National
Gay lawmakers back Pelosi’s leadership bid
But some advocates unhappy with decision to pursue post
U.S. House Speaker Nancy Pelosi’s (D-Calif.) decision to pursue a bid as minority leader in the upcoming Congress is being met with unanimous support among the openly gay members of Congress as some LGBT advocates expressed regret that more pro-gay legislation didn’t pass during her tenure as presiding officer.
After Pelosi announced her decision to run for House minority leader last week, openly gay members of Congress declared their support for her decision and praised her work representing San Francisco in Congress for 23 years and her work in the last four years as speaker.
Rep. Tammy Baldwin (D-Wis.), the only out lesbian in Congress, said in a statement to the Blade that she’s among those endorsing Pelosi in her decision to become Democratic leader in the next Congress.
“I remain loyal to Nancy Pelosi,” Baldwin said. “In the last two years, she accomplished things that we’ve been trying to do for decades. Without her unique leadership passing health care reform, [the stimulus package], higher education reform, Wall Street reform, the Matthew Shepard Hate Crimes Act, and the House-passed Energy and Climate Change bill would never have happened.”
In an interview with the Washington Blade on Monday, Rep. Barney Frank (D-Mass.), the longest-serving openly gay member of Congress, also said he backs Pelosi’s decision to stay on as Democratic leader. He’s often spoken highly of her commitment to LGBT issues.
“I’m supporting her; I think she’ll win,” Frank told the Blade.
Also among those expressing support for Pelosi’s continued leadership is Rep. Jared Polis (D-Colo.), a gay lawmaker who last week issued a statement praising Pelosi’s decision and her support for the LGBT community.
“I strongly support the speaker and her decision to run for Democratic leader,” Polis said. “She has been a longstanding and ardent supporter of the LGBT community and I will do anything to help continue her leadership. The speaker has led the Democrats out of the wilderness before and I am confident she can do it again.”
David Cicilline, the Rhode Island politician who last week was elected to become the fourth openly gay member of Congress, also endorses Pelosi’s move. Richard Luchette, a spokesperson for Cicilline, said the congressman-elect “will be supporting Nancy Pelosi for minority leader.”
During the course of her tenure as speaker since 2007, Pelosi has pushed through a number of pro-LGBT bills through the U.S. House. The chamber passed hate crimes protections legislation in 2007 and again in 2009.
Pelosi also mustered enough votes in 2007 to pass through the House a version of the Employment Non-Discrimination Act that later died. This year, a measure that would lead to “Don’t Ask, Don’t Tell” repeal passed the House by a 40-vote majority.
The health care reform legislation that Pelosi dragged to the finish line earlier this year increases access to Medicaid for people with HIV and improves Medicare Part D by closing the “donut-hole” for people participating in AIDS Drug Assistance Programs. Additionally, the law prohibits insurance companies from discriminating based on pre-existing conditions, such as HIV status.
But despite Pelosi’s success in the House with pro-LGBT legislation, only hate crimes legislation also successfully passed through the Senate during her time as speaker. Additionally, Pelosi has endured criticism for not moving forward with a trans-inclusive ENDA during the 111th Congress.
Drew Hammill, who’s gay and a Pelosi spokesperson, said the California lawmaker has been “a staunch advocate” for LGBT people during her more than 20 year in Congress. Among the positions she’s taken that he cited are leading the fight against HIV/AIDS, opposing a U.S. constitutional amendment banning same-sex marriage and speaking out against Proposition 8 in California.
“Nancy Pelosi will continue to be a friend, advocate and staunch ally to the community and the leading voice in the Congress for LGBT equality,” Hammill said.
House Democrats will vote at the start of the lame duck session next week on who will become minority leader in the 112th Congress as well as which members will assume other positions in Democratic leadership. As of Blade deadline, no other House member has challenged Pelosi in her bid to become Democratic leader.
