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Advocates see New York as a turning point in marriage equality effort

On July 24, New York will become the largest state offering same-sex couples the same rights in marriage as opposite-sex couples, more than doubling the population of Americans living in marriage equality states

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Empire State Building lit up in rainbow colors in time to see marriage equality passed. (Washington Blade photo by Michael Key)

On July 24, New York will become the largest state in the Union to offer same-sex marriage, and in doing so, will change the landscape for marriage equality in America.

On Friday, with a close 33-29 vote, the Republican-controlled New York state Senate approved a marriage equality bill, matching language on the legislation agreed to between leaders in both houses. The bill was signed by same-sex marriage advocate Gov. Andrew Cuomo just before midnight, which sets the official date the law takes effect as July 24.

Evan Wolfson, President of Freedom To Marry, a national marriage equality advocacy organization, sees New York as a turning point in the effort to extend marriage to same-sex couples in the United States.

“It means that the number of Americans living in a state where gay people share in the freedom to marry is more than doubling from 16 to 35 million,” Wolfson told the Blade, Monday. “Because this is New York, people across the country and around the world are going to see and hear the stories that prove that families are helped and no one is hurt when marriage discrimination ends.”

“Over the next 18 months if we do our work right, we can hope to bring other states to the Freedom to Marry, from Maine to Oregon, and others in between,” Wolfson continued.  “But the key in all 50 states is to have the conversations, support the campaigns and continue the national momentum that New York has just boosted.”

Currently, Massachusetts, Connecticut, Iowa, New Hampshire, Vermont, and D.C., where same-sex marriages are currently licensed, make up approximately 5 percent of the U.S. population. However, with the introduction of New York at the end of July, 11.4 percent of American citizens will live in a jurisdiction that offers marriage licences to all couples, regardless of gender.

This does not include the 5.8 million residents of Maryland, which recognizes same-sex marriages performed elsewhere, and the 81,406,229 who enjoy most or all of the same benefits and obligations as married couples in Oregon, Washington, Wisconsin, California, Delaware, Hawaii, Illinois, Maine, New Jersey and Nevada through Civil Unions or Domestic Partnership registries. Including these states brings the total number of Americans whose states officially recognize and protect same-sex relationships to nearly 40 percent.

With a jurisdiction the size of New York opening up the institution of marriage to all couples, same-sex partners throughout the country will likely be taking advantage of the new law, and the Empire State will become a top wedding destination for New York couples and couples from surrounding states alike.

Among those couples will be Carl Parker and Greg Wysocki of White Plains, N.Y. Parker 43 and his partner Wysocki 46, grew up in D.C. and until 2002, lived in suburban Maryland. They’ve been together nine years and now live in New York state, and both are eager to solemnize the relationship.

“We have a registered domestic partnership with Westchester County NY,” Parker told the Blade, “but plan on going to City Hall in White Plains as soon as possible to file for our marriage license. Our family and friends are so excited for us, they’re battling to be witnesses and a part of the ceremony. We are planning a larger even next year, since many of our friends are international and cant make it to New York in such short notice.”

The bill’s sponsor, Sen. Tom Duane, who is gay, was overjoyed at the bill’s passage.

“I want to commend the incredible leadership and passion of Gov. Andrew Cuomo who made good on his promise to make Marriage Equality the law in New York State,” the Senator said in a statement to the Blade on Monday. “I also want to thank my colleagues in the State Senate on both sides of the aisle, and in the Assembly, who took a courageous stand when it would have been far easier for them to turn away from what I know for many was a difficult issue.”

The law goes into effect on July 24, however, since that is a Sunday, couples are more likely to be able to get their licences on Monday, July 25. New York has a 24 hour waiting period after applying for the marriage license before the wedding can take place, therefore most likely, the first weddings will take place on Tuesday, July 26, barring special exceptions in cases where a judge waives the 24 hour waiting period, or County Clerks find a way to open on Sunday.

Of thirty Democratic Senators, only one voted against the bill, Ruben Diaz who, despite having a lesbian granddaughter, has been a strong opponent of marriage equality since long before voting against the failed 2009 marriage bill.

Of 32 Republicans, four voted for the bill, including Senators James Alesi, Roy McDonald, Stephen Saland and Mark Grisanti. Though the overwhelming majority of the 33 votes in favor of passage came from the Democratic side of the aisle, that four Republicans defected from their party, and that this bill was even allowed by Majority leader Skelos to come to a vote marks a sea change in the fight for extending these rights to more couples nation-wide.

The legislation included some amendments that would reduce the legal liability of religious organizations that refuse to solemnize any of the marriages that would be made legal under the new law. The amendments were added in the Senate on Friday, and before the Senate voted on the law, they were approved Friday afternoon by the lower house, which had already approved the bill 80-63 on June 15. The amendments would also allow non-profits affiliated with religious organizations to refuse to allow their facilities to be used in ceremonies related to same-sex weddings.

One major proponent of the law, New York City Mayor Michael Bloomberg, released a statement on Saturday, the morning after the bill’s passage.

“Today’s passage in the New York State Senate of legislation recognizing the right of couples to marry regardless of their gender is a historic triumph for equality and freedom,” the statement reads in part. “New York has always been a leader in movements to extend freedom and equality to people who had been denied full membership in the American family.”

Many activists noted as crucial to victory the open collaboration between the various groups on the ground in New York. Some of the most visible groups on the front line of pushing public opinion and lobbying for votes were the Human Rights Campaign, as well as New York headquartered groups like Fight Back New York, Empire State Pride Agenda, and Freedom to Marry. Human Rights Campaign and Freedom to Marry had played roles previously in other marriage victories, such as the victory for marriage equality in the District of Columbia, and worked in tandem with the state organizations to create an effective overall strategy.

“We congratulate everyone who worked so hard, with special thanks to Gov. Cuomo, to have New York join us in the District of Columbia as a jurisdiction that recognizes the rights of gays and lesbians to marry,” said Peter Rosenstein, president of Campaign for All D.C. Families. “The fight in New York shows that by working together with victory being the goal, rather than who can claim credit for the victory, LGBT organizations and their allies can be successful.”

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National

Supreme Court deals blow to trans student privacy protections

Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.

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Transgender rights activists protest outside the Supreme Court in early 2026. (Washington Blade Photo by Michael Key)

The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.

The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.

The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.

The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.

Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.

Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.

The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.

“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”

In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”

Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.

The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.

The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.

California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.

The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

President Donald Trump acknowledges Sage Blair, pictured second from left, during his speech at the State of the Union on Feb. 24. (Washington Blade photo by Michael Key)

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.

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Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

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Gil Pontes III

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

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ACLU sues Kansas over law invalidating trans residents’ IDs

A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.

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Kenda Kirby, transgender, Supreme Court, gay news, Washington Blade
A transgender flag flies in front of the Supreme Court. (Washington Blade file photo by Michael Key)

Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.

Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.

According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.

House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.

Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.

The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.

Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.

State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”

“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”

“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”

“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”

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