plaintiffs in the case on the basis that Michigan’s ability to make its own decisions on domestic relations is “indisputable” following the DOMA decision.
“The relief that they request in this particular case, your honor, would require this court to usurp the same sovereign authority that governs domestic relations,” Heyse said. “This the court should decline to do.”
Carole Stanyar, one of four private attorneys representing plaintiffs in the lawsuit, made use of the DOMA decision the other way during arguments by pointing the language in the decision pertaining to children, saying the children of her clients are being harmed under state law.
“I absolutely believe, your honor, that the five justices that decided on that language were looking past that case to pass the language in Windsor to our plaintiffs, our littlest plaintiffs, to these children, to the children of gay and lesbian parents all across Michigan and all across America,” Stanyar said.
Stanyar also maintained Heyse’s interpretation of the DOMA decision is incorrect because although the Supreme Court said domestic relationships are up to the states, they can’t act in a way that’s unconstitutional with regard to the people involved.
Other cases also came into play.
Heyse maintained that Baker v. Nelson, a case seeking same-sex marriage that the Supreme Court refused to hear in 1972, provided the controlling precedent in the case. At this point, Friedman interrupted her, saying “That’s about a 40 year old case! What about Lawrence?”
But Heyse maintained the issue of homosexual relations is different than the issue of marriage, which she said is still controlled by Baker.
Further, she pointed to two other recent district court decisions in Nevada and Hawaii that upheld bans on same-sex marriage as a result of the Baker decision. However, both decisions were rendered before the Supreme Court decisions in expanding marriage equality this June.
Urging the court to avoid ruling in favor of plaintiffs by applying a heightened scrutiny to Michigan’s law and marriage and adoption, Heyse said, “There is no fundamental right to same-sex marriage or adoption.”
Prefacing her arguments by saying they weren’t an attack on the gay people, Heyse said the electorate had a legitimate interest in approving a ban on same-sex marriage and proper venue for making a decision on both the marriage and adoption issue is through the legislative process, not the courts.
“The people of the state of Michigan should be allowed to decide when and if there should be a change in the law,” Heyse said. “In 2004, nearly 2.7 million voters chose to reaffirm traditional definition of marriage, which remains between one man and one woman. That was not a vote against the gay and lesbian community, but a vote to maintain the traditional definition.”
At one point during the arguments, Stanyar and Friedman had an exchange when the attorney said the court should rule for her client because social science indisputably says gay parents are just as fit to be parents as heterosexuals.
Friedman responded her couldn’t make a ruling on any one piece of social science alone because there may be other opinions, but Stanyar held firm, saying the state provided no affidavit to the contrary.
“At this stage in history, it is no longer debatable,” Stanyar said. “These things have been proven. They’ve been proven over and over and over again. They chose to proceed on summary judgment. They haven’t offered you any affidavit.”
Also urging the court to overturn the ban on same-sex marriage was Michael Pitt, an attorney representing Oakland County Clerk Lisa Brown.
Pitt maintained Brown, who filed her own a petition before the court in favor of overturning the marriage ban, would not “delay even one minute” to give marriage licenses to gay couples if the court allowed her to do so.
“The clerk knows, as we all do, that committed same-sex couples live together as a family, sometimes for decades, raise children together, provide financial stability for each other, help each other in time of illness, help each others’ family members and, at the end of life, they are there to provide comfort and say goodbye,” Pitt said. “These relationships define our personal autonomy, our liberties, and no law has ever trampled on these personal choices.”
Pro-gay lawyers see opportunity in trial
The judge’s decision to bring the case to trial is along the lines of what happened in the federal lawsuit that overturned California’s Proposition 8. When the case came before U.S. District Judge Vaughn Walker in 2010, he ordered that a trial would be held before issuing ruling against the referendum against same-sex marriage.
Dana Nessel, another attorney representing the plaintiff couple, said on the steps of the court after the arguments she’s disappointed in the delay, but will prepare witnesses as requested by the judge.
“Naturally, there’s some mild disappointment there,” Nessel said. “But we look forward to a trial and we look forward to the opportunity to present our experts in the case. Honestly, we have an overwhelming amount of evidence to present to the court to show that same-sex parents are every bit as good as opposite-sex parents. We know that to be the truth.”
