National
Another shot for UAFA in House, Senate
Lawmakers write to administration seeking executive action
Lawmakers initiated on Thursday a two-pronged approach to stop the separation of bi-national same-sex couples in the United States by introducing legislation and sending a letter to the Obama administration urging executive action.
Rep. Jerrold Nadler (D-N.Y.) reintroduced in the House the Uniting American Families Act, which would enable gay Americans to sponsor their foreign partners for residency in the United States, while Sen. Patrick Leahy (D-Vt.) reintroduced companion legislation in the Senate.
Meanwhile, Rep. Zoe Lofgren (D-Calif.), ranking Democrat of the House Judiciary subcommittee on immigration, sent a letter to the Justice Department and the Department of Homeland Security — along with 47 other U.S. House members — urging administration officials to stop the deportations of foreigners in legally recognized same-sex marriages in the United States.
During a news conference Thursday, Nadler touted his newly reintroduced legislation, which has been languishing in Congress in various versions for more than a decade, as a means to “remove a wantonly discriminatory policy” in U.S. immigration code.
“Today, thousands of committed same-sex couples are needlessly suffering because of unequal treatment under our immigration laws, and this is an outrage,” Nadler said. “The Constitution guarantees that no class of single people will be singled out for differential and invidious treatment — and LGBT Americans should not, and must not, be excluded from that guarantee.”
In a statement, Leahy said UAFA is necessary because a key tenet of U.S. immigration policy is maintaining “family unity” — even for LGBT people — whom he said are often forced to choose between the country they love and the person they love.
“I hear from Vermont couples who face this difficult decision every year,” Leahy said. “No American should face such a choice. I hope that my colleagues who supported this important civil rights reform will join me in calling for fairness and equality in our immigration laws.”
Under current immigration code, straight Americans can sponsor their spouses for residency in the United States through the green card application process if their spouses are foreign nationals. The same rights aren’t available to gay Americans because they cannot marry in many places in the United States. Even where gay nuptials are recognized, Americans can’t sponsor their same-sex spouses for citizenship because the Defense of Marriage Act prohibits federal recognition of marriage equality.
Consequently, foreign nationals who are in committed relationships with gay Americans may have to leave the country upon expiration of their temporary visas or face deportation.
“It’s not only the partners in committed relationships that suffer, it’s their children, their extended families,” Nadler said. “Their communities and employers are all hurt when families are broken up.”

Shirley Tan (right) and Jay Mercado (left) with their two children and Rep. Jerrold Nadler (center) (Blade photo by Michael Key)
Shirley Tan, a Philippines native and lesbian Pacifica, Calif., resident, put a face to the need for passing UAFA during the news conference when she recounted how she was arrested in January 2009 by Immigrations and Customs Enforcement and threatened with deportation away from her partner for nearly 25 years, Jay Mercado, and their two children: Jashley and Joriene.
“When I think of UAFA, I am reminded of what that ICE officer told me when I was picked up — that if Jay is a man, this wouldn’t have happened,” Tan said. “Same-sex couples should be given the right to petition for their partners. It is just plain discrimination that until now, this great country cannot have equality among their citizens.”
Sen. Dianne Feinstein (D-Calif.) has since introduced private legislation to keep Tan and Mercado together in the United States with their children temporarily, and is expected to do so again during the 112th Congress. The bill must be reintroduced every two years. If not, or if Feinstein leaves the Senate, Tan would again face deportation.
UAFA has provisions that would impose penalties on those who would seek the exploit the opportunities provided under the legislation should it become law. Any person found to have entered into a fraudulent, permanent partnership for the purposes of obtaining a visa for another individual could be subject to five-year imprisonment or a $250,000 fine, or both. UAFA also requires bi-national couples to provide proof that they are partners as defined in the legislation.
Representatives from LGBT advocacy groups who were present at the news conference — including Human Rights Campaign President Joe Solmonese and National Gay & Lesbian Task Force Executive Director Rea Carey — commended Nadler for introducing the legislation and said the bill is badly needed to eliminate the inequities that bi-national same-sex couples face.
Rachel Tiven, executive director of Immigration Equality, expressed optimism about the chances of action from either Congress or the administration to provide relief to bi-national same-sex couples.
