National
Lessons from N.C. defeat
Did lack of money or wrong message lead to sweeping anti-gay marriage amendment?

Incoming HRC President Chad Griffin is one of two principal partners in Armour Griffin Media Group, which was paid to produce TV ads in North Carolina’s amendment fight. (Photo courtesy of AFER)
In the week leading up to the May 8 vote in North Carolina on a proposed state constitutional amendment banning same-sex marriage and civil unions, officials with the campaign opposing the amendment said they believed they had a shot at defeating it.
“We were on conference calls where they were saying we are in striking distance,” said lesbian journalist and commentator Pam Spaulding of North Carolina, who publishes the LGBT political blog Pam’s House Blend.
“The campaign was saying 11 points and closing — that we were knocking in half the gap every week that they started the final [campaign] assault,” Spaulding told the Blade.
According to Spaulding, at an election night gathering in Raleigh, campaign leaders and volunteers who worked to defeat the amendment were stunned when the State Board of Elections announced the amendment passed by a 61-39 percent margin.
“Were their numbers that far off or did they know the numbers and were not disclosing them,” Spaulding asked in discussing the information released by the opposition campaign to bloggers. “How could they be 21 points off?”
Officials with the Coalition to Protect All North Carolina Families, which operated the campaign opposing Amendment One, said the numbers they cited were from the polling firm Public Policy Polling, which showed support for the amendment down to 55 percent in the week before the election.
“There were a lot of polls, and they were all across the map,” said Stuart Campbell, executive director of the statewide LGBT advocacy group Equality North Carolina and a member of the opposition campaign’s seven-member Steering Committee.
“We actually had internal polling back in January that showed close to 70 percent — around 67 to 68 percent — in favor,” he said. “So we actually do believe we moved it anywhere between seven and 10 points.”
In addition to Equality North Carolina, the organizations represented on the Steering Committee, whom officials said made all key decisions for the campaign, included the Human Rights Campaign; the ACLU of North Carolina; Faith In America; Replacements, Ltd., a gay-owned company that sells upscale dinnerware; Self-Help, an LGBT supportive credit union based in North Carolina; and Southerners on New Ground (SONG), a North Carolina group that promotes progressive causes.
In late December or early January the Steering Committee retained the Los Angeles-based Armour Griffin Media Group to produce the campaign TV ads. Officials said the campaign retained the company months before they learned that Chad Griffin, one of the two principal partners in the firm, was to be selected as the new HRC president. Campaign finance records show the campaign paid the company $66,000 for its media work as of May 11, the close of the most recent campaign finance reporting period.
Campbell and campaign co-chair Alex Miller said the campaign built important alliances with progressive groups, LGBT supportive churches and religious leaders, and leaders of the African-American community that would benefit the LGBT community for years to come.
One of the most important developments, Campbell and Miller said, was the decision by the NAACP of North Carolina to come out against the amendment. Under the leadership of Rev. William Barber II, the state’s NAACP president, the historic black civil rights organization activated its chapters in counties across the state to speak out against the amendment.
Barber told the Blade that he believes a majority of black North Carolinians voted against the amendment despite claims by some media outlets that polls showed a majority of blacks favored the ballot measure.
Ray Warren, a former North Carolina circuit court judge who’s familiar with the state’s voting trends and demographics, said a review of the vote in most parts of the state showed that all of the state’s large cities and urban areas voted against the amendment. In what he called a dramatic contrast, all of the rural counties and nearly all of the suburbs outside city boundaries voted for the amendment.
Ninety-two of the state’s 100 counties voted for the amendment. Each of the eight counties voting against it included cities or urban-oriented towns with universities within their boundaries.
According to Warren, in a development rarely seen in the state, black and white voters appeared to vote alike, with majority white and majority black precincts voting for the amendment in rural and suburban areas. In cities and urban centers, majority black and majority white precincts voted against the amendment, Warren said.