Jay Kaplan, a staff attorney for the ACLU of Michigan, was present in the courtroom during the oral arguments and later told the Washington Blade the delay in a decision is “disappointing,” but a trial would be beneficial in the pursuit of marriage equality because the opposing side won’t be able to produce witnesses.
“I think what the judge is basically saying is he wants to make sure that whatever decision he renders can be backed up with strong facts, testimony and expertise,” Kaplan said. “When you look at the California case…proponents of marriage equality couldn’t find those people to back up those assertions. I think the same thing will happen in the State of Michigan. They’re not going to be able to find reputable studies with experts who can support denying gay couples the right to marry.”
Oakland County Clerk Lisa Brown was also present near the court after the hearing, saying she knows of gay couples are disappointed because they called her office asking if they could obtain marriage licenses there if the court ruled for marriage equality.
“Those rights are being violated, I think, and it’s very disappointing,” Brown said.
Asked by the Washington Blade if she would help with preparing with witness lists for the trial, Brown said she’s still surprised that Friedman made the decision take the case there.
“I think we’re all still kind of surprised that this is what the judge decided today,” Brown said. “He could have done this in the summer when we had a hearing. In all the scenarios that we imagined that would happen today, this was not one of them.”
Heyse had no comment in response to the Blade’s questions following the oral arguments and directed inquiries to the attorney general’s office. It didn’t respond to requests for comment.
2026 Midterm Elections
Annie Andrews denounces trans athletes after Trump targets her
President used anti-trans slur to describe SC Senate candidate
Days after President Donald Trump called Annie Andrews, the cisgender Democratic nominee for South Carolina’s U.S. Senate seat, an anti-transgender slur on social media, Andrews came out against transgender girls and women participating in sports.
Trump called Andrews a “trannie” on Truth Social while attempting to garner support for her opponent, U.S. Sen. Darline Graham (R-S.C.), the incumbent seeking reelection in South Carolina.
After the president’s use of the slur was widely reported, the incident provided an opportunity for Andrews to explain her position on the ongoing trans debate that has shaped political discourse in the 2020s, despite trans people making up only 1 percent of the U.S. population, according to the Williams Institute.
She used the opportunity to denounce trans rights and pointed out that, as a physician, she had never performed gender-affirming surgery on minors.
“I want you to hear me loud and clear: I don’t support biological men playing women’s sports, and I don’t support and haven’t ever performed gender surgery for minors,” Andrews said in a political ad.
Despite these recent developments, Andrews has previously voiced support for trans South Carolinians. In 2022, she posted on her X account, criticizing the Save Women’s Sports Act, which was signed into law by Republican Gov. Henry McMaster and restricts trans girls from participating on girls’ sports teams.
“This is shameful legislation that does nothing to protect or support women or children in SC. In fact, it is actively harmful. I will always support trans youth,” Andrews wrote in after the legislation passed.
The Washington Blade reached out to Andrew’s campaign about the comments, and asked if she supports trans rights but did not receive a response.
2026 Midterm Elections
On Republican Long Island, gay Democrat Chris Gallant bets on public service over politics
Chris Gallant sat down with the Blade ahead of his race for NY’s 1st congressional district.
New York’s Long Island, which is just 50 miles from the Stonewall Inn, is a reliably red enclave where President Trump won easily in 2024.
Chris Gallant, an openly gay Democrat running for New York’s 1st Congressional District, which includes the eastern side of Long Island, is trying to capitalize on what he sees as growing frustration with the Republican Party and its ability to deliver for everyday Americans.
The Blade sat down with Gallant to discuss his move from civil servant to the fight for public office, how he has been personally impacted by the changes from the Trump administration, and the recent release of photos from his past that have brought the national spotlight his way.
Gallant has a long record of public service that, on paper, would make him an unconventional but compelling candidate for a heavily Republican district. His résumé includes New York Army National Guard service that began when he was 17, multiple overseas deployments, including multiple tours in Kuwait, work as an FAA air traffic controller, union leadership and service as a volunteer firefighter.
That record of service is central to how Gallant describes himself — particularly as he navigates the unusual combination of being an openly gay candidate, a military veteran, and a Democrat running in a district where Republicans have historically held the advantage.
