National
Clock is ticking for N.J. marriage bill
The only out lawmaker in the New Jersey Legislature said the state’s pending marriage legislation “could go either way” and cautioned against bringing the bill to a vote if supporters don’t think they have sufficient support.
Reed Gusciora, a gay Democrat and sponsor of the marriage bill in the Assembly, said in an interview with DC Agenda that prospects of passing the legislation dimmed after Gov. Jon Corzine (D) failed in his bid for re-election last month and following losses for same-sex marriage in Maine and New York.
“It could go either way,” he said. “A lot of legislators, unfortunately, are taking a second look at the issue. … There’s always an argument not to do it and to fall in line with these other states.”
Even so, Gusciora, who’s also deputy majority leader of the Assembly, said New Jersey has a chance of passing same-sex marriage because of the Garden State’s liberal leanings.
“It still has a shot because New Jersey, at the end of the day, is a fairly progressive state,” he said. “It’s just a matter of my colleagues voting for the bill, which otherwise they should have.”
Supporters of gay nuptials are under the gun to pass same-sex marriage. Corzine has said he’d sign marriage legislation if it reaches his desk, but his failure to win re-election means he’ll soon leave the governor’s mansion. On Jan. 19, his successor, Republican Chris Christie will take office, and he’s pledged to veto any same-sex marriage bill that passes the legislature.
On Monday, Christie reiterated his opposition to the marriage bill in response to criticism from rock star and New Jersey-native Bruce Springsteen, according to Newark’s Star-Ledger, although Christie’s opposition wasn’t as emphatic as it has been in the past.
“This is where the people of New Jersey obviously have differences of opinion,” Christie was quoted as saying. “There are lots of people who feel very strongly about same-sex marriage and believe it should be the law of the state, and there are lots of folks like me who believe that it shouldn’t.”
Steven Goldstein, chair of Garden State Equality, declined to describe his organization’s efforts to pass the marriage legislation in the weeks before Christie takes office, saying he didn’t want to tip off opponents to his activities.
“I can inform your audience, which is mostly outside of New Jersey, or I could do what we’re doing, which is continue to work hard to win marriage equality and keep our strategy close to the vest, and that’s what I prefer to do,” he said.
Still, he said he would agree with Gusciora’s assessment that the marriage bill “could go either way,” calling it “an innocuous enough statement.”
“That can be interpreted as anything, so why not agree?” he said.
Gusciora said he thinks the legislature will take up the marriage bill in January when lawmakers return from the holiday recess. He noted that he’s expecting the Assembly to consider the legislation first, followed by action in the Senate.
The State Senate Judiciary Committee last week approved the marriage legislation, 7-6. A Senate floor vote on the bill was initially scheduled for last week, but postponed after supporters said they wanted to wait until the Assembly had public hearings.
Mike BeLoreto, Gusciora’s chief of staff, said he thinks the bill has “a good chance” of passing the Assembly, but in the Senate the situation is “still very close to call.”
“We obviously have more Democratic votes in the Assembly than they do in the Senate, so it gives us a wider margin if some members need to jump off for their own political or personal reasons,” BeLoreto said.
As for the Senate, BeLoreto said a favorable vote in the Assembly “will end up spurring some progress on the Senate side.”
Democrats hold a majority in the State Senate, 23-17. Senate President Richard Codey has said the bill lacks unanimous support among the Democratic caucus and Republican votes are needed to pass the legislation.
Charles Moran, a Log Cabin Republicans spokesperson, said his organization isn’t formally lobbying for the marriage bill because his group doesn’t have a chapter in New Jersey.
Nonetheless, he said he plans to send out an action alert to his group’s members in the state to encourage them to lobby their officials.
“We’re going to start sending out some blasts to all our internal lists of Republicans and say, ‘Contact these state senators and identify yourself as a Republican in support marriage equality,’” he said.
Moran said his group has identified five Senate Republicans that could vote to pass the bill. One is Bill Baroni, the Republican Judiciary Committee member who voted in favor of the legislation, and another is Jennifer Beck, who voted against the legislation in committee but said she’d consider voting for it on the Senate floor.
Gusciora said the bill should be enacted into law as a matter of fairness.
“We recognize Newt Gingrich’s three wives, Rudy Giuliani’s three wives and Britney Spears’ 72 hours of nuptials — and there are plenty of same-sex couples that have been together a lot longer,” Gusciora said. “They pay taxes like everyone else, they raise families, they’re allowed to adopt in this state, so it’s a matter of fairness.”
Still, Gusciora urged advocates not to hold a vote on the bill if support is uncertain.
The wide margin of failure of the marriage bill in the New York State Senate earlier this month, 24-38, spurred some people to question why a vote was taken if there wasn’t an assurance of greater support.
“I’m not into taking names,” Gusciora said. “We already know who’s against it, so I don’t think we have to take the vote. The other thing is that if there isn’t a vote, there’s always an opportunity to revisit the issue, so I would rather us not take the vote.”
Gusciora said the New Jersey state courts could take up the matter should lawmakers fail to act. While no marriage litigation is pending in New Jersey, Gusciora noted that someone could bring the issue before judges.
In 2006, the New Jersey Supreme Court ruled that the legislature needed to create some form of relationship recognition for same-sex couples in New Jersey. In response, civil unions were enacted.
“[You] wouldn’t want conservatives to get to say, ‘You had your shot in the legislature, so why are you taking it to the courts?’” Gusciora said. “The court can always revisit the issue and say, ‘You didn’t go far enough — it should indeed be called marriage.’”
But if lawmakers fail to approve the marriage legislation before Jan. 19, Gusciora said it would be “unlikely” that same-sex marriage will happen in New Jersey legislatively before Christie leaves office.
“He said that he would veto the bill if it ever came to his desk, so it’s unlikely in the four or eight years he’ll be governor that he would sign it,” he said. “Things always change with everybody, but he was pretty emphatic.”
Goldstein said he didn’t want to comment on whether the marriage bill could pass during the Christie administration if lawmakers in the upcoming weeks don’t approve the legislation.
“We’re working day and night to pass marriage equality while Jon Corzine is governor,” Goldstein said.
State Department
Transgender, nonbinary people file lawsuit against passport executive order
State Department banned from issuing passports with ‘X’ gender markers