Debate over campaign message

Brent Childers, executive director of Faith in America, said the campaign could have been more effective in challenging and refuting religious arguments used to support Amendment One. (Photo courtesy of Childers)
Some LGBT supportive observers wanted to know whether the message projected by the campaign opposing the amendment in TV ads and other media amounted to the best means possible to persuade voters to reject the amendment.
Marriage equality supporter Brent Childers, executive director of the North Carolina-based group Faith in America, which challenges what Childers calls the “misuse” of religion to deny rights to LGBT people, said the campaign could have been more effective in challenging and refuting religious arguments used to support Amendment One.
Still others, including North Carolina lesbian activist Mandy Carter, joined Spaulding in expressing concern that the opposition campaign mostly “de-gayed” its messages in TV ads by stressing the harms the amendment would have on straight unmarried couples.
Campaign officials dispute these claims, saying the campaign aggressively embraced its support for marriage equality for gays and projected that message through many campaign venues, including online videos as well as TV ads.
The campaign recruited a lesbian mother to appear in one of the three TV ads aired shortly before the election. Campaign officials told the media in a press release that the woman and her same-sex partner rely on the partner’s employee health insurance to provide coverage for their daughter.
But in the TV ad the woman isn’t identified as a lesbian. While driving a car with her child sitting next to her she says Amendment One would likely result in the loss of her daughter’s health insurance.
“[It’s] because we’re not married,” she says in the ad, referring to her partner. The partner’s gender isn’t mentioned.
“If you’re watching it on television there’s no way to know,” Spaulding said, referring to the woman’s sexual orientation.
Campaign officials said they believe the ad was effective in showing how the amendment would have serious consequences for unmarried couples, gay or straight, and it likely persuaded some voters to oppose the amendment.
In a series of interviews, pollsters, campaign officials, political analysts affiliated with North Carolina universities, representatives of LGBT advocacy groups, and LGBT supportive straight allies provided the Blade with a wide range of opinions addressing these questions.
Most agreed, however, that private polls commissioned for the campaign as well as polls conducted by other pollsters showed that a solid majority of North Carolinians oppose same-sex marriage on religious grounds. They noted that the same polls showed that a campaign and vote framed only around the question of whether gays should be allowed to marry would result in a certain defeat for the pro-marriage equality side.
Leaders of the Coalition to Protect All North Carolina Families said they chose an “evidence-based” approach of using the best possible research from privately commissioned polls to develop the message they ultimately used.
That message focused on how Amendment One goes far beyond banning same-sex marriage and, among other things, would ban civil unions for gay and straight couples. It could also lead to a wide range of harmful effects on all unmarried couples, gay and straight, and their children, the group stressed in its “messaging” campaign.
Advocates of this approach noted that an existing law in North Carolina already prohibited same-sex marriage and that an amendment to the state constitution doing the same thing was unnecessary.
Supporters of the amendment disputed that assertion, saying a constitutional amendment was needed to prevent a court from overturning the state’s existing law banning same-sex marriage. They noted that gay rights advocates had already filed at least one lawsuit challenging the existing gay marriage statute.
Political observers noted that after blocking a constitutional ban on same-sex marriage for years under Democratic Party leadership, the state legislature approved a proposal to place the issue before the voters in 2011 after Republicans gained control of the legislature for the first time in decades in the 2010 election.
Over the strong objections of many Democrats and some Republicans, supporters of the amendment worded it in a way that expanded its scope beyond just marriage.
Amendment One states, “Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State.”
The amendment adds, “This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts.”
Legal experts in the state have said the amendment’s definition of marriage as the “only domestic legal union” would place in jeopardy rights and benefits currently being offered to gay or straight unmarried couples, such as domestic partner benefits offered by private companies or local governmental entities like cities and towns, including health insurance benefits and hospital visitation rights.
The Coalition to Protect All North Carolina Families cited legal experts who said safeguards against domestic violence might also be jeopardized by the amendment, with the possibility that a court could no longer issue a legal “stay away” order for a partner accused of physically abusing the other partner if the couple were not married.
