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‘New Yorkers have been betrayed’

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The defeat of same-sex marriage legislation in the New York State Senate last week was a devastating blow to gay rights supporters, leaving many to wonder how the bill could fail after its advocates had expressed confidence in the measure’s passage.

The New York State Senate on Dec. 2 voted 24-38 against the legalization of same-sex marriage, a lopsided margin that raised questions for those who were watching the bill’s progress.

State Sen. Tom Duane, who’s gay, was the prime sponsor of the Senate marriage legislation. He had media outlets he was “optimistic” about the proposal’s chances before senators killed the bill.

Duane, who didn’t respond to DC Agenda’s request for an interview, issued a statement saying he felt “betrayed” following the vote.

“Promises made were not honored,” he said. “The lesbian, gay, bisexual and transgender (LGBT) community, and all fair-minded New Yorkers have been betrayed. I am enraged, deeply disappointed and profoundly saddened by the vote today.”

Groups advocating for passage of the marriage bill included Empire State Pride Agenda and Gill Action Fund. Those organizations didn’t respond to DC Agenda’s request for comment.

Dan Pinello, a gay government professor at the City University of New York, said the Senate was unable to pass the marriage bill because the Democratic Party, which narrowly controls the Senate, 32-30, is “in disarray, basically — not only on this particular policy issue, but more generally.”

“There are a number of factions within the Democratic caucus in the Senate that makes cohesiveness in that caucus extremely difficult, unlike the Republican caucus, which is much more united in its position,” he said. “I think the vote [Dec. 2] reflected that.”

Marty Rouse, the Human Rights Campaign’s national field director, also said he thinks the marriage bill failed because of the politically tenuous situation in the Senate. He noted that Democrats briefly lost control of the chamber in a coup earlier this year before regaining leadership.

“It’s difficult to pass legislation when you have a change in Senate leadership, a new and tenuous Senate majority,” he said. “There is a lot of politics in play in passing any sort of legislation.”

Rouse said the marriage bill failed not because of the merits of the legislation, but because of political issues in the Senate.

“This has much more to do about politics and very little, if anything, to do about the merits of the marriage bill itself,” he said.

The legislation failed in the Senate even though the bill had strong support in the Assembly, which approved the measure for a third time Dec. 2, 88-51. Gov. David Paterson (D) also was a strong advocate for the marriage bill.

Pinello said the legislation failed in the Senate — but passed in the Assembly — because senators “are out of touch with their constituents.”

He said polling data shows a majority of Long Island residents favor same-sex marriage and noted that three-quarters of that region’s Senate delegation voted against the marriage bill.

Eight Democratic senators voted against the marriage bill Wednesday. All Republican senators voted against it.

Jeff Cook, a legislative adviser for the Log Cabin Republicans who had lobbied GOP lawmakers on the bill, said there was no Republican backing because the dissent among Democrats meant GOP support wouldn’t have made a difference.

Before the vote, Cook had said he was expecting Republican votes in favor of the legislation.

“Sadly, we didn’t lose on the merits, but we lost because of politicians’ lack of political courage to do the right thing,” he said. “Seeing insufficient support on the Democratic side, key Republicans communicated that they were unwilling to follow their conscience and take a tough political vote if they couldn’t make the difference on a losing bill.”

Pinello said Republican Assembly member Dede Scozzafava’s recent failed bid for Congress also had an effect on GOP senators. Scozzafava, who has voted in favor of same-sex marriage three times, ran for Congress in a special election this year, but withdrew her candidacy after a third-party conservative candidate challenged her because of her position on marriage, among other issues.

“I think there was some fallout as a result of that on the Senate Republican side,” Pinello said. “I can’t believe that the Republican caucus is so uniformly opposed to marriage equality that not even one or more would have favored it.”

Although the bill was voted down, Pinello said having the vote last week was appropriate because “to keep putting it off is just unacceptable as a political matter.”

“So, now that their votes are recorded, activists can try to target those people — especially in the Democratic Party, but also Republicans — who voted against marriage equality, in next year’s legislative election cycle,” he said.

Asked whether the bill should have come to the floor, Rouse replied, “I’m not going to second guess the decisions that were made.”

But the failed attempt means supporters of same-sex marriage will have to wait before marriage rights for gay couples become available in New York.

Rouse said there is no reason why supporters shouldn’t work to bring the bill up again in the “very near future,” and said it’s possible for Senate leadership to find a way to have another vote within a few weeks.

Another 14 months would be the longest it would take to bring the marriage bill to the floor of the Senate again, Rouse said.

“If we have to have this bill come up after the elections, clearly the 2010 election and who’s running again for office … all of that will be important,” he said. “Supporters of marriage equality and opponents of marriage equality will be focusing like a laser beam on the primary and general elections in 2010.”

Pinello, however, said that 2013 might be a more realistic time for same-sex marriage to pass in New York.

