National
Seeking to ‘move Maine forward’ as governor
Recently out, Michaud could make history at the ballot
Rep. Mike Michaud (D-Maine) (Washington Blade photo by Michael Key)
Having only come out five months ago in several editorials in Maine newspapers, Mike Michaud is new to the club in terms of out public figures.
Nonetheless, he’s on the path to achieving a goal that has never been accomplished by any openly gay person: Winning a gubernatorial election.
During an interview with the Washington Blade in the office of one of his campaign’s consultants near Capitol Hill, Michaud tried to tamp down his sexual orientation as a factor in the race, but acknowledged the significance it places on his candidacy.
“That’s not why I ran for governor, because of my sexual orientation; it’s because I want to move Maine forward,” Michaud said. “But, quite frankly, if elected, it is historic, and I think it’ll also change the tone of the debate when you look at LGBT issues, not only in Maine, but throughout the country.”
The five-term member of Congress is seeking election in a state that legalized marriage equality at the ballot in 2012 and non-discrimination protections for LGBT people in 2005 (after earlier failed attempts).
“As governor, one of the advantages I’ll have is the opportunity to talk with some of my colleagues,” Michaud said. “As a matter of fact, the National Governors Association just met this week. To sit down with some of the governors talking about LGBT issues as it might come up in their particular states is something that I’m not hesitant to do, and it’s easier talking to peer-to-peer.”
As Michaud noted, the State House recently rejected by a 89-52 vote a measure that would carve out a portion of Maine’s civil rights law to allow individuals to discriminate, including on the basis of sexual orientation and gender identity.
It’s similar to a controversial “turn away the gay” bill pending before Arizona Gov. Jan Brewer (R) that would enable individuals and businesses to refuse service based on a sincerely held religious belief.
Michaud said he would veto any such measure that might reach his desk as governor, and furthermore said he believes Brewer “absolutely” should veto the version of the bill in her state. Recalling the recent meeting in D.C. of the National Governors Association, Michaud said “that would be something I would be able to talk with her about this week if I was governor.”
The Gay & Lesbian Victory Fund and Equality Maine have endorsed Michaud’s candidacy. The Human Rights Campaign hasn’t yet officially thrown its support behind him, but is expected to announce more endorsements for Election 2014 following an upcoming board meeting.
Elise Johansen, Equality Maine’s executive director, said a win by Michaud in the gubernatorial election would be historic for the country and the state — and maintained her organization will help him achieve the victory.
“We endorsed Congressman Michaud’s campaign for governor because we strongly believe that he is the best choice to lead Maine, for the LGBT community and everyone in our state.” Johansen said. “In addition to electing a proven leader with a long history of standing with LGBT Mainers, we have the opportunity to make history by electing our nation’s first openly-gay governor.”
No other Democrats are challenging Michaud for the nomination in the race, so he’ll carry the Democratic banner in what could be a three-way race.
On the Republican side is incumbent Gov. Paul LePage, who was first elected during the Tea Party wave in 2010 and was recently dubbed by Politico as “America’s Craziest Governor.” Also in contention is Eliot Cutler, an independent who’s a perennial candidate for Maine governor.
The race will be tight. Cook Political Report rates the contest as a toss-up, while Rothenberg Political Report considers the match toss-up/lean Democrat. Nonetheless, Michaud said the polling he sees in the race is promising.
“I feel pretty good about where we’re at; we’re leading in all the polls head-to-head,” Michaud said. “With our current governor, it’s a slam dunk, with a three-way race it complicates it a little more, but I feel really good about where we’re at.”
Making an impact by being out
Although he’s served in Congress since 2003, Michaud came out in November via a series of editorials published in the Portland Press Herald, the Bangor Daily News and the Associated Press.
“It never was an issue in my campaigns before,” Michaud said. “It appears that someone was trying to make it an issue this time around, so rather than let them make an issue, I decided to come out and move forward.”
The announcement came the same week that the Senate began considering the Employment Non-Discrimination Act, but Michaud said the timing was based on his presence in Maine as well as a pending endorsement from Maine firefighters and policemen. Because those groups tend to be more conservative, the campaign announced the news so those groups wouldn’t rescind their support afterward.
Nonetheless, Michaud said his announcement had a positive impact and recalled a story in which a restaurant owner who had a gay son wanted to speak with him.