“We saw that all these terrible things could happen,” said Stuart Campbell, executive director of the state LGBT advocacy group Equality North Carolina and a member of the Steering Committee of the campaign opposing the amendment.
Supporters of the amendment, led by the state group Vote for North Carolina Marriage and the anti-gay National Organization for Marriage, said claims that the amendment would impact health insurance benefits, domestic violence protections or child custody rights were unfounded.
Campbell said the Coalition to Protect All North Carolina Families’ Steering Committee initially hired the LGBT supportive polling firm Greenberg Quinlan Rosner Research headed by pollster Anna Greenberg. In an effort to get a second opinion, the Steering committee a short time later retained Lake Research Partners, another LGBT supportive campaign research firm headed by pollster Celinda Lake. Both firms have long-established records of helping to win elections for mostly Democratic candidates and progressive causes.
Lake was the pollster in the 2006 campaign opposing a proposed same-sex marriage ban in Arizona that was defeated by voters, the only such ballot measure to lose in more than 30 states across the country that voted on such a measure. Observers said the measure lost in Arizona because most voters disagreed with the additional restrictions it would place on unmarried couples, similar to the “harms” cited by opponents of Amendment One in North Carolina.
Two years later, Arizona voters approved a same-sex marriage ban that didn’t include the additional restrictions on unmarried couples.
Lake told the Blade that the North Carolina campaign stressed the harms Amendment One would cause to gay and straight unmarried couples, including the children of such couples, but it was not modeled directly after the Arizona campaign since the two states have different voter demographics and political traditions.
Lake said her early polling in North Carolina conducted to test different messages clearly found that a message of the potential harm Amendment One would cause for unmarried couples, gay and straight, children of these couples, and women threatened by domestic violence resonated with many voters. Among other things, a significant number of voters who planned to vote for Amendment One changed their position and stated in her poll that they would vote against it after learning about the amendment’s impact beyond banning same-sex marriage, Lake said.
Lake described as historic the North Carolina campaign’s use of a TV ad asserting that Amendment One would harm children, saying it represented the first time a campaign opposing a ballot measure seeking to ban same-sex marriage has argued that such a proposal would harm children.
She noted that in all previous campaigns, supporters of anti-gay ballot measures argued that same-sex marriage would be harmful to children. In North Carolina, the campaign against the amendment turned the tables on the anti-marriage equality forces, opening the way for this “game-changing” strategy in future battles against ballot measures seeking to ban same-sex marriage, Lake said.
When asked why Amendment One passed by a 61 percent to 39 percent margin despite the use of the “unintended consequences” and harm to children strategy, Lake and others working with her on the campaign cited the campaign’s lack of sufficient funds to pay for more TV ads and their inability to begin airing the ads sooner.
Jeremy Kennedy, the campaign manager hired by the coalition Steering Committee to carry out the committee’s game plan, said more than 60 percent of the $2.8 million raised by the campaign came in during the last few weeks leading up to the May 8 election.
The three TV ads the campaign used didn’t begin airing until the state’s early voting had already started about 15 days prior to Election Day.
“I was surprised that the opposition campaign didn’t get on the air sooner,” said Wake Forest University political science professor John Dinan, who said he followed the campaigns for and against the amendment.
“To move voters you need to put on TV ads much sooner,” he said.
Kennedy said that in the last few weeks of the campaign, donors began to respond when some outside polls, including those conducted by the firm Public Policy Polling, showed the projected vote for the amendment dropping to about 55 percent.
“If we all had our way and we had early money we would have done several months of TV,” Kennedy said.
Kennedy, 34, is a native of Texas who moved to D.C. in 2007 to work on the presidential campaign of Hillary Clinton. After Clinton dropped out of the presidential race following the primary season in 2008, Kennedy took a job with the Human Rights Campaign’s field department in Washington.