He said after Senate districts are redrawn following the 2010 Census, there would be an opportunity to elect more supporters of same-sex marriage to the Senate in the 2012 elections.

With Democrats in control of both chambers of the New York Legislature, Senate districts could be redrawn in ways that are more favorable to Democrats, meaning more supporters of gay nuptials could be elected to the Senate in 2012 to take office in 2013 and vote for marriage legislation.

“I think it’s possible that there won’t be a favorable vote in the New York State Senate until 2013 on the issue of marriage equality — four years from now,” he said.

Still, Rouse said he was optimistic and he didn’t think there’s “anyone involved in politics in New York State that doesn’t think there is … support for this bill becoming law in the near future.”

He noted that State Sen. Ruben Diaz Sr. was the only lawmaker to speak out against the marriage bill on the Senate floor and no Republicans voiced opposition during debate.

“That tells me there is support for this bill waiting for the right time for this bill to come up,” he said. “And so, for me, it’s not a matter of if this is going to become law, it’s a matter of when this bill is going to become law, and for various reasons, unfortunately, early this week was not the right time.”

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The White House

Trump tells Fox News he won the ‘gay vote’ — but polls tell a different story

Trump falsely claims LGBTQ support on Fox despite polling showing overwhelming opposition.

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President Donald Trump at the State of the Union in February 2025. (Washington Blade photo by Michael Key)

President Donald Trump claimed he won the “gay vote” in 2024, despite evidence showing otherwise.

While appearing by phone on Fox News’s panel show “The Five” on Thursday, Trump falsely claimed he performed particularly well among gay voters while discussing the ongoing war in Iran — a conflict he initiated without formal congressional approval.

“Now I think I did very well with the gay vote, OK? I even played the gay national anthem as my walk-off, OK?” Trump said on air.

“And I think it probably helped me. But I did great. No Republican’s ever gotten the gay vote like I did and I’m very proud of it, I think it’s great. Perhaps it’s because I’m from New York City, I don’t know…”

His claim contradicts 2024 polling from NBC News, which found that the GOP presidential ticket captured fewer than 1 in 5 LGBTQ male voters — a figure that may also include bisexual and transgender men. Trump’s support among LGBTQ female voters was even lower, at just 8%.

White LGBTQ voters favored Vice President Kamala Harris over Trump by a margin of 82% to 16%, while LGBTQ voters of color backed Harris by an even wider 91% to 5%.

Trump also used the appearance to criticize “Gays for Palestine,” saying: “Look at ‘Gays for Palestine’… they kill gays, they kill them instantly, they throw them off buildings, and I’m saying, ‘Who are the gays for Palestine?’”

He further pointed to his campaign’s use of the song “Y.M.C.A.” by the Village People — which he has repeatedly described as a “gay national anthem” — noting that it was frequently used as a walk-off song at rallies, as an indication that he and his campaign were supported by the gay community. The track, long associated with camp and hyper-masculine gay imagery, became a staple of Trump campaign events.

The Village People were later booked to perform at Turning Point USA’s inaugural ball celebrating Trump’s second inauguration. Lead singer Victor Willis previously criticized Trump’s use of the song dating back to 2020 and considered legal action to block it, but ultimately said there was “not much he can do about it.” He later acknowledged the renewed exposure was “beneficial” and “good for business,” boosting the song’s popularity and chart performance.

Despite Trump’s claims of strong support from gay voters, polling has consistently shown otherwise — even as several prominent gay men have held roles in or around his orbit, sometimes dubbed the “A-gays.” These include Richard Grenell, former executive director of the Kennedy Center and Special Presidential Envoy for Special Missions; Treasury Secretary Scott Bessent; Under Secretary of State Jacob Helberg; Department of Energy official Charles T. Moran; and longtime supporter Peter Thiel, co-founder and CEO of Palantir.

His efforts to portray himself as aligned with the gay community stand in conflict with policies advanced under his leadership. These include removing LGBTQ-related data from State Department reports, attempting to narrowly redefine gender identity in federal policy, restricting access to gender-affirming health care, and rolling back anti-discrimination protections. His administration also rescinded initiatives focused on LGBTQ health equity, data collection, and nondiscrimination in health care and education — moves advocates say contribute to stigma and worsen mental health outcomes.

Additionally, some HIV programs and community health centers have lost funding from the federal government after supporting initiatives inclusive of transgender people as a direct result of Trump-Vance policies.

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National

Anti-trans visa ruling echoes Nazi regime destroying trans documents

Trump administration escalates attacks on queer community

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The Trump administration has moved from identifying trans people as as threat to the family to claiming that trans people are a threat to the spiritual health of the nation. (Washington Blade photo by Michael Key)

The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”

The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.” 

This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.

As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.” 

Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation. 

By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents. 

With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”

This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions. 

While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933. 

In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare. 

Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people. 

The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.

The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.” 

As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.” 

In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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