“He actually literally had tears in his eyes because his son came out five months before that as gay,” Michaud said. “But the way he came out, he needed help, he was sick and needed help. And the fact that when I came out, it really lifted the spirits of his son.”
Saying the incident made him “feel really good” as he recalled what happened, Michaud said it was just one of several of cases of individuals who have told him it made a big difference.
Now that he’s out, Michaud said he sees no evidence of his sexual orientation being an issue among the candidates in the race — although he said a Tea Party challenger to Sen. Susan Collins (R-Maine) took to Twitter and Facebook to make it an issue.
Although he could be be the first openly gay person elected as governor, Michaud won’t be the first openly gay person to serve as governor. That distinction belongs to former New Jersey Gov. Jim McGreevey, who came out as gay in 2004 amid controversy before resigning.
Michaud is also not the only openly gay person seeking to win election as a governor in 2014. In Maryland, Del. Heather Mizeur is pursuing the Democratic nomination in a contentious primary. The Maine Democrat said he’s never met Mizeur and professed that he’s unaware of McGreevey.
Heading Michaud’s gubernatorial campaign is Matt McTighe, who also ran a successful campaign in 2012 to legalize marriage equality at the ballot in Maine in addition to heading Americans for Workplace Opportunity, a coalition of groups that pushed for passage of the Employment Non-Discrimination Act in the Senate last year.
Michaud said he supported the idea of bringing marriage equality to the ballot in Maine 2012 — despite what he said were persistent concerns among Democratic leadership at the legislature the issue would hamper Democrats at the ballot.
The Maine Democrat recalled a conversation he had with McTighe and then-Equality Maine executive director Betsy Smith before the decision was made to go forward.
“They were concerned where I might fall out on this particular issue, or they just wanted my perspective,” Michaud said. “I remember telling both of them, ‘If not now, when? Because when is the right time? Because in 2014, you’ll probably have the same excuse. Well, we have the governor’s race. We have to win it back. It’s not the right time. So, when is the right time?'”
The gamble paid off. Democrats regained control of the legislature that year, and the marriage equality initiative passed by a 53-47 percent vote, making it the first state ever to approve marriage equality purely through voter-intiatied ballot initiative.
“And I’m very glad they went with the campaign when they went with it,” Michaud said. “The way it was dealt with was it did change the hearts and minds of individuals one by one, and they made the difference.”
Michaud sees opportunity for ENDA
Before Michaud could be elected governor, he’s set to complete his 10th term in office representing Maine’s 2nd congressional district in the U.S. House. One item that remains on his agenda is continued push for passage of the Employment Non-Discrimination Act.
In 2007, Michaud was among the roughly two-dozen Democrats who voted against a version of ENDA that afforded protections only on the basis of sexual orientation after gender identity-related provisions were removed.
“It should be all-inclusive,” Michaud said. “I did vote against it because it was actually weaker than Maine’s law. I wasn’t going to vote for something that was weaker than Maine’s law. I wasn’t going to vote for something that was weaker than what Maine has already had on the books. Actually, Maine Equality encouraged a ‘no’ vote on the legislation.”
Michaud said he was among the members of the LGBT Equality Caucus who participated in a January meeting first reported by the Washington Blade with Speaker John Boehner (R-Ohio) in which ENDA was a topic.
Although gay Rep. Mark Takano (D-Calif.) told the Blade that Boehner said there’s “no way,” ENDA would come up this session, Michaud offered a slightly different version of events that didn’t throw quite as much cold water on the legislation, saying a lame duck effort on the bill remains possible.
“He actually wanted some more information on it, and we’re going to get him the information,” Michaud said. “They might have already sent it over; I’m not sure yet. He said it was highly unlikely that it would happen before the election, so hopefully there is a leeway maybe after the election. Hopefully, we can take it up in the lame duck session.”
Joining other supporters of the bill who say ENDA has sufficient support to pass the Republican-controlled House, Michaud predicted the measure would pass on the floor — if only Republican leadership would allow the legislation to come up.
“When you look at the overwhelming support, I believe that they’ll get that from the Democratic caucus,” Michaud said. “We’ll definitely have Republican support. I feel comfortable in that regard. Clearly, the more advance notice, we can have on it, the more opportunities we’ll be able to convince our colleagues to support it.”
