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Kerry seeks to aid lesbian bi-national couple

With expiration of student visa, woman faces deportation to Pakistan

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Sen. John Kerry (D-Mass.) is seeking to aid a married lesbian couple in his state by asking the Department of Homeland Security to take administrative action to ensure the foreign national in the relationship won’t be deported to Pakistan.

In a redacted letter dated March 27 and obtained last week by the Washington Blade, Kerry asks Secretary of Homeland Security Janet Napolitano to hold in abeyance the I-130 marriage-based green card petition for the couple until the Defense of Marriage Act is overturned either by Congress or the courts.

“I know that you and I both believe that every family is worthy of recognition and respect, and that no family should be torn apart based on a discriminatory law,” Kerry writes. “Abeyance will allow this remarkable young couple to move forward with their dream of building a life together at home in Massachusetts.”

Gloria (right) and Jackie could be faced with separation if their green card application isn't placed in abeyance. (Photo courtesy Stop the Deportations)

The couple is using their first names only, Gloria, a Pakistani national, and Jackie, who are both 24 and reside together in Beverly, Mass. The two met as roommates in college in 2008 and their shared Christian faith brought them closer. After falling in love, they married in Massachusetts in October.

But Gloria’s student visa expired after she could no longer afford tuition and had to stop attending school last year, ending her legal status in the country and putting her in a situation where she could be deported to Pakistan.

In March, Jackie filed a marriage-based green card petition to sponsor Gloria for residency in the United States. U.S. Citizenship & Immigration Services has yet to make a decision on the petition, but it will likely be denied unless it’s held in abeyance because DOMA prohibits federal recognition of same-sex marriage.

Their attorney, Lavi Soloway, co-founder of Stop the Deportations and partner at Masliah & Soloway, redacted their last names in the letter he gave to the Blade, saying he did so at their request out of concern for their safety and safety of family members overseas. He also declined to disclose the school they both attended.

Recalling that the Obama administration has determined DOMA was unconstitutional and stopped defending the anti-gay law in court, Kerry writes this announcement last year left many same-sex couples “wondering how that will apply to their pending cases” and enables an opportunity for action.

“Among those harmed by the discrimination enshrined in law by DOMA are many of my constituents in Massachusetts who face separation from husbands, wives, grandparents, grandchildren, extended family, colleagues and community,” the senator says.

Kerry writes that the case of Gloria and Jackie “clearly justifies” action because of the potentially harsh treatment Gloria would face if sent back to Pakistan. Homosexuality is a crime punishable by jail time there and Christians have been known to face persecution in the country.

“She is certain that if she is forced to return to Pakistan, her life will be in danger, not only because of her sexual orientation and her marriage to a United States citizen, but for religious reasons as well,” Kerry writes.

It’s not the first time Kerry has asked the Obama administration to take action to stop the separation of bi-national same-sex couples. In April 2011, Kerry led a group of 12 senators who signed a letter to Justice Department and Department of Homeland Security asking that the marriage-based green card petitions for these couples be held in abeyance.

In a phone interview, Gloria said she and her spouse “feel very frustrated” they face this situation that wouldn’t be before them if they were an opposite-sex couple. She said she believes the effort will be worthwhile if “some positive outcome could come out of all this work that we’re putting into it.”

Additionally, Gloria said she dreads the prospect of having to return to Pakistan and face persecution because of her religious beliefs and sexual orientation.

“That would be just a devastating situation,” Gloria said. “We don’t even want to think about it. We have built our lives together here in America and our home is here. Our friends and family, and everything that we’ve built together is here.”

In a statement, Jackie also expressed frustration that DOMA precludes her from protecting her spouse and that the Obama administration hasn’t yet taken action to protect married bi-national couples.

“It hurts, as an American, to think that my government causes me and my wife so much distress by allowing DOMA to do so much harm,” Jackie said. “It is not what I expected of President Obama; I expected more. My wife and I met in college over three and half years [ago] and plan to continue building our lives together. Part of our future will now be this fight for full equality.”

Jackie added that coming out publicly with their story wasn’t an easy decision because they fear it may mean backlash for Gloria’s family in Pakistan  — as well as for Gloria if she’s forced to return to the country.

“But we will not stand by helpless while our marriage is treated as nothing by the federal government,” Jackie said. “I know that our president in his heart does not want to do harm to our marriage, and I am disappointed that he’s letting this happen when he has the power to stop it.”

Soloway said the president’s opposition to DOMA should be “matched with deeds,” and that halting the denial of marriage-based green card petitions would be consistent with the administration’s stated belief that same-sex couples shouldn’t be forced to make a choice between staying together and staying in the country.

“The president has an opportunity to develop policy that protects all LGBT families impacted by DOMA,” Soloway said. “He must now act to save Jackie and Gloria and thousands of lesbian and gay bi-national couples who, just like them, want nothing more than to be able to live their lives in peace.”

LGBT rights supporters have repeatedly asked the Obama administration to hold the marriage-based green cards for bi-national same-sex couples in abeyance on several occasions, and each time, officials have responded that they’ll continue to enforce DOMA while it’s on the books.

According to The Advocate, LGBT groups met with White House officials in January to discuss the possibility of putting the green cards in abeyance and administration officials told the advocates that such action wouldn’t be taken.

Peter Boogard, a DHS spokesperson, expressed a similar sentiment when asked by the Blade to comment on the Kerry letter.

“DHS responds directly to members of Congress, not through the media,” Boogard said. “Pursuant to the attorney general’s guidance, the Defense of Marriage Act remains in effect and the executive branch, including the Department of Homeland Security, will continue to enforce it unless and until Congress repeals it, or there is a final judicial determination that it is unconstitutional.”

While the administration hasn’t taken action to hold the marriage-based green card applications in abeyance, it has said it would include bi-national same-sex couples as part of an effort announced in August to take low-priority cases out of the deportation pipeline by granting them prosecutorial discretion.

The criteria for being taken out of the deportation pipeline include a person’s ties and contributions to their community and family relationships, and administration officials have said these criteria are inclusive of LGBT families and same-sex couples. An informed source said individuals whose I-130 is denied because of DOMA typically don’t receive a notice to appear for deportation hearings in court, unless there are additional derogatory factors.

But Soloway said whether Gloria will be placed into deportation proceedings is hardly the point if her green card application is denied because she’s “vulnerable to deportation every day.”

“She can be placed into proceedings simply because her immigration status as a foreign student has lapsed,” Soloway said. “Her school was required to report her to Immigration Services when she was no longer enrolled as a student. Every night, Jackie and Gloria go to sleep not knowing if their luck will run out. Will tomorrow be the day on which Gloria comes into contact with an overzealous police officer who stops and questions her and takes her into custody when her immigration status is discovered?”

Soloway also said holding the green card application in abeyance is the only way for Gloria to remain in legal status to enable her to hold a job or maintain a valid driver’s license.

“She cannot support herself and build a stable and secure future with Jackie as any other married couple would,” Soloway said. “She is trapped and can never leave the country because if she does she will be prohibited from returning. This untenable situation is the result of DOMA, and would be mitigated if their green card case were simply held in abeyance.”

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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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