“Everything is coming together for LGBT Americans with foreign national partners,” Tiven said. “This is the time that have been waiting for. We are so close, we are so close at last to having truly equal rights for all American families — and LGBT immigrant families at the center of that change.”
The White House’s support for UAFA isn’t as strong as it is for other pro-LGBT legislation, such as the Employment Non-Discrimination Act.
Shin Inouye, a White House spokesperson, said President Obama “supports the goals of this legislation,” but didn’t explicitly endorse UAFA.
“He believes that Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country and thus we will work closely with Congress to craft comprehensive immigration reform legislation,” Inouye added.
The 100 co-sponsors that the House legislation had as of Thursday include the four openly gay members of Congress — Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.) — as well as House Minority Leader Nancy Pelosi (D-Calif.) and Reps. Mike Honda (D-Calif.), Sheila Jackson-Lee (D-Texas) and Jackie Speier (D-Calif.).
A proponent of comprehensive immigration reform, Polis during news conference said the inability of gay Americans to sponsor their foreign partners under current law is “just another example of how our broken immigration system is tearing apart.”
“Instead of continuing to discriminate against same-sex marriage, we should welcome immigrants who help grow our economy and make our country stronger,” Polis said. “Regardless of which side of the aisle one stands on, we all agree that our immigration system should reflect the values that our country hold dear. It should reward those who work hard and support families; instead, we have a system that breaks up families by deporting the loved ones of Americans.”
Movement on the UAFA in the House is expected to be difficult — to say the least — with Republicans in control of the chamber. Neither the office of U.S. House Speaker John Boehner (R-Ohio) nor the office of House Judiciary Committee Chair Lamar Smith (R-Texas), who’s known for anti-gay views, responded to the Washington Blade’s request to comment on the legislation.
During the news conference, Nadler said he’s spoken with Smith about having a hearing or a markup on UAFA, but added the Texas lawmaker was “non-committal.”
A House Democratic aide, who spoke on condition of anonymity, expressed pessimism about passage of UAFA both in the House Judiciary Committee and on the House floor because of the anti-gay Republican positions.
“The chairman has pretty strong stand against LGBT equality and against comprehensive immigration reform, so this might be the best Judiciary Committee to get optimistic about,” the aide said. “I don’t see Boehner bringing it up and I don’t see where you get enough Republicans [for passage] — even if you held the entire Democratic caucus together.”
No Republicans have signed on as co-sponsors for UAFA. Nadler said he’s spoken to some GOP lawmakers who have told him they’re “thinking about” signing on in support, although he declined to identify which lawmakers made these comments.
“We’d love to work with the Republicans on it, and we’re reaching out to see who we can get,” Nadler said.
In the Senate, where Democrats remain in control following the 2010 election, UAFA is seen as having as having brighter prospects, although challenges remain.
A Senate Democratic aide, who spoke on condition of anonymity, said Republican support would be needed to make progress on UAFA in the Senate despite Democratic control of the chamber.
“It is difficult to advance immigration-related legislation, and particularly difficult to do so without bipartisan support, and so we are focused right now on shoring up more support for the bill,” the aide said.
In the Senate, UAFA had 18 co-sponsors as of Thursday, including Assistant Majority Leader Dick Durbin (D-Ill.) as well as Sens. Ben Cardin (D-Md.), Bob Casey (D-Pa.), Kirsten Gillibrand (D-N.Y.) and Chuck Schumer (D-N.Y.). As in the House, the Senate version of the legislation has no Republican co-sponsors.
UAFA supporters have long advocated that comprehensive immigration reform is the best vehicle from moving the legislation forward in both chambers of Congress. Earlier this year, media reports emerged that key players for immigration reform in the Senate, including Schumer, had begun talks about comprehensive immigration reform legislation — intriguing LGBT advocates about the possibility of UAFA inclusion.
Rep. Luis Gutierrez (D-Ill.), a UAFA co-sponsor and leading proponent of comprehensive immigration reform, said during the news conference he’s heard about the immigration inequities facing LGBT people — as part of his “Campaign for American Children and Families” tour, which is aimed to address broader immigration and deportation concerns — and believes language to protect bi-national same-sex couples should part of any larger immigration package that passes Congress.
“If deportations or an inflexible visa system or any of the problems our immigration system are holding back and splitting up American families, it’s holding back gay and lesbian families as much or even more,” Gutierrez said. “That is why we need UAFA, and why it needs to be part of immigration reform.”