Seven transgender and nonbinary people on Feb. 7 filed a federal lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.
Ashton Orr, Zaya Perysian, Sawyer Soe, Chastain Anderson, Drew Hall, Bella Boe, and Reid Solomon-Lane are the plaintiffs in the class action lawsuit the American Civil Liberties Union, the ACLU of Massachusetts, and the private law firm Covington & Burling LPP filed in U.S. District Court for the District of Massachusetts. The lawsuit names Trump and Secretary of State Marco Rubio as defendants.
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
The State Department policy took effect on April 11, 2022.
Trump signed the executive order that overturned it shortly after he took office on Jan. 20. Rubio later directed State Department personnel to “suspend any application requesting an ‘X’ sex marker and do not take any further action pending additional guidance from the department.”
“This guidance applies to all applications currently in progress and any future applications,” reads Rubio’s memo. “Guidance on existing passports containing an ‘X’ sex marker will come via other channels.”
The lawsuit says Trump’s executive order is an “abrupt, discriminatory, and dangerous reversal of settled United States passport policy.” It also concludes the new policy is “unlawful and unconstitutional.”
“It discriminates against individuals based on their sex and, as to some, their transgender status,” reads the lawsuit. “It is motivated by impermissible animus. It cannot be justified under any level of judicial scrutiny, and it wrongly seeks to erase the reality that transgender, intersex, and nonbinary people exist today as they always have.”
Solomon-Lane, who lives in North Adams, Mass., with his spouse and their three children, in an ACLU press release says he has “lived virtually my entire adult life as a man” and “everyone in my personal and professional life knows me as a man, and any stranger on the street who encountered me would view me as a man.”
“I thought that 18 years after transitioning, I would be able to live my life in safety and ease,” he said. “Now, as a married father of three, Trump’s executive order and the ensuing passport policy have threatened that life of safety and ease.”
“If my passport were to reflect a sex designation that is inconsistent with who I am, I would be forcibly outed every time I used my passport for travel or identification, causing potential risk to my safety and my family’s safety,” added Solomon-Lane.
Federal Government
Education Department moves to end support for trans students
Mental health services among programs that are in jeopardy

An email sent to employees at the U.S. Department of Education on Friday explains that “programs, contracts, policies, outward-facing media, regulations, and internal practices” will be reviewed and cut in cases where they “fail to affirm the reality of biological sex.”
The move, which is of a piece with President Donald Trump’s executive orders restricting transgender rights, jeopardizes the future of initiatives at the agency like mental health services and support for students experiencing homelessness.
Along with external-facing work at the agency, the directive targets employee programs such as those administered by LGBTQ resource groups, in keeping with the Trump-Vance administration’s rollback of diversity, equity, and inclusion within the federal government.
In recent weeks, federal agencies had begun changing their documents, policies, and websites for purposes of compliance with the new administration’s first executive action targeting the trans community, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
For instance, the Education Department had removed a webpage offering tips for schools to better support homeless LGBTQ youth, noted ProPublica, which broke the news of the “sweeping” changes announced in the email to DOE staff.
According to the news service, the directive further explains the administration’s position that “The deliberate subjugation of women and girls by means of gender ideology — whether in intimate spaces, weaponized language, or American classrooms — negated the civil rights of biological females and fostered distrust of our federal institutions.”
A U.S. Senate committee hearing will be held Thursday for Linda McMahon, Trump’s nominee for education secretary, who has been criticized by LGBTQ advocacy groups. GLAAD, for instance, notes that she helped to launch and currently chairs the board of a conservative think tank that “has campaigned against policies that support transgender rights in education.”
NBC News reported on Tuesday that Trump planned to issue an executive order this week to abolish the Education Department altogether.
While the president and his conservative allies in and outside the administration have repeatedly expressed plans to disband the agency, doing so would require approval from Congress.
State Department
Protesters demand US fully restore PEPFAR funding
Activists blocked intersection outside State Department on Thursday

Dozens of HIV/AIDS activists on Thursday protested outside the State Department and demanded U.S. officials fully restore President’s Emergency Plan for AIDS Relief funding.
The activists — members of Housing Works, Health GAP, and the Treatment Action Group — blocked an intersection for an hour. Health GAP Executive Director Asia Russell told the Washington Blade that police did not make any arrests.
Secretary of State Marco Rubio on Jan. 24 directed State Department personnel to stop nearly all U.S. foreign aid spending for 90 days in response to an executive order that President Donald Trump signed after his inauguration. Rubio later issued a waiver that allows PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the freeze.
The Blade on Wednesday reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding.
“PEPFAR is a program that has saved 26 million lives and changed the trajectory of the global HIV/AIDS epidemic,” said Housing Works CEO Charles King in a press release. “The recent freeze on its funding is not just a bureaucratic decision; it is a death sentence for millions who rely on these life-saving treatments. We cannot allow decades of progress to be undone. The U.S. must immediately reaffirm its commitment to global health and human dignity by restoring PEPFAR funding.”
“We demand Secretary Rubio immediately reverse his deadly, illegal stop-work order, which has already disrupted life-saving HIV services worldwide,” added Russell. “Any waiver process is too little, too late.”
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