National
Gay New Yorker in tight race with GOP incumbent
Maloney seeks to oust Hayworth; race a ‘tossup’
Sean Patrick Maloney has ambitious goals for someone in a tight race seeking his first term in Congress. His priorities upon taking office would be “getting Congress working for people who need it working in their lives.”
“I think the most important thing right now is that too many voices aren’t being heard in Congress — the middle class, working people and people who care about equality, care about a future where we all count, we all work together,” Maloney said.
He’s seeking to unseat freshman Rep. Nan Hayworth (R-N.Y.) to represent New York’s 18th congressional district.
Maloney, who if elected would be the first openly gay member of Congress from New York, touted his previous work in Washington. He was a senior West Wing adviser in the Clinton administration and was first deputy secretary for former New York Gov. Eliot Spitzer.
“I know my way around Washington, and I’ve spent years working on different types of policies and partnerships in people in state government, people in local government, with the private sector,” Maloney said. “And so, I think I bring a set of relationships to the job that is unique for a freshman member, and a degree of experience in how Washington works when it’s working well.”
While he acknowledged the importance of having a Democratic majority in the U.S. House that “cares about LGBT people,” Maloney said he sees an opportunity for passage of pro-LGBT legislation even if Republicans remain in power — provided what he called the “extreme wing” of the party isn’t in control.
Maloney said New York could serve as an example because marriage equality legislation was passed in a Republican-controlled Senate under the leadership of Gov. Andrew Cuomo. The House candidate took credit for helping draft the New York marriage equality bill under the Spitzer administration, but said he wasn’t involved in the process of moving the law through in 2011.
“New York is the example,” Maloney said. “New York is where Democrats and Republicans have figured out how to work together on issues of LGBT equality. We don’t — look, you’ll never get everybody, but I do believe the day is coming when moderate voices, people who care about equality within the Republican Party will begin working with those of us who have been fighting for years on these issues.”
National LGBT groups are backing Maloney in pursuit of his U.S. House seat, including the Human Rights Campaign and the Gay & Lesbian Victory Fund.
Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said his organization is working to help Maloney win.
“Sean Patrick Maloney is a wonderful candidate and will be a tremendous leader in the House,” Cole-Schwartz said. “HRC is committed to helping him win and we’re encouraging our members to support his campaign through our candidate fundraising tool at www.hrc.org/candidates.”
Maloney said he supports pro-LGBT legislation that Congress has yet to pass — including the Uniting American Families Act and the Employment Non-Discrimination Act — in addition to repeal of the Defense of the Marriage Act.
“I think a lot of us hope that the Supreme Court will establish as it did in the area of interracial marriage that denying equal marriage rights to same-sex couple is a violation of the federal Constitution as applied to the states, and so you’ll get a national constitution grounding for marriage,” Maloney said. “But Congress certainly has a role to play. We absolutely should repeal DOMA.”
Maloney also called on President Obama to revisit the idea of issuing an executive order that would bar federal contractors from discriminating in the workplace against LGBT people, saying the White House announcement in April that the order wouldn’t happen at this time “was a mistake.”
“I was disappointed that the White House made that decision,” Maloney said. “And I say that as someone who gives the president a great deal of credit for the position he took on marriage, which was historic, and for putting marriage equality front and center at the Democratic National Convention.”
Maloney lives in Cold Springs, N.Y. He has been with his partner, Randy Florke, a Realtor, since 1992 and they have three children: Jesús, Daley, and Essie. They also have homes in Sullivan County and New York City.
The contest to represent New York’s 18th congressional district is tight. Polls in recent weeks have showed Maloney running even with Hayworth, or slightly behind. A Public Policy Polling survey published Sept. 21 found Maloney and Hayworth both receiving 43 percent of support, while 14 percent were undecided.
Jessica Taylor, a senior analyst for the Rothenberg Political Report, ranked the race as a “pure toss-up” because even though being an incumbent would give her an advantage, Hayworth won her seat in a good Republican year, and the district is generally Democratic and would probably see more Democratic turnout in the presidential election.
“I think it’s going to be a really close battle,” Taylor said. “Her first ad against Maloney hits him on how he just moved into the district. I think that could be an effective strategy, but also, this is not a new thing for New York — people first living in the city and moving out to the suburban areas.”
During the Blade interview, Maloney criticized Hayworth, calling her “one of the most extreme members of Congress” and saying she’s “out of step with her district” for supporting legislation put forward by House Republican leaders.
“She wants to end Medicare and give massive tax cuts to multi-millionaires like herself,” Maloney said. “She wants to defund Planned Parenthood. She wants to deny women access to contraception. … On issue after issue that is important to LGBT equality, that is important to the middle class that is important to women’s rights and women’s health, she has been an extreme conservative.”
But Hayworth has a fairly good record on LGBT issues during her first term in Congress. A member of the LGBT Equality Caucus, Hayworth voted against three amendments on the House floor that reaffirmed the Defense of Marriage Act. She’s also a co-sponsor of ENDA and the Domestic Partner Tax Parity Act, which would end the tax penalty by individuals who receive health insurance for their partners from their employers.
R. Clarke Cooper, executive director of the Log Cabin Republicans, praised Hayworth’s action on LGBT issues upon taking her House seat. The organization as of Tuesday hasn’t endorsed Hayworth.
“When Nan Hayworth came to Congress as a freshman in 2011, she quickly distinguished herself by becoming Deputy Majority Whip and joining the bi-partisan LGBT Equality Caucus,” Cooper said. “Her active presence among her peers in the House and within the House Republican leadership is critical to advancing equality, restoring fiscal discipline and maintaining a majority in the Congress.”
Hayworth has a gay son, Will Hayworth, who lives in D.C. According to his website, he studied economics and computer science at Bard College and has experience as a research intern covering monetary policy at libertarian think-tank called the Cato Institute. He identifies as “a registered Republican with very, very libertarian leanings.”
But Maloney was unimpressed with Hayworth’s actions and called on her to articulate her position on marriage equality — which he said 60 percent of his district supports — and say whether she wants to repeal DOMA.
“It’s real simple,” Maloney said. “All she has to do is say she supports marriage equality and repeal of DOMA. She won’t. So, talk is cheap, procedural votes are cheap. When the rubber meets the road, she is not our friend. She is terrible on LGBT equality and I’ve been working on these issues for 20 years of my life. So, I would invite her to — and you should ask her — does she support marriage equality? Will she support the repeal of DOMA? She won’t. I will. That’s the choice.”
The Blade attempted to speak with the Republican lawmaker during the Log Cabin’s “Spirit of Lincoln” awards dinner in D.C. on Sept. 20 — which she attended with her son Will Hayworth — about her position on marriage equality and DOMA, but she refused to take questions. Requests to comment for this article weren’t returned by Hayworth’s campaign or her office.
Maloney said he’s aware Hayworth has a gay son. Asked whether that heightens the need for her to address her positions on LGBT issues, Maloney replied, “All that we have is her record, and she will not say that she supports marriage equality and she will not support the repeal of DOMA. Why she believes that, what she really believes, you’ll have to ask her. I’m not qualified to speak to anything other than what her record is as a member of Congress. And her record is terrible for the most important issue for our community: She is not our friend on marriage equality.”
Erica Deuso will become the first