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EXCLUSIVE: 22 U.S. senators call for marriage equality plank in Dem platform

Feinstein, Kerry, Cardin among those expressing support; list continues to grow

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Sen. Dianne Feinstein is among the U.S. senators backing the inclusion of marriage equality in the Democratic Party platform. (Blade file photo by Michael Key)

A group of U.S. senators is joining the wave of LGBT rights supporters calling for an endorsement of marriage equality in the Democratic Party platform.

The Washington Blade received statements from the offices of 22 Democratic senators — including Sens. John Kerry (D-Mass.), Dianne Feinstein (D-Calif.), Chris Coons (D-Del.) and Ron Wyden (D-Ore.) — expressing support for including a marriage equality plank in the Democratic Party platform. The Blade solicited statements from all 53 Democratic senators and will update this article as more senators respond.

The senators follow the lead of Sen. Jeanne Shaheen (D-N.H.), who on Tuesday became the first U.S. senator this year to get behind the idea of including same-sex marriage in the Democratic Party platform. Shaheen, who’s also a co-chair of President Obama’s national campaign committee, said she backs a plank in support of marriage equality proposed by the LGBT organization Freedom to Marry.

In addition to calling for an inclusion of marriage equality in the Democratic Party platform, the language also backs overturning the Defense of Marriage Act and passing DOMA repeal legislation known as the Respect for Marriage Act in addition to opposing state constitutional amendments aimed at blocking gay couples from marriage rights.

The 22 senators are Michael Bennet (D-Colo.), Richard Blumenthal (D-Conn.), Sherrod Brown (D-Ohio), Ben Cardin (D-Md.), Barbara Boxer (D-Calif.), Chris Coons (D-Del.), Dianne Feinstein (D-Calif.), Al Franken (D-Minn.), Kirsten Gillibrand (D-N.Y.), Tom Harkin (D-Iowa), John Kerry (D-Mass.), Frank Lautenberg (D-N.J.), Carl Levin (D-Mich.), Bob Menendez (D-N.J.), Jeff Merkley (D-Ore.), Barbara Mikulski (D-Md.), Patty Murray (D-Wash.), Jeanne Shaheen (D-N.H.), Chuck Schumer (D-N.Y.), Mark Udall (D-Colo.), Ron Wyden (D-Ore.) and Sheldon Whitehouse (D-R.I.).

The platform committee is set to discuss and agree upon language in the Democratic Party platform when it gathers for the Democratic National Convention Sept. 3 in Charlotte, N.C. Officials with Democratic National Committee have declined to comment on whether the platform will be “marriage-equality inclusive.

A number of senators issued statements to the Blade saying they want marriage equality in the Democratic Party platform without offering an explicit endorsement of language as proposed by Freedom to Marry:

Sen. Michael Bennet (D-Colo.)

“I support a pro-marriage equality plank. Discrimination in our marital laws or otherwise against any Coloradan or American because of sexual orientation is unacceptable. Two people who want to enter into a loving committed relationship should be afforded the same legally recognized rights and benefits I enjoys with my wife.”

Sen. Barbara Boxer (D-Calif.)

“I strongly support marriage equality and efforts to make that a reality for all Americans, including adding marriage equality language to our party’s platform. I was proud to be one of the 14 senators who voted against the Defense of Marriage Act, and we cannot stop until we repeal this unjust law and start treating all our families with the dignity and respect they deserve.”

Sen. Chris Coons (D-Del.)

“Of course marriage equality should be a part of the Democratic Party platform. It should be a part of the Republican Party platform, too. Whom you love should have no bearing on your access to the equal rights due every American citizen. It is time the law recognizes what the majority of Americans already recognize is a human right: marrying the person you love. Democrats have led the way in significant marriage equality victories in the states these last few years, so for the Democratic Party to not include marriage equality in our platform now would be to miss an important opportunity to reinforce and strengthen our continued national leadership on the issue.”

Sen. Dianne Feinstein (D-Calif.)

“As the author of the bill to repeal DOMA and one of 14 senators who voted against DOMA in 1996, I strongly believe marriage equality should be part of the Democratic platform.”

Sen. Frank Lautenberg (D-N.J.)

“Marriage equality is one of the most significant civil rights battles of our time, and the Democratic Party must address this issue in its platform. The New Jersey legislature bravely passed legislation to provide marriage equality in our state, and I have co-sponsored legislation in the Senate to repeal DOMA. We will continue this fight until same-sex couples have the right to marry and every family in our country is provided the same legal protections.”

Sen. Bob Menendez (D-N.J.)

“Fundamentally, I do not view this as an issue of special rights, but simply one of equal rights. No American should have to wait outside a hospital room while their loved one suffers inside. No American should lose their inheritance simply because the federal government does not recognize the couple’s marriage. No child should feel that their parents are somehow less equal under the law than their best friend’s parents. This kind of discrimination cannot be tolerated in our society as a matter of law. Our world is changing and our society must change with them. I fully support making marriage equality a fundamental piece of the Democratic Party platform.”