“My fiancé and I both serve in the military and we built our relationship through trust, timing, and a lot of miles between us,” his campaign website says, highlighting the idea of family values that has become a central part of winning the area. “I’ve been openly gay in the military since just after ‘Don’t Ask, Don’t Tell’ ended, and I’ve learned to speak plainly, hold the line, and back up what I say. I’ve also learned how to listen — and how to bring people with very different views to the table and actually make progress.”
Gallant said that record, rather than his sexual orientation, is what should define his candidacy.
“I think who I am as a person is an asset,” he told the Blade when asked if his sexuality has played any role in his decision to run. “I’m not running because I’m gay. I’m running, and,’Oh, I’m gay.’ It’s part of my identity. It’s just a part of who I am. But it’s not necessarily on the table because that shouldn’t make a difference on how I’m going to respond in Congress or how I’m going to run into a burning building. I don’t think those things necessarily matter so much.”
For Gallant, the campaign is ultimately about something broader than identity politics. He said he is running because he wants to restore Americans’ confidence in a government that he says has become less about its people and more about the wealthy leaders in charge.
“I’ve always said that part of the reason why I am running for Congress is because I want to restore faith in our government,” he said. “We’re all drastically exhausted with what’s going on in this world, and particularly with Donald Trump being in office, [his] type of politics, and the way he works, essentially. When Biden got into office after Trump won, it was like the release of a pressure cooker… the pressure cooker is just even worse now this second time around.”
He also explained that his experience working inside the federal government has shaped how he believes Washington should approach its problems. Gallant pointed specifically to the Trump administration’s efforts to reduce the size of government and the role of the Department of Government Efficiency (DOGE), arguing that cutting government spending should not mean indiscriminate cuts.
“I understand that we as a nation need to save money, or at least fix the budget or balance it. We are getting further and further in debt … The budget is always a huge issue and something that we definitely 100% need to fix. But we need to do it with experts and, you know, attack these issues with a scalpel, not a chainsaw.”
The chainsaw Gallant mentioned is a clear reference to controversial Trump supporter Elon Musk, who announced he would be heading the highly politicized DOGE agency, where he, the first-ever trillionaire, brandished a shiny chainsaw symbolic of them cutting government spending with no regard for the impact on everyday Americans.
That philosophy, of scalpel over chainsaw, is also part of Gallant’s argument to voters who may be more accustomed to voting Republican. He does not present himself as a traditional politician, but rather as someone whose career outside politics could be an asset in Congress.
“I’m not a politician. This is my first foray into politics, and I think that’s what our politics need. We need fresh new faces, not career politicians. Someone who has brand new ideas, not tainted by politics. So I would say, give me the opportunity to prove myself, because, you know, until I actually get there and I can actually do a job, we won’t know.”
Gallant also shared signs that the political landscape on Long Island may be shifting. He pointed to gains Democrats made across the district last November and said economic concerns could further erode Republican support.
“Last November, in this district we [Democrats] gained 13 and 14 points across the district..And this district lost by 10 points last year. So even just in one year, you can tell that there’s a difference.”
The swapping of support from the Republican side to Democratic reflects the real concern voters have about the economy — impacted by the war in Iran, tariffs, and growing inflation.
“People are feeling it here in their pockets. The cost of living here on Long Island is already high, and things are just getting worse. There’s a lot of promises that were made with this administration that weren’t kept.”
Gallant said that frustration has directly translated into support from some voters who previously backed President Donald Trump.
“I know a lot of people who have voted for Donald Trump that have my lawn sign on their front lawn today. If that’s the change that they’re looking for, I’m going to provide it.”
But Gallant’s campaign has been complicated by a very different kind of political issue: the publication of photos from his past that have become a national story.
The photos, which include pictures of Gallant wearing various fetish gear for Mr. S Leather — including a harness and a collar — were shared with the New York Post.
Gallant has consistently rejected the idea that he should be ashamed of the images or that they undermine his qualifications for public office since their Sept. 13 publication. Instead, he has argued that his record of service should be considered alongside a private chapter of his life from 15 years ago.
“I mean, look, I’m totally not ashamed of who I am as a person. Those pictures were taken in my private life. I can still run into a burning building faster than most people. I can still fly a helicopter. And those are from 15 years ago, right? I built an entire life based around my commitment to the military and the Army National Guard.”
