National
Marriage was the story of the year in 2009
Supporters of LGBT rights faced many ups and downs in 2009, but no issue proved as tumultuous or gained as much attention as the ongoing fight over marriage rights.
Alternating between legislative defeats in Maine and New York and victories in four states and Washington, D.C., the issue figured prominently into the national discourse. The momentum behind efforts to extend marriage rights to same-sex couples last year was unprecedented and often gave gay rights activists reason to celebrate.
Evan Wolfson, executive director of Freedom to Marry, called the advancement of same-sex marriage in 2009 a “capstone to a decade of extraordinary progress.”
“At the end of the decade,” he said, “[we have] five states plus the District of Columbia having the freedom to marry, others shimmering within reach and well more than a third of Americans living in a place where same-sex couples have at least some measure of statewide recognition and protection.”
M.V. Lee Badgett, a lesbian economics professor at the University of Massachusetts, Amherst, said the advancement of same-sex marriage is striking particularly in states that already allowed relationship recognition.
“I think the main thing that we learned is that states are ready to legalize same-sex marriage and it happened in several places that have civil unions or domestic partnerships,” she said. “Legislators realized, [at] the request of their constituents, that those statuses were not the same.”
Joining Massachusetts and Connecticut this year in legalizing same-sex marriage were four states — Iowa, Vermont, Maine and New Hampshire — as well as D.C. The victory in Maine was short-lived, though, as voters there overturned the decision in November through a “people’s veto” at the ballot box.
Social conservatives highlighted the loss of same-sex marriage in Maine — in addition to the failure of the New York State Senate to pass marriage legislation in December — as evidence of resistance to granting marriage rights to gay and lesbian couples throughout the country.
Jenny Tyree, marriage analyst for Focus on the Family Action, said the repeal of the marriage law in Maine “further clarified” that “the majority of Americans support the ‘one-man, one-woman’ definition of marriage.”
“There were judicial and legislative decisions that redefined marriage in a handful of states and in the District,” she said. “That was disheartening, but ultimately, we’re pleased that Maine affirmed the decision of voters in 30 other states who say they did not want marriage to be redefined.”
But Wolfson cautioned against reading too much into Maine voters’ decision to overturn the marriage law, arguing that “we’ve been there before and when we stuck with it, we went on to win.”
“Let’s remember that in 1998, the Maine Legislature passed a non-discrimination law, and that was overturned by the voters, too,” he said. “And then we passed it again in the legislature in 2000, and it was overturned again. And then we passed it a third time in 2005, and only then were we able to sustain it at the ballot.”
Wolfson said continuing the conversations about why marriage rights are important for same-sex couples will protect those rights in the future when they’re challenged.
“Maine also showed that we have to push forward just a notch beyond where we are and bring over another small slice of people who have not yet seen the visibility of gay families,” he said. “If we had had those conversations, and that greater bit of visibility with just 16,000 more people, we would have held the freedom to marry in Maine.”
In addition to the advancement of same-sex marriage rights, 2009 also saw greater support for gay nuptials among the electorate, according to recent polls.
One noteworthy poll from April published by Washington Post-ABC News found, for the first time, a plurality of Americans in favor of same-sex marriage. Among those polled, 49 percent said they favored marriage rights for same-sex couples, while 46 percent said they should be illegal.
Badgett said recent polling shows that while same-sex marriage still doesn’t enjoy support from a majority of Americans, attitudes are changing.
“There’s not yet a majority, but there is increasing support,” she said. “And I think it’s quite possible that people that will change their minds over time.”
But Tyree discounted the recent polling data, and said the numbers don’t reflect what happens when same-sex marriage is brought to the voters in individual states.
“It seems like when they really have a chance to think about it, they decided to continue to define it between one man and one woman,” she said. “Yes, the national polling has some merit, but it doesn’t seem to have been any real predictive factor at the state level.”
Polls also continue to show strong support for same-sex marriage among young people. The Washington Post-ABC News poll, for example, found that among responders under the age of 35, two-thirds supported same-sex marriage.
But despite that level of support, Tyree said the position of young people on same-sex marriage is “really still in play.”
“I think that the jury is still out on what they will decide as they start families and become more aware of what’s at stake with the push for redefining marriage,” she said. “Nothing is inevitable, and I think that that is true of how they currently feel about redefining marriage.”
Wolfson said the support for same-sex marriage among young people shows the battle can be won, but at the same time “doesn’t make the battle self-winning.”
“We have to mobilize those young people; we have to engage them,” he said. “There is no marriage without engagement, and there is no way to secure social justice without doing the work.”
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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