But whether immigration reform can pass both chambers of Congress — especially with Republicans in control of the House — remains to be seen, even though Obama mentioned it as legislative priority during the 2011 State of the Union address. Polis has told the Washington Blade passage is “unlikely” this Congress will pass immigration reform because many members of the Republican ran against it in their 2010 campaigns.
During the news conference, Nadler said he doesn’t know what the prospects are for passing comprehensive immigration reform in the 112th Congress, but said UAFA supporters will “press ahead” whether or not the larger bill goes forward.
As the new effort was launched to pass legislation, lawmakers also made their case with the Justice Department and the Department of Homeland Security to stop the separation of foreign nationals in legally recognized same-sex marriages administratively.
Lofgren announced at the news conference on Thursday that she and 47 other Democratic lawmakers sent a letter to the departments asking the Obama administration to take action — as she denounced the current situation under U.S. immigration law.
“Changing the law takes time, and that is something that so many of these families, including U.S. citizens, spouses and children, do not have,” Lofgren said. “Our administration, like all prior administrations, has the ability under current law to avoid the senseless destruction of families while the validity of the Defense of Marriage Act is tackled in the courts and in Congress.”
The letter maintains that the Obama administration has the authority to stop the deportations of foreign nationals in legally recognized same-sex marriage now that the president has found that DOMA is unconstitutional. On Feb. 23, U.S. Attorney General Eric General announced that Obama determined DOMA was unconstitutional and that the Justice Department would no longer defend the anti-gay law against litigation in court.
To the Department of Homeland Security, the lawmakers ask U.S. Citizenship & Immigration Services to hold the denial of green card applications for married same-sex couples until Congress repeals DOMA or the courts make a determination on the law’s constitutionality.
“We further ask that Immigration and Customs Enforcement (ICE) exercise its existing prosecutorial discretion in removal proceedings with respect to lawfully-married foreign nationals who would be eligible for immigration relief but for DOMA,” the lawmakers write. “ICE already exercises prosecutorial discretion and promotes efficient use of government resources by dismissing without prejudice certain cases in which a foreign national appears to be eligible for relief from removal on the basis of a pending petition or application.”
Adam Fetcher, a Department of Homeland Security spokesperson, said his department plans to respond to the lawmakers, but continues to enforce DOMA as directed by the Justice Department.
“The administration will respond to the members of Congress directly,” Fetcher said. “Pursuant to the attorney general’s guidance, the Defense of Marriage Act remains in effect and the executive branch, including DHS, will continue to enforce it unless and until Congress repeals it or there a final judicial determination that it is unconstitutional.”
To the Justice Department, the lawmakers ask that the Board of Immigration Appeals and the Executive Office of Immigration Review issue a moratorium on removing married foreign nationals in same-sex marriages “who would be eligible to adjust their status to lawful permanent residence but for DOMA.”
Tracy Schmaler, a Justice Department spokesperson, said her department is reviewing the letter and will respond.
The letter from U.S. House members comes on the heels of a similar letter that Sen. John Kerry (D-Mass.) and 11 other U.S. senators sent last week to Obama administration seeking restitution for married bi-national same-sex couples. Rep. Rush Holt (D-N.J.), who is among the co-signers of the Lofgren letter, also last week sent a similar missive to the Obama administration.
Erica Deuso will become the first openly transgender mayor in Pennsylvania.
Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.
Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.
Deuso released a statement following her election, noting that “history was made.”
“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”
According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.
Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.
“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.
Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.
Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.
“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”
Deuso will be sworn in as mayor on Jan. 7.
U.S. Supreme Court
LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’
Experts insist Kim Davis case lacks merit
The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.
Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.
She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.
The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.
Loewy began by explaining how the court got to where it is today.
“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”
Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.
“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”
That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.
“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”
She also noted that public opinion on same-sex marriage remains overwhelmingly positive.
“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”
“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”
A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.
“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”
Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.
“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”
She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.
“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”
Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.
“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”
“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.
When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.
“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”
Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:
“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.
“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”
He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.
“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”
He also addressed members of the LGBTQ community who might be feeling fearful at this moment:
“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”
And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.
“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”
Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.
“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.
“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.
“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”
Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:
“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.
President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”
The White House only recognizes two genders: male and female.
The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.
A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.
A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)
“This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”
Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.
The Supreme Court ruling is here.
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