In 2010 he moved to Maine to work on the gubernatorial primary campaign of Democrat Elizabeth “Libby” Mitchell, who won the primary but lost the general election to Republican Gov. Paul Lepage. Following that campaign, Kennedy went to work as a state field director for the Maine Democratic Party.
He next went to Rhode Island to work on the legislative effort in the state to pass a same-sex marriage law. The legislature changed course and approved a civil unions bill rather than a marriage law. Shortly after returning to Maine, which he considers his home state, Kennedy was recruited to North Carolina last December, where the Coalition to Protect All North Carolina Families hired him as campaign manager to work for the defeat of Amendment One.
One source familiar with the campaign said the Steering Committee awarded Kennedy a $5,000 bonus near the end of the campaign. Another source expressed concern that money for the bonus would have been better used to pay for additional media ads.
Campbell declined to confirm the amount of the bonus, saying it was a personnel matter that would not be appropriate to discuss publicly. However, he added, “It was not such a large amount that it would make a difference in the media campaign.
“I have nothing but good things to say about Jeremy,” Campbell said. “I think he did an excellent job. He ran the campaign that we hired him to run.”
HRC spokesperson Fred Sainz agreed with Campbell’s assessment of Kennedy.
“In everyone’s estimation – including ours – Jeremy Kennedy is a superstar!” Sainz said in an email to the Blade. “This campaign brought together a diverse coalition that left behind an infrastructure in North Carolina upon which we can build upon for progressive politics and gay rights.”
Sainz said that while the loss was a big disappointment, ballot measures banning same-sex marriage passed in the other Southern states by an average of 75 percent in past years. He said the 61 percent to 39 percent margin of approval of a gay marriage ban in North Carolina shows “amazing progress among Southerners and Americans in general on the issue of marriage equality.”
Approval by voters in Virginia of a state constitutional ban on gay marriage in 2006 by a margin of 57 percent marked the only Southern state with support for such an amendment at a lower percentage than North Carolina. Florida passed such an amendment with a margin of 62 percent in 2008. South Carolina approved a marriage ban amendment by a 78 percent margin of approval in 2006.
Campbell and campaign co-chair Miller said reports by some critics that the campaign ended with a significant surplus and that the campaign chose not to distribute yard signs to urge voters to defeat the amendment were not true.
The campaign distributed as many as 15,000 yard signs opposing Amendment One in mostly urban areas throughout the state, campaign officials said.
Miller said that the campaign’s finance report filed on May 21 showing a $92,317 surplus was based on incomplete data. Bills for media-related expenses and other expenditures had yet to be paid at the time of the report’s filing deadline. He said final expenses would be shown in a final, end-of-the-year report to be filed with the election board.
“We were pretty much down to the last penny,” he said of the campaign’s spending.
‘Mood is grim’
A 17-page memo that Greenberg sent to the campaign Steering Committee on Dec. 6, 2011, a copy of which the Blade obtained, says her polling found that a significant number of voters were inclined to change their vote from “yes” to “no” on the amendment after they learned of the potential harmful impact it would have, including its prohibition against civil unions and overall harmful effects on children.
Greenberg noted in her memo that many voters who opposed same-sex marriage did not object to civil unions for gay or straight couples.
But unlike Lake, Greenberg stated the overall prospects for defeating Amendment One were not encouraging even when the “unintended effects” were spelled out to prospective voters.
“The mood is grim — and conservative — in North Carolina,” she said in the memo. “North Carolina shocked the country by delivering its electoral votes to Barack Obama in 2008. The world has since turned,” she wrote in the memo. “Half of this (special) electorate describes their feelings toward Obama in negative terms,” she added in discussing her poll findings.
A source familiar with the campaign, who spoke on condition of not being identified, said Greenberg made it clear she didn’t think a victory was possible for the opposition side. Instead, she recommended the campaign adopt a strategy that would educate voters and help their opinions in favor of marriage equality for a future campaign, the source said.