Michaud declined to comment further on the meeting because of its private nature other than to say Boehner was “very gracious to meet with us.” It was the first time Boehner met with the LGBT Equality Caucus. Michaud said that Boehner chose to meet with the caucus even before President Obama granted an audience with the lawmakers.
Meanwhile, the Maine Democrat is adding his voice to others calling on President Obama to take administrative action against LGBT workplace discrimination by signing an executive order.
“It starts that ball moving,” Michaud said. “Until we see what might happen on the House side, since the Senate already passed it. I think it’s a good step in the right direction because if we can’t get it done in Congress, at least by executive order we’ll have 20 to 25 percent of workers covered.”
Michaud said the LGBT Equality Caucus is working on gathering signatures for another letter to President Obama to encourage him to sign the executive order.
Torey Carter, chief operating officer of the Gay & Lesbian Victory Fund, said Michaud’s candidacy is significant.
“Mike Michaud is uniquely qualified to serve as the next governor of Maine,” Carter said. “He is a visionary leader that is a strong voice for fairness, freedom and equality for all Mainers. As a member of Congress, he has been an unwavering supporter of LGBT issues, and if elected he would become the nation’s first out LGBT governor.”
Federal Government
Inside the LGBTQ records of Todd Blanche and Markwayne Mullin
Two men are acting attorney general, DHS secretary
President Donald Trump became famous for his use of the phrase “You’re fired!” while hosting the reality TV show “The Apprentice” in the early 2000s. However, during his time in the Oval Office, he has attempted to distance himself from that image.
Despite those efforts, the phrase once again comes to mind as Trump has fired two high-level female Cabinet members within the past month: Pam Bondi and Kristi Noem.
Their replacements — Todd Blanche at the Justice Department and Markwayne Mullin at the Department of Homeland Security — bring records that, while different in depth, both reflect limited support for LGBTQ protections and, in some cases, direct opposition.
Todd Blanche
Acting attorney general
Little has been found regarding Todd Blanche’s LGBTQ history prior to his role as acting head of the Department of Justice. Unlike those who have worked within the Justice Department’s Civil Rights Division or served as state attorneys general, he has not developed a public-facing legal ideology on LGBTQ issues.
Blanche attended American University for his undergraduate studies — like fellow Trump attorney Michael Cohen — where he met his future wife, Kristin, who was studying at nearby Catholic University in D.C.
He began his legal career as an intern at the U.S. Attorney’s Office in Washington, which eventually became a full-time position. He later worked 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. He and his wife later married and had two children.
Blanche left the U.S. attorney’s office 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.
In his personal capacity, he represented several figures associated with Donald Trump and former New York City Mayor Rudy Giuliani, including Trump’s former campaign manager Paul Manafort, businessman Igor Fruman, and attorney Boris Epshteyn.
In 2024, Blanche switched from Democrat to Republican, aligning himself with Trump’s political orbit. He later 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 bisexual adult film star Stormy Daniels.
Now the highest-ranking official at the Justice Department, Blanche has played a central role in overseeing the department and has been involved in leadership decisions tied to several controversial actions affecting LGBTQ people.
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,” if legal action were taken against NYU Langone. The hospital had “permanently” ended a program earlier that month after the Trump-Vance administration threatened to pull all federal funding if it continued prescribing puberty blockers and hormones to minors.
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 said.
Blanche also echoed his predecessor’s public stance on limiting LGBTQ-related protections at the federal level, aligning with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessions in schools and limits lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.
Calling it “another great decision that came down today,” Blanche argued that the ruling “restores parents’ rights to decide their child’s education,” adding: “It seems like a basic idea, but it took the Supreme Court to set the record straight, and we thank them for that. And 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 is also described as having a “strong belief in executive authority.”
Markwayne Mullin
Secretary of Homeland Security
While Blanche’s record is defined more by recent actions than a long paper trail, Markwayne Mullin brings a more established history on LGBTQ issues from his time in Congress.
The head of the Department of Homeland Security has served in Congress since 2013, in both the U.S. House of Representatives and U.S. Senate. He has been actively engaged in shaping restrictions and aligns with broader cultural rhetoric that frames anti-LGBTQ speech as protected expression.
