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Baldwin sees hope in 112th Congress

LGBT Equality Caucus meeting set for March 16

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Rep. Tammy Baldwin (D-Wisc.) (Blade photo by Michael Key)

Rep. Tammy Baldwin (D-Wisc.) maintained this week that pro-LGBT legislation could see progress in the Democratic-controlled Senate during the 112th Congress as prospects of movement are unlikely in the Republican-controlled House.

In an interview with the Washington Blade, the only out lesbian in Congress said she sees room for progress on pro-LGBT bills in the Senate, where Democrats retained control following the mid-term elections.

“There’s still a prospect with a Democratically controlled Senate that bills could progress through committee and maybe even come to the floor, depending on the circumstances,” Baldwin said.

Baldwin said determining which pro-LGBT legislation would have a shot of passing the Senate is hard to say, but cited one bill that she previously sponsored that would extend health and pension benefits to partners of LGBT federal employees.

“I think the Domestic Partnerships Benefits [& Obligations Act] could be one that might advance,” Baldwin said. “Obviously, they still have their 60-vote rule for advancing certain measures to the floor. But could something come up as an amendment to a bill that’s very likely to pass? Well, that remains to be seen.”

While Baldwin said the Senate could lead the way for pro-LGBT legislation in the 112th Congress, she said lawmakers who would introduce the bills have yet to determine the schedule for doing so.

“We’re having some initial discussions about timing, but as the bills have different co-sponsors, I think that different folks have their own timeline,” she said.

Even for her own Domestic Partnership Benefits & Obligations Act, Baldwin said the timing for introduction of her bill remains uncertain as House and Senate sponsors work on hammering out identical legislation.

“We just want to make sure that we’re on the same page with the Senate sponsors and introduce the bill in the same [form],” Baldwin said.

Baldwin also commended President Obama for his recent declaration that the Defense of Marriage Act is unconstitutional and his decision to no longer defend the statute in court.

The Wisconsin lawmaker called the move a significant step toward DOMA’s “ultimate demise” and said it would bolster efforts to legislatively repeal the law. Rep. Jerrold Nadler (D-N.Y.) and Sen. Dianne Feinstein (D-Calif.) have announced they plan to introduce repeal legislation in the 112th Congress.

“In terms of the advancement of Congressman Nadler’s bill on repealing the Defense of Marriage Act, I expect that the president’s announcement and the administration’s decision will give it a boost and renewed attention,” Baldwin said. “Obviously, we should be working to repeal statutory measures that aren’t constitutional. I’m hoping that that will enable us to gather more co-sponsors than we’ve had in the past, and to draw attention to the topic of why it’s so necessary that we repeal this.”

Still, Baldwin expressed skepticism about the prospects of advancing DOMA repeal legislation to passage in the Republican-controlled House. Speaker John Boehner (R-Ohio) has convened a panel to direct House counsel to defend DOMA in court now that the Obama administration is no longer willing to defend it.

Despite Republican control of the House, Baldwin expressed continued optimism about the strength of the LGBT Equality Caucus, which she co-chairs along with the other three openly gay members of Congress, and said the group is only three lawmakers short of the membership it had in the 111th Congress before Democrats lost 63 seats in the chamber.

“That’s encouraging,” she said. “Even though we had these sweeping changes in House membership, we still have a very rock-solid core of people who are supporting equality.”

Baldwin said she expects the LGBT Equality Caucus to hold public events during the 112th Congress to highlight pro-LGBT legislation and discuss the members’ commitment to passing the bills.

One such meeting is already scheduled for March 16, when the caucus will host its first business meeting to honor its new chairs and vice chairs. Baldwin said the meeting will be open to the public.

Rep. Ileana Ros-Lehtinen (R-Fla.) — known as perhaps the most pro-LGBT House Republican — is the only GOP member of the LGBT Equality Caucus, but Baldwin said she’s courting other Republicans to sign on to the group now that they have control of the House.

“I’ve made it a personal goal during the next Congress to try to enroll a greater number of Republicans to our ranks,” Baldwin said. “We certainly know that there are some in the Republican caucus who do not wish it to remain the party of discrimination and hope that LGBT equality can become a bipartisan issue in the future.”

Among the GOP lawmakers that Baldwin said she may solicit to join the LGBT Equality Caucus is Rep. Judy Biggert (R-Ill.), who voted for an amendment to repeal “Don’t Ask, Don’t Tell” in May even before the Pentagon report was released.