“We would not complicate this issue with a discussion of the impact this would have on straight, unmarried couples, despite the Arizona experience,” she wrote in her memo. “Voters’ moral judgment is not expended entirely on the LGBTQ community as voters here have problems with unmarried straight couples living together as well. An additional focus on straight couples does not make enough difference to justify muddying up your message,” she said in the memo.
She said her memo was based on a survey of 600 likely special election voters in North Carolina taken Nov. 16-21, 2011. She said her poll, which had a margin of error of plus or minus 4 percent, found that 66 percent of the voters surveyed supported Amendment One, with 30 percent opposing it.
“More information and messaging reduced down the margin so by the end of the survey the support side leads by 24 points (59 percent favor, 36 percent oppose),” she said of the poll.
Greenberg’s adjusted poll numbers, reflecting the “messaging” that opponents used in the campaign, came close to the 61 percent to 39 percent outcome of the election nearly six months later.
Similar to Lake, Greenberg noted in her memo that opponents of Amendment One would need to invest in an extensive media campaign to educate voters of the harms the amendment would likely cause LGBT people and others.
Kennedy told the Blade that despite the fact that the campaign came close to meeting its $3 million fundraising goal, far more money was needed to educate voters that polls showed would switch from support to opposition of the amendment if they knew it went beyond just banning same-sex marriage.
Rev. Barber of the NAACP said the media were partially responsible for the lack of voter education.
“The folks who brought this forward framed it on whether you support gay marriage on religious grounds,” he said. “And the media fell for this. They should have made it clear that this was a constitutional amendment that would take away rights.”
He added, “The NAACP saw a dangerous pattern. We saw the rights of a minority being put up for a popular vote. The media never asked the right questions.”
Childers of Faith In America said he attempted but did not succeed in persuading the campaign to directly respond to attacks against same-sex marriage by religious groups and leaders. He said Faith In America, which was co-founded by gay businessman Mitchell Gold, believes the opposition vote would have been considerably higher if the campaign addressed the religion issue “head on” in TV and other media ads.
Childers noted that the campaign opposing the amendment, among other things, should have responded to religious leaders’ claims that same-sex marriage is against God’s will. The Rev. Billy Graham was among the religious leaders in the state to come out for the amendment.
When told that sources familiar with the campaign said campaign officials were reluctant to question or challenge voters’ religious beliefs, Childers said, “That’s one of the fallacies that frankly our own community have fallen prey to. Any person that has spent much time at all in a religious environment knows that religious teachings are questioned all the time,” he said.
“If you look at the voice of history it is crystal clear when it comes to misuse of religious teachings to justify prejudice and discrimination against minorities,” Childers said. “We have concluded as a society on a number of occasions that that is simply a moral failing as a society.”
U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
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.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
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.
Massachusetts
EXCLUSIVE: Markey says transgender rights fight is ‘next frontier’
Mass. senator, 79, running for re-election
For more than half a century, U.S. Sen. Edward Markey (D-Mass.) has built a career around the idea that government can — and should — expand rights rather than restrict them. From pushing for environmental protections to consumer safeguards and civil liberties, the Massachusetts Democrat has long aligned himself with progressive causes.
In this political moment, as transgender Americans face a wave of federal and state-level attacks, Markey says this fight in particular demands urgent attention.
The Washington Blade spoke with Markey on Tuesday to discuss his reintroduction of the Trans Bill of Rights, his long record on LGBTQ rights, and his reelection campaign — a campaign he frames not simply as a bid for another term, but as part of a broader struggle over the direction of American democracy.
Markey’s political career spans more than five decades.
From 1973 to 1976, he served in the Massachusetts House of Representatives, representing the 16th Middlesex District, which includes the Boston suburbs of Malden and Melrose, as well as the 26th Middlesex District.
In 1976, he successfully ran for Congress, winning the Democratic primary and defeating Republican Richard Daly in the general election by a 77-18 percent margin. He went on to serve in the U.S. House of Representatives for nearly four decades, from 1976 until 2013.