In May 2016, Mullin criticized the Department of Education and the Justice Department’s “Dear Colleague” letter on transgender students, arguing that trans girls should not use girls’ restrooms in public schools.
By January 2021, Mullin and then-Hawaii Congresswoman Tulsi Gabbard had introduced a bill to prevent trans women from participating in women’s sports.
Mullin was not recorded as voting on the final passage of the Respect for Marriage Act, which codified federal recognition of same-sex and interracial marriage.
In 2023, Mullin received a rating of just 6 percent from the Human Rights Campaign.
While serving in the Senate and as a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion in federal programs. He has participated in broader Republican efforts questioning equity-based implementation of the Older Americans Act, including guidance related to sexual orientation and gender identity in aging services, arguing such policies could have unintended consequences.
Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security.
He was among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the House on Jan. 6.
Noticias en Español
La X vuelve al tribunal
Primer Circuito examina caso del reconocimiento de personas no binarias en Puerto Rico
Hace ocho meses escribí sobre este tema cuando todavía no había llegado al nivel judicial en el que se encuentra hoy. En ese momento, la discusión se movía entre decisiones administrativas, debates públicos y resistencias políticas. No era un asunto cerrado, pero tampoco había alcanzado el punto actual.
Hoy el escenario es distinto.
La organización Lambda Legal compareció ante el Tribunal de Apelaciones del Primer Circuito en Boston para solicitar que se confirme una decisión que obliga al gobierno de Puerto Rico a emitir certificados de nacimiento que reflejen la identidad de las personas no binarias. La apelación se produce luego de que un tribunal de distrito concluyera que negar esa posibilidad constituye una violación a la Constitución de Estados Unidos.
Este elemento marca la diferencia. Ya no se trata de una discusión conceptual. Existe una determinación judicial que identificó un trato desigual.
El planteamiento de la parte demandante se sostiene en el propio marco legal vigente en Puerto Rico. Los certificados de nacimiento de identidad no son registros históricos inmutables. Son documentos utilizados para fines actuales y esenciales. Permiten acceder a empleo, educación y servicios, y son requeridos en múltiples gestiones ante el Estado. Su función es operativa.
En ese contexto, la exclusión de las personas no binarias no responde a una limitación jurídica. Puerto Rico permite la corrección de marcadores de género en certificados de nacimiento para personas trans binarias desde el caso Arroyo González v. Rosselló Nevares. Además, el Código Civil reconoce la existencia de certificados que reflejan la identidad de la persona más allá del registro original.
La diferencia radica en la aplicación.
El reconocimiento se concede dentro de categorías específicas, mientras que se excluye a quienes no se identifican dentro de ese esquema. Esa exclusión es el eje de la controversia actual.
El argumento presentado por Lambda Legal es preciso. Obligar a una persona a utilizar documentos que no reflejan su identidad implica someterla a una representación incorrecta en procesos fundamentales de la vida cotidiana. Esto puede generar dificultades prácticas, exposición innecesaria y situaciones de vulnerabilidad.
Las personas demandantes, nacidas en Puerto Rico, han planteado que el acceso a documentos precisos no es una cuestión simbólica, sino una necesidad básica para poder desenvolverse sin contradicciones impuestas por el propio Estado.
El hecho de que este caso se encuentre en el sistema federal introduce una dimensión adicional. No se trata de un proyecto legislativo ni de una política pública en discusión. Es una controversia constitucional. El análisis gira en torno a derechos y a la aplicación equitativa de las leyes.
Este proceso tampoco ocurre en aislamiento.
Se desarrolla en un contexto donde los debates sobre identidad y derechos han estado marcados por una mayor presencia de posturas conservadoras en la esfera pública, tanto en Estados Unidos como en Puerto Rico. En el ámbito local, esa influencia ha sido visible en discusiones legislativas recientes, donde argumentos de carácter religioso han comenzado a formar parte del debate sobre política pública. Esa intersección introduce tensiones en torno a la separación entre iglesia y Estado y tiene efectos concretos en el acceso a derechos.
Señalar este contexto no implica cuestionar la fe ni la práctica religiosa. Implica reconocer que, cuando determinados argumentos se trasladan al ejercicio del poder público, pueden incidir en decisiones que afectan a sectores específicos de la población.