Also on Baldwin’s list is Rep. Mary Bono Mack (R-Calif.), who has cast votes for hate crimes protection legislation, a version of the Employment Non-Discrimination Act and repeal of “Don’t Ask, Don’t Tell” as well as votes against a U.S. constitutional amendment banning same-sex marriage.

Although Baldwin said she believes the prospects for sending legislation to President Obama’s desk are slim, she said she expects all 33 bills identified as pro-LGBT legislation from the previous Congress to make an appearance again.

“I certainly anticipate that all of the pro-LGBT equality legislation that was introduced in the last Congress will be reintroduced in this Congress with a focus on those bills to educate our colleagues and to enlist larger numbers of supporters for that legislation even if we anticipate that the Republican leadership will not allow those bills to advance,” Baldwin said.

Baldwin also said omnibus legislation that would encompass all the pro-LGBT measures from the previous Congress into one bill could be a way to highlight their importance. Rep. David Cicilline (D-R.I.), the newest openly gay member of Congress, has said he wants to explore the possibility of introducing such legislation.

“I think that pointing out that discrimination still exists in many different arenas is a powerful and important point to keep on raising, and you can do so with legislation, you can do so with other means,” Baldwin said.

Still, Baldwin said she expects members of Congress who introduced the individual pro-LGBT bills to want to introduce them again and said omnibus legislation would work to complement those efforts.

“Any such omnibus bill would be in addition to a complement to the wonderful legislation that so many pro-equality colleagues have introduced,” Baldwin said.

Of all the pro-LGBT legislation that would be introduced in the 112th Congress, Baldwin expressed the greatest optimism about legislation that would eliminate the federal tax on employer-provided health benefits for same-sex partners. In the previous Congress, the legislation was known as the Tax Equity for Health Plan Beneficiaries Act.

Baldwin said work that gay GOP groups are doing to promote the legislation may give the bill “a slim chance.”

“I have been pleased to see both GOProud and Log Cabin Republicans make these tax equity issues a high priority,” Baldwin said. “Obviously, those organizations have some influence that we only hope increases over time. But, I think, probably if there were one legislative issue that there were rosier prospects for, that might be it.”

One possible vehicle for a measure that may see movement in the 112th Congress is reauthorization of the Elementary & Secondary Education Act. Gay rights supporters have been hoping this measure could pass with anti-bullying safeguards for LGBT students even with Republican control of the House.

Standalone legislation that would have addressed this issue was known as the Student Non-Discrimination Act and the Safe Schools Improvement Act in the 111th Congress.

Still, Baldwin expressed reservations about whether Republicans would agree to such a provision and said she has been discouraged by talk against anti-bullying efforts among her GOP colleagues.

“I have heard rhetoric from some of my Republican colleagues on the issue of anti-gay bullying that has disappointed me profoundly,” Baldwin said. “I would expect that if the Senate could include some language on anti-bullying measures, there would be some prospect to reach out to more reasonable-minded Republicans, but I certainly anticipate that there would be opposition.”

Additionally, talk in the Senate about restarting efforts to pass comprehensive immigration reform have given LGBT advocates hope that such legislation might include a provision to allow gay Americans to sponsor to sponsor their foreign same-sex partners for residency.

In the previous Congress, standalone legislation that would achieve such a goal was known as the Uniting American Families Act.

But Baldwin said she hasn’t yet gotten “a good read” on the prospects of passing comprehensive immigration reform at this stage in the 112th Congress — with or without the UAFA language.

“I know when the president mentioned it in his State of the Union address, I certainly saw some of my Republican colleagues either leap to their feet or express optimism about another attempt at passing comprehensive immigration reform,” Baldwin said. “But I would say that as we started our session, things have been quite divisive and whether this is the two-year term in which we can get it done or not is a big question mark to me.”

While generally pessimistic about the chances of passing pro-LGBT legislation this Congress, Baldwin also dismissed chances that anti-gay bills could make it into law.

The lawmaker said the Democratic-controlled Senate should be able to block the passage of anti-gay bills that pass the House — such as measures to repeal same-sex marriage in D.C. or thwart “Don’t Ask, Don’t Tell” repeal — from making it to the president’s desk.

“We do know that at the federal level, we still have divided government,” Baldwin said. “While it would be a sad day for the representatives of the People’s House to pass any of these specific measures, we do know that their likelihood of being considered or embraced by the U.S. Senate is slim, and we also know that the president can exercise his veto if anything were to get to his desk.”

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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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