Sen. Barbara Mikulski (D-Md.)

“As you may know, Maryland recently passed legislation legalizing same sex marriage. Consistent with that, I would support the inclusion of language in the Democratic platform that calls for the repeal of DOMA, and the passage of the Respect for Marriage Act. I would also support language stating clearly that all Americans deserve to be treated with dignity and respect, and that all Americans are entitled to equal protection under the law, guaranteed by our Constitution.” (Rachel MacKnight, a Mikulski spokesperson, clarified her boss wants the inclusion of marriage equality in the Democratic Party platform.)

Sen. Chuck Schumer (D-N.Y.)

“Equality is something that has always been a hallmark of America and no group should be deprived it. Marriage equality is no different and it’s time for our nation to recognize that.” (Mike Morrey, a Schumer spokesperson, confirmed the senator wants same-sex marriage in the Democratic Party platform.)

Sen. Ron Wyden (D-Ore.)

“As a co-sponsor of the Respect for Marriage Act, one of 14 senators to vote against the Defense of Marriage Act, and a longtime believer in allowing all people the freedom to marry the one they love, I encourage the Democratic Party to stand together with those who want equality in marriage so they don’t have to face this battle alone.”

Other senators — including two where same-sex marriage was recently signed into law — went further and sent statements saying they back language as proposed by Freedom to Marry.

Freedom to Marry’s proposed language, included as part of its “Democrats: Say I Do!” campaign that was launched Feb. 13, follows. According to the organization, more than 28,000 people have the signed online petition in support of the language.

“The Democratic Party supports the full inclusion of all families in the life of our nation, with equal respect, responsibility, and protection under the law, including the freedom to marry. Government has no business putting barriers in the path of people seeking to care for their family members, particularly in challenging economic times. We support the Respect for Marriage Act and the overturning of the federal so-called Defense of Marriage Act, and oppose discriminatory constitutional amendments and other attempts to deny the freedom to marry to loving and committed same-sex couples.”

Sen. Sherrod Brown (D-Ohio)

“I believe in equality for all families and think we should be looking at ways to expand civil rights, not reduce them. I’m fully supportive of the language in question.”

Sen. Ben Cardin (D-Md.)

“Yes, I support the inclusion of such language in the Democratic Party platform. I am a cosponsor of the Respect for Marriage Act that would repeal DOMA and I am dedicated to ensuring protections against any form of discrimination, including discrimination based on sexual orientation and gender identity. This is consistent with the Maryland legislature’s passage of legislation to legalize same-sex marriage.”

Sen. John Kerry (D-Mass.)

“I think this is an historic moment for the Democratic Party in our commitment to equal opportunity and our opposition to discrimination. In its significance, it’s not unlike the floor fight Hubert Humphrey led at the Democratic convention in 1948 to make clear the Party’s commitment to civil rights for African Americans, but the difference is that back then we were a Party divided, whereas now I think it’s a mainstream Democratic position to care about these protections for gay Americans, and I’m proud of that. We’ve made big strides. We ended Don’t Ask, Don’t Tell and that put a close to an era that one day will seem as antiquated as the days before President Truman desegregated the military. When we pass the Respect for Marriage Act, so too will the era of the so-called Defense of Marriage Act be anachronistic in a country where we don’t believe there should be any second class citizens. I support marriage equality and I think Massachusetts has taught the country an important lesson about how marriage equality can work. I was pleased to see New York and Washington follow that example. No one should be worried about a party platform that celebrates those advances.” (Whitney Smith, a Kerry spokesperson, said her boss supports Freedom to Marry’s language.)

Sen. Carl Levin (D-Mich.)

“Fighting against discrimination in all its forms, including discrimination based on sexual orientation, is a hallmark of our party. I support passage of the Respect for Marriage Act, and I support efforts to ensure that government does not interfere with the freedom to marry.” (Tara Andringa, a Levin spokesperson, said her boss believes the platform committee should adopt the language proposed by Freedom to Marry.)

Sen. Jeff Merkley (D-Ore.)

“I strongly support marriage equality for all Americans. It’s a question of fundamental fairness and the bedrock principle that we are all the same under the law. It should be part of the platform.” (Julie Edwards, a Merkley spokesperson, said her boss supports Freedom to Marry’s effort.)

Sen. Patty Murray (D-Wash.)

“As a co-sponsor of the Respect for Marriage Act and a strong believer that we should be focused on broadening the civil rights of all Americans, this is certainly language that I would support.”

Sen. Mark Udall (D-Colo.)