The more contentious battle will likely be over who will take the No. 2 position in the Democratic caucus. Both current House Majority Leader Steny Hoyer (D-Md.) and House Majority Whip Jim Clyburn (D-S.C.) are vying to become House minority whip. Hoyer is expected to have the backing of more moderate members of Congress, while Clyburn will likely have support from progressives as well as the Congressional Black Caucus and the Congressional Hispanic Caucus.
Although Pelosi thus far is running unopposed as minority leader, the speaker’s decision to continue to lead the House Democratic caucus has irked some conservative Blue Dogs who distanced themselves from the speaker during the campaign and barely survived the Republican onslaught on Election Day.
Among the U.S. House members who’ve publicly said they wouldn’t vote for Pelosi as minority leader are Reps. Larry Kissell (D-N.C.), Jim Matheson (D-Utah), Health Shuler (D-N.C.) and Dan Boren (D-Okla.).
Eager to tie Democrats to Pelosi again in the 2012 election, the Republican National Committee last week draped a red banner across the front of its headquarters reading, “Hire Pelosi.” Prior to Election Day, as Republican candidates hammered House Democrats belonging to the caucus that voted Pelosi into power, a similar banner hung on the face of the building reading, “Fire Pelosi.”
One Democratic lobbyist, who spoke to the Blade on the condition of anonymity, expressed disappointment with Pelosi’s decision to stay on as minority leader and said the move doesn’t bode well for Democrats.
The lobbyist noted that fewer Democrats will be in the House next year than the number that were present in the minority prior to Pelosi’s ascension to speaker in 2006.
“Her polarizing history as leader will severely hamper Democratic recruitment efforts in the districts we just lost; couple that with what will almost certainly be additional Democratic losses after redistricting next year and it makes Democrats’ road to reclaiming the House — and her speakership — nearly impossible in the foreseeable future,” the lobbyist said.
Among LGBT rights supporters, Pelosi’s decision to continue as Democratic leader in the 112th Congress is inspiring mixed reactions. Some commend her for pushing through pro-gay bills while others said she could have done more.
Fred Sainz, the Human Rights Campaign’s vice president of communications, said the decision on whether Pelosi would be able to stay on as minority leader is up to the Democratic caucus and “not any one group.” Still, he praised the Democratic lawmaker for her support for the LGBT community.
“Speaker Pelosi has been a consistent ally and advocate not just for LGBT people but for all fair-minded Americans throughout her congressional career,” Sainz said. “She has vigorously supported full and equal rights for LGBT people long before it was politically acceptable to do so.”
But John Aravosis, the gay editor of AMERICAblog, said Pelosi is responsible in part for the lack of progress on pro-LGBT legislation during the first two years of President Obama’s administration. Still, while he said he’s not completely satisfied with Pelosi, Aravosis said other LGBT advocates in power deserve worse job evaluations.
“All of our leaders let us down: HRC, Barack Obama, Harry Reid and Nancy Pelosi,” Aravosis said. “Having said that, Nancy Pelosi strikes me as the least culpable of the four. I’m not happy that she wasn’t able to even get ENDA through committee, but I’m a lot less happy at the moment with HRC, President Obama and Harry Reid. Pelosi at least came through for us part-way, the others have been MIA the last two years.”
GetEQUAL, the LGBT organization responsible for civil disobedience acts across the country, is calling on Pelosi to make public a plan for moving forward with LGBT legislation to win the group’s endorsement in her bid to become minority leader. The organization has protested the speaker both on Capitol Hill and in her home district of San Francisco for not moving forward with ENDA in the 111th Congress.
Heather Cronk, managing director for GetEQUAL, maintained her organization is “interested in full equality for all LGBT Americans” and “happy to endorse” any member of Congress that can “commit to carrying the mantle of full federal LGBT equality.”
“While GetEQUAL has protested Rep. Pelosi throughout 2010 to hold her accountable to her promises to the LGBT community, we’d be happy to endorse her if we see a concrete and realistic plan for moving pro-equality legislation through the House,” Cronk said. “We would also be happy to endorse any other representative who can offer such a plan. We’re seeking bold action for equality — and we’re far more interested in that end than in the political horse race that started the day after Election Day.”
Federal Government
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.