Rather than allowing the controversy to define him, Gallant said he hopes it can become part of a broader conversation about privacy and the consequences of living in a digital age — and indicated that this sort of scenario would become something semi-regular for those who grew up with technology.
“The reality is that we live in a digital age.This is what our generation is going to be stuck with. I laugh all the time because this is the reason why Congress and the Senate are about to die in their chairs. They didn’t have cameras and pictures and photos like that.”
“If I have to be the person to wave the banner now to fight and advocate for not only our community but anybody that could be put in this situation, that realizes now that we’re living in a digital age and this is what the future is going to be. It’s, you know, everything’s left online now.”
That argument extends beyond his own campaign. Gallant said he worries that the prospect of having a digital footprint scrutinized could discourage highly qualified and passionate potential public servants from seeking office.
“I understand that getting into public life means that the rest of your life becomes public. I get it, I do. But I also feel bad because there’s a lot of good people out there wanting to do a job in the public world, and they’re just afraid of what their digital footprint might have on them or might—what might exist because we’ve done things when we’re 12 or 15, or 20, or 30, or whatever.”
“I think living in this digital world, I would love to advocate for people to say, ‘How do we prevent some of these things from coming out into the public view so people can still maintain some kind of a private life?’”
For an openly gay candidate, the issue also carries a particular significance. Gallant said his experience has made him more interested in advocating for other LGBTQ people who may hesitate to enter public life because of what could eventually surface online.
His own LGBTQ policy priorities are relatively focused. He said adding further protections for same-sex marriage in federal law would be one of the issues he would want to pursue if elected, particularly as questions about the Supreme Court’s future approach to marriage equality continue to loom.
“My partner, who’s my fiancé, is currently deployed. We got engaged before he left in December because if the question came up to the Supreme Court– whether gay marriage was going to be a thing– we had to question whether, when he got back from deployment after Christmas this year, whether we were actually going to be able to legally get married.”
“I mean, these are questions that shouldn’t even be questions anymore. So if we can put something like [codifying same-sex marriage] into law, where it’s just not a Supreme Court decision and it can get overturned, like Roe v. Wade, then let’s do it.”
Gallant’s opponent, Rep. Nick LaLota (R-N.Y.), is the two-term incumbent and has a mixed record on LGBTQ rights. LaLota has been vocal in his opposition to overturning Obergefell v. Hodges, the Supreme Court case that established the constitutional right to same-sex marriage, but he has also been outspoken in his opposition to transgender rights. He co-sponsored and voted for H.R. 28, the Protection of Women and Girls in Sports Act, which would restrict participation in women’s sports based on sex assigned at birth rather than gender identity.
Gallant, on the other hand, has few official positions on LGBTQ issues but assured the Blade that, if elected, he would become “an advocate, particularly for the LGBTQ community.”
He also said he believes same-sex marriage should be codified into law and that nondiscrimination protections should be expanded. “I would definitely be pushing no discrimination against anyone for any reason — and that should not have any place in any workplace — especially on the federal government level.”
For Gallant, however, LGBTQ rights are only one part of a broader platform centered on public service, affordability and restoring trust in government.
He repeatedly returned to the idea that a member of Congress should be accessible to the people they represent — something he believes his experience holding town halls and working directly with members of his community demonstrates.
“I always find that a record of service and showing up every day at work and in our communities is what’s going to be key and important. And I think that’s what a representative needs to do. As a representative you’re supposed to represent and work with the people that elect you to office. And so that’s what I’m going to make sure I start today.”
Current prediction markets give LaLota a significant advantage over his challenger, with the incumbent holding an 81 percent chance of winning compared with Gallant’s 19 percent.
2026 Midterm Elections
Trump uses anti-trans slur against Democratic Senate candidate
President mocked Annie Andrews
President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.
In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.
Andrews is running against Graham for a Senate seat in the solidly Republican state.
Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.
Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”
“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”
Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.
“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.
Trump’s remarks have drawn criticism from leaders on both sides of the aisle.
Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”
“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.
Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”
“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.
South Carolina has not elected a Democratic senator in nearly three decades.
Andrews’s campaign website does not mention her positions on LGBTQ issues.
The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.
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