Markey in 2013 ran in the special election to fill an open Senate seat after John Kerry became secretary of state in the Obama-Biden administration. Markey defeated Republican Gabriel E. Gomez and completed the remaining 17 months of Kerry’s term. Markey took office on July 16, 2013, and has represented Massachusetts in the U.S. Senate ever since.
Over the years, Markey has built a reputation as a progressive Democrat focused on human rights. From environmental protection and consumer advocacy to civil liberties, he has consistently pushed for an expansive view of constitutional protections. In the Senate, he co-authored the Green New Deal, has advocated for Medicare for All, and has broadly championed civil rights. His committee work has included leadership roles on Senate Foreign Relations Committee and the Senate Health, Education, Labor and Pensions (HELP) Committee.
Now, amid what he describes as escalating federal attacks on trans Americans, Markey said the reintroduction of the Trans Bill of Rights is not only urgent, but necessary for thousands of Americans simply trying to live their lives.
“The first day Donald Trump was in office, he began a relentless assault on the rights of transgender and nonbinary people,” Markey told the Blade. “It started with Executive Order 14168 ‘Defending women from gender ideology extremism and restoring biological truth to the federal government.’ That executive order mandates that federal agencies define gender as an unchangeable male/female binary determined by sex assigned at birth or conception.”
He argued that the executive action coincided with a sweeping legislative push in Republican-controlled statehouses.
“Last year, we saw over 1,000 anti trans bills across 49 states and the federal government were introduced. In January of 2026, to today, we’ve already seen 689 bills introduced,” he said. “The trans community needs to know there are allies who are willing to stand up for them and affirmatively declare that trans people deserve all of the rights to fully participate in public life like everyone else — so Trump and MAGA Republicans have tried hard over the last year to legislate all of these, all of these restrictions.”
Markey said the updated version of the Trans Bill of Rights is designed as a direct response to what he views as an increasingly aggressive posture from the Trump-Vance administration and its GOP congressional allies. He emphasized that the legislation reflects new threats that have emerged since the bill’s original introduction.
In order to respond to those developments, Markey worked with U.S. Rep. Pramila Jayapal (D-Wash.) to draft a revised version that would more comprehensively codify protections for trans Americans under federal law.
“What we’ve added to the legislation is this is all new,” he explained, describing how these proposed protections would fit into all facets of trans Americans’ lives. “This year’s version of it that Congresswoman Jayapal and I drafted, there’s an anti-trans bias in the immigration system should be eliminated.”
“Providers of gender affirming care should be protected from specious consumer and medical fraud accusations. The sexual and gender minority research office at the National Institutes of Health should be reopened and remain operational,” he continued. “Military discharges or transgender and nonbinary veterans and reclassification of discharge status should be reviewed. Housing assignments for transgender and nonbinary people in government custody should be based on their safety needs and involuntary, solitary or affirmative administrative confinement of a transgender or nonbinary individual because of their gender identity should be prohibited, so without it, all of those additional protections, and that’s Just to respond to the to the ever increasingly aggressive posture which Donald Trump and his mega Republicans are taking towards the transgender.”
The scope of the bill, he argued, reflects the breadth of challenges trans Americans face — from immigration and health care access to military service and incarceration conditions. In his view, the legislation is both a substantive policy response and a moral declaration.
On whether the bill can pass in the current Congress, Markey acknowledged the political hardships but insisted the effort itself carries as much significance as the bill’s success.
“Well, Republicans have become the party of capitulation, not courage,” Markey said. “We need Republicans of courage to stand up to Donald Trump and his hateful attacks. But amid the relentless attacks on the rights and lives of transgender people across the country by Trump and MAGA Republicans, it is critical to show the community that they have allies in Congress — the Trans Bill of Rights is an affirmative declaration that federal lawmakers believe trans rights are human eights and the trans people have the right to fully participate in public life, just like everyone else.”
Even if the legislation does not advance in this congress, Markey said, it establishes a framework for future action.
“It is very important that Congresswoman Jayapal and I introduce this legislation as a benchmark for what it is that we are going to be fighting for, not just this year, but next year,” he said when asked if the bill stood a legitimate chance of passing the federal legislative office when margins are so tight. “After we win the House and Senate to create a brand new, you know, floor for what we have to pass as legislation … We can give permanent protections.”
He framed the bill as groundwork for a future Congress in which Democrats regain control of both chambers, creating what he described as a necessary roadblock to what he views as the Trump-Vance administration’s increasingly restrictive agenda.
Markey also placed the current political climate within the longer arc of LGBTQ history and activism.
When asked how LGBTQ Americans should respond to the removal of the Pride flag from the Stonewall National Monument — the first national monument dedicated to recognizing the LGBTQ rights movement — Markey was unwavering.
“My message from Stonewall to today is that there has been an ongoing battle to change the way in which our country responds to the needs of the LGBTQ and more specifically the transgender community,” he said. “When they seek to take down symbols of progress, we have to raise our voices.”
“We can’t agonize,” Markey stressed. “We have to organize in order to ensure that that community understands, and believes that we have their back and that we’re not going away — and that ultimately we will prevail.”
Markey added, “That this hatefully picketed White House is going to continue to demonize the transgender community for political gain, and they just have to know that there’s going to be an active, energetic resistance, that that is going to be there in the Senate and across our country.”
Pam Bondi ‘is clearly part’ of Epstein cover up
Beyond LGBTQ issues, Markey also addressed controversy surrounding Attorney General Pam Bondi and the handling of the Epstein files, sharply criticizing the administration’s response to congressional inquiries.
“Well, Pam Bondi is clearly part of a cover up,” Markey said when asked about the attorney general’s testimony to Congress amid growing bipartisan outrage over the way the White House has handled the release of the Epstein files. “She is clearly part of a whitewash which is taking place in the Trump administration … According to the New York Times, Trump has been mentioned 38,000 times in the [Epstein] files which have been released thus far. There are still 3 million more pages that have yet to be released. So this is clearly a cover up. Bondi was nothing more than disgraceful in the way in which she was responding to our questions.”
“I think in many ways, she worsened the position of the Trump administration by the willful ignoring of the central questions which were being asked by the committee,” he added.
‘I am as energized as I have ever been’
As he campaigns for reelection, Markey said the stakes extend beyond any single issue or piece of legislation. He framed his candidacy as part of a broader fight for democracy and constitutional protections — and one that makes him, as a 79-year-old, feel more capable and spirited than ever.
“Well, I am as energized as I have ever been,” he said. “Donald Trump is bringing out the Malden in me. My father was a truck driver in Malden, Mass., and I have had the opportunity of becoming a United States senator, and in this fight, I am looking ahead and leading the way, affirming rights for the trans community, showing up to defend their rights when they are threatened from this administration.”
He continued, reiterating his commitment not only to the trans community but to a future in which progressive and proactive pushes for expanded rights are seen, heard, and actualized.
“Our democracy is under threat from Donald Trump and MAGA Republicans who are trying to roll back everything we fought for and threaten everything we stand for in Massachusetts, and their corruption, their greed, their hate, just make me want to fight harder.”
When asked why Massachusetts voters should reelect him, he said his age and experience as a 79-year-old are assets rather than hindrances.
“That’s exactly what I’m doing and what I’m focused upon, traveling across the state, showing up for the families of Massachusetts, and I’m focused on the fights of today and the future to ensure that people have access to affordable health care, to clean air, clean water, the ability to pay for everyday necessities like energy and groceries.”
“I just don’t talk about progress. I deliver it,” he added. “There’s more to deliver for the people of Massachusetts and across this country, and I’m not stopping now as energized as I’ve ever been, and a focus on the future, and that future includes ensuring that the transgender community receives all of the protections of the United States Constitution that every American is entitled to, and that is the next frontier, and we have to continue to fight to make that promise a reality for that beleaguered community that Trump is deliberately targeting.”
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