“This is an issue the American people are ahead of us on. It’s about time that our big tent party make it clear in its platform that every American, regardless of sexual orientation, should have the ability to marry the person they love, to make that public promise of commitment and mutual accountability in front of their family and friends, affirming their dedication to their partner by accepting the responsibility of marriage. I believe these bonds help strengthen our society.” (Jennifer Tallheim, a Udall spokesperson, said the senator supports Freedom to Marry’s proposed plank.)

Sen. Jeanne Shaheen (D-N.H.) in a statement from Freedom to Marry:

“I’m proud to join Freedom to Marry’s ‘Democrats: Say, I Do’ campaign. Along with the more than 20,000 Americans who have already signed the online petition, I call on the Democratic Platform Committee to affirm the freedom to marry in our party’s national convention platform this September.  Any Democratic statement of core beliefs about the importance of families must include all our families, gay and straight.  Our party has a long tradition of leading the charge on important questions of justice.  Now is the time for the Democratic Party to stand up for the rights of same-sex couples and their families.”

Spokespersons for Sens. Richard Blumenthal (D-Conn.) and Sheldon Whitehouse (D-R.I.) said their bosses support this language, but didn’t provide statements attributable to their respective senators.

Similarly, Bethany Lesser, a spokesperson for Sen. Kirsten Gillibrand (D-N.Y.), also told the Blade her boss, the Senator, supports the plank as written by Freedom to Marry.

“As a lead sponsor of the Respect for Marriage Act, and a tireless advocate in the fight to repeal ‘Don’t Ask, Don’t Tell’, Sen. Gillibrand is helping to lead the fight for equality in the Senate,” Lesser said. “There will be a clear contrast in this election between the two parties on issues of equality, justice and fairness.”

Kate Cyrul, a spokesperson for Tom Harkin (D-Iowa), said her boss supports including marriage equality in the Democratic Party platform, but isn’t endorsing any specific platform language. Ed Shelleby, a spokesperson for Sen. Al Franken (D-Minn.) also said the senator support including marriage equality language in the platform.

Evan Wolfson, president of Freedom to Marry, praised these senators for their endorsements and said his organization looks forward “to working with them and their Democratic colleagues to move forward this crucial plank.”

“These senators from across the nation all know firsthand that marriage matters to gay and lesbian couples, their kids, and their kin,” Wolfson said. “Their support shows real momentum among Democrats to make sure that the party does what the Democratic Party does at its best — fight discrimination in all its incarnations and lead the way forward toward a more perfect union.”

The offices of other senators responded to the Blade’s solicitation in other ways. David Carle, a spokesperson for Sen. Patrick Leahy (D-Vt.), noted he has taken a lead role in the effort to repeal DOMA in the Senate, but added “as far as potential platform issues are concerned, no groups have discussed ideas with him.”

Spokespersons for the offices of Sens. Daniel Akaka (D-Hawaii), Tom Carper (D-Del.), Herb Kohl (D-Wis.) and Bob Casey (D-Pa.) said they had no comment on including same-sex marriage in the Democratic Party platform. The offices of other senators didn’t immediately respond to the Blade’s solicitation.

Others who’ve endorsed a marriage equality-inclusive Democratic Party platform include House Minority Leader Nancy Pelosi (D-Calif.), Young Democrats of America Executive Director Emily Sussman, and the co-chairs of the Congressional Progressive Caucus. The Huffington Post reported this week that former U.S. Sen. Russ Feingold is also supportive. On Thursday, The Advocate reported that four of Obama’s national committee co-chairs — Bennet, California Attorney General Kamala Harris, Rep. Jan Schakowsky (D-Ill.), and Rep. Charles Gonzalez (D-Texas) — also back including marriage equality in the Democratic Party platform.

The endorsement of these individuals puts them at odds with President Obama, who doesn’t support same-sex marriage, but continues to say he could evolve to support marriage equality. The White House didn’t respond to a request for comment on whether Obama wants to see support for same-sex marriage in the Democratic Party platform.

NOTE: The article has been updated to reflect the growing number of senators who support including marriage equality in the Democratic Party platform.

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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.

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President Donald Trump speaks at the State of the Union address at the U.S. Capitol on Feb. 24. (Washington Blade photo by Michael Key)

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

Rep. Robert Garcia (D-Calif.) speaks at the People’s State of the Union on the Mall on Feb. 24. (Photo by Andrei Nasonov)

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.

(Washington Blade photo by Michael Key)
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U.S. Military/Pentagon

4th Circuit rules against discharged service members with HIV

Judges overturned lower court ruling

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The Pentagon (Photo by icholakov/Bigstock)

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.”

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New York

Lawsuit to restore Stonewall Pride flag filed

Lambda Legal, Washington Litigation Group brought case in federal court

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The Pride flag in question that once flew at the Stonewall National Monument. (Photo from National Park Service)

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.

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