Desde Puerto Rico, esta situación no se observa a distancia. Se experimenta en la práctica diaria. En la necesidad de presentar documentos que no corresponden con la identidad de quien los porta. En las implicaciones que esto tiene en espacios laborales, educativos y administrativos.
El avance de este caso abre una posibilidad de cambio en el marco legal aplicable. No porque resuelva de inmediato todas las tensiones en torno al tema, sino porque establece un punto de análisis jurídico sobre una práctica que hasta ahora ha operado bajo criterios restrictivos.
A diferencia de hace ocho meses, el escenario actual incluye una determinación judicial que ya identificó una violación de derechos. Lo que corresponde ahora es evaluar si esa determinación se sostiene en una instancia superior.
Ese proceso no define un resultado inmediato, pero sí establece un nuevo punto de referencia.
El debate ya no es teórico.
Ahora es judicial.
New York
Court orders Pride flag to return to Stonewall
Lambda Legal, Washington Litigation Group filed federal lawsuit
The Pride flag will once again fly over the Stonewall National Monument in New York following a court order requiring the National Park Service to raise it over the site.
The decision follows a lawsuit filed by Lambda Legal and the Washington Litigation Group in the U.S. District Court for the Southern District of New York, which challenged the removal as unconstitutional under the Administrative Procedure Act and argued that the government unlawfully targeted the LGBTQ community.
In February, the NPS removed the Pride flag from the Stonewall National Monument, the first national monument dedicated to LGBTQ rights and history in the U.S. The move followed a Jan. 21 memorandum issued by President Donald Trump-appointed NPS Director Jessica Bowron restricting which flags may be flown at national parks. The directive limited displays to official government flags, with narrow exceptions for those deemed to serve an “official purpose.”
Plaintiffs successfully argued that the Pride flag meets that standard, given Stonewall’s status as the birthplace of the modern LGBTQ rights movement. They also contended that the policy violated the APA by bypassing required public input and improperly applying agency rules.
The lawsuit named Interior Secretary Doug Burgum, Bowron, and Amy Sebring, superintendent of Manhattan sites for the NPS, as defendants. Plaintiffs included the Gilbert Baker Foundation, Village Preservation, Equality New York, and several individuals.
The court found that the memorandum — while allowing limited exceptions for historical context purposes — was applied unlawfully in this case. As part of the settlement, the NPS is required to rehang the Pride flag on the monument’s official flagpole within seven days, where it will remain permanently.
“The sudden, arbitrary, and capricious removal of the Pride flag from the Stonewall National Monument was yet another act by this administration to erase the LGBTQ+ community,” said Karen Loewy, co-counsel for plaintiffs and Lambda Legal’s Senior Counsel and Director of Constitutional Law Practice. “Today, the government has pledged to restore this important symbol back to where it belongs.”
“This is a complete victory for our clients and for the LGBTQ+ community,” said Alexander Kristofcak, lead counsel for plaintiffs and a lawyer with Washington Litigation Group. “The government has acknowledged what we argued from day one: the Pride flag belongs at Stonewall. The flag will be restored and it will fly officially and permanently. And we will remain vigilant to ensure that the government sticks to the deal.”
“Gilbert Baker created the Rainbow Pride flag as a symbol of hope and liberation,” said Charles Beal, president of the Gilbert Baker Foundation. “Today, that symbol is restored to the place where it belongs, standing watch over the birthplace of the modern LGBTQ+ rights movement.”
“The government tried to erase an important symbol of the LGBTQ+ community, and the community said no,” said Amanda Babine, executive director of Equality New York. “Today’s accomplishment proves that when we stand together and fight back, we win.”
“The removal of the Pride flag from Stonewall was an attempt to erase LGBTQ+ history and undermine the rule of law,” said Andrew Berman, executive director of Village Preservation. “This settlement restores both.”
With Loewy on the complaint are Douglas F. Curtis, Camilla B. Taylor, Omar Gonzalez-Pagan, Kenneth D. Upton Jr., Jennifer C. Pizer, and Nephetari Smith from Lambda Legal. With Kristofcak on the complaint are Mary L. Dohrmann, Sydney Foster, Kyle Freeny, James I. Pearce, and Nathaniel Zelinsky from Washington Litigation Group.
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