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Cicilline fends off challenger in R.I. primary

Election results yield mixed bag for marriage equality prospects

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Gay Rep. David Cicilline defeated his challenger in the Rhode Island Democratic primary on Tuesday. (Blade file photo by Michael Key)

Gay Rep. David Cicilline (D-R.I.) defeated his challenger, businessman Anthony Gemma, to win the Democratic nomination to continue to represent Rhode Island’s 1st congressional district in the U.S. House in Tuesday’s primary.

Local media outlets called the race for Cicilline about an hour after polls closed at 8 p.m. in Rhode Island. With 98 percent of precincts reporting, Cicilline held 61 percent of the vote, compared to the 31 percent claimed by Gemma and 8 percent won by another candidate, Chris Young.

Cicilline faced criticism during the race — even though he’s running in a overwhelmingly “blue” state — as a result of financial difficulties facing the city of Providence, R.I., where Cicilline served as mayor before running for Congress.

A report commissioned by the City Council last year blamed Cicilline’s administration for a lack of transparency and for making a series of moves – like tapping into Providence’s rainy-day fund – without councilors’ approval. The lawmaker apologized in April, saying he should have been more forthright about the financial condition of the city.

Still, Cicilline retained support heading into the primary. The lawmaker was once again endorsed by the Gay & Lesbian Victory Fund. In new campaign ads, former U.S. Rep. Patrick Kennedy, who once held the seat now held by Cicilline, vouched for the out lawmaker’s commitment to public service.

Sexual orientation did come into play during the Democratic primary. According to the Associated Press, Anthony Sionni, an unpaid campaign staffer for the Gemma campaign, compared the openly gay lawmaker on Twitter to convicted child molester and former Penn State coach Jerry Sandusky, saying there’s “nothing wrong with smearing a liar, thief, crook, Sandusky copy cat.” The state Democratic Party had called for Gemma to fire Anthony Sionni, apologize to Cicilline and disavow the message. In response, a Gemma campaign spokesperson reportedly said the tweet was “inappropriate” and Sionni agreed to leave the campaign.

Cicilline was running against a primary opponent who largely self-financed his campaign. According to Federal Election Commission reports, 80 percent of the $315,000 that Gemma raised was from him contributing or lending his money to his own campaign. In comparison, all the $1.7 million that Cicilline raised for his campaign was the result of outside contributions.

But Cicilline isn’t out of the woods in his bid to retain his U.S. House seat. He’s facing a challenge in the general election from Republican Brendan Doherty, a retired high-ranking police officer and former superintendent of Rhode Island’s Department of Public Safety.

According to a poll published by Rhode Island’s WPRI late last month, 52 percent of Gemma supporters said they’d back Doherty in the general election if the Democratic challenger lost the primary. Compared to the $1.7 million that Cicilline has raised, Doherty has $1.1 million in total net receipts. About five percent, or $50,000, of Doherty’s net receipts are from self-financing.

Chuck Wolfe, the Victory Fund’s CEO, said the choice is clear on LGBT issues heading into the general election because Doherty supports the Defense of Marriage Act, an anti-gay law that prohibits federal recognition of same-sex marriage.

“We’re pleased that Rhode Island Democrats have once again chosen David Cicilline to represent them in Congress,” Wolfe said. “Now voters will face a clear choice this November between a persistent champion for LGBT equality, and an opponent who supports the Defense of Marriage Act, which makes life harder for so many American families.”

The Victory Fund is citing the website Electful.com, which keeps track of candidates’ positions on issues, as the source for Doherty’s support for DOMA. On the other hand, Cicilline is an original co-sponsor of DOMA repeal legislation known as the Respect for Marriage Act.

The Democratic primary produced mixed results in terms of electing candidates who support marriage equality. One lesbian candidate, Laura Pisaturo, narrowly lost her bid to unseat a Democratic lawmaker who opposes same-sex marriage.

Many incumbent Democrats who support marriage equality fended off challenges from candidates who oppose it. Among those incumbents were State Sen. Ryan Pearson, State Rep. Arthur Handy, State Rep. Greg Amore, State Rep. Joseph Almeida, and State House Majority Whip Patrick O’Neill.

But in primaries in which pro-marriage equality challengers were running against incumbent Democrats who oppose it, the pro-LGBT side only won a single primary. Democrat Adam Satchell, a teacher and proponent of marriage equality, beat an incumbent Democrat who opposes same-sex marriage, State Sen. Michael Pinga.

Still, the outcome means a net gain of one vote in the State Senate at a time when legislation to enact same-sex marriage in the Ocean State is expected to advance next year.

In a competitive primary in State Senate District 29, incumbent State Sen. Michael McCaffrey, an opponent of marriage equality, won against Pisaturo, who was endorsed by the Victory Fund. McCaffrey had a narrow win against Pisaturo, taking 53 percent of the vote compared to Pisaturo’s 47 percent.

McCaffrey, chairs Rhode Island’s Senate Judiciary Committee, and, even though he’s a Democrat, has never allowed pending same-sex marriage legislation to advance in his committee. During a TV debate last month, McCaffrey said he “believes that marriage is between a man and a woman.”

Ray Sullivan, campaign director of Marriage Equality Rhode Island, said his organization is “incredibly proud” of the campaign Pisaturo waged despite her loss.

“We’re proud to have been a part of it,” Sullivan added. “She talked about issues that were important to people in that district, and if we had it to do all over again, we would absolutely stand with her.”

Asked whether marriage equality legislation can still advance, Sullivan said he intends to take McCaffrey “at his word” when the Democrat said during an earlier debate he’ll allow a vote on same-sex legislation in his committee despite his opposition to same-sex marriage.

“When we win a number of these races in the general election and we elect a pro-equality majority in the Senate in the general election, we expect Sen. McCaffrey to honor that commitment, and we look forward to scheduling a committee vote on marriage equality in the Senate Judiciary Committee,” Sullivan said.

In an interview with Washington Blade last week during the Democratic National Convention, Rhode Island Gov. Lincoln Chafee, a supporter of marriage equality, said the election of Pisaturo would be “pivotal” in determining whether same-sex marriage legislation would be able to advance in the Rhode Island legislature.

Other Senate races had disappointing outcomes for marriage equality proponents. Same-sex marriage opponent State Sen. Marc Cote won his primary against challenger Lewis Pryeor, who supports same-sex marriage. Similarly, marriage equality opponent State Sen. Daniel DaPonte won over challenger and marriage equality supporter Roberto DaSilva.

One race in which there was no incumbent also yielded a loss for marriage equality supporters. In State Senate District 26, Gene Dyszlewski, who supports marriage equality, lost to Frank Lombardi, who opposes same-sex marriage.

In State Senate District 33, David Gorman, a Democratic supporter of marriage equality, lost to Leonidas Raptakis, a Democratic opponent of gay nuptials. But the result in that race is a wash in that district because the incumbent Republican, State Sen. Glenford Shibley, opposes marriage equality.

According to WPRI, a group known as People for Rhode Island’s Future spent $26,500 earlier this month to elect six pro-marriage equality candidates in the Democratic primary. That group reportedly received a $20,000 donation to make that happen from Tim Gill, a gay Denver-based entrepreneur and philanthropist known for working to advance marriage equality, as well as $15,000 from Esmond Harmsworth, a Newport, R.I., resident and founding partner of Boston literary agency Zachary Shuster Harmsworth Literary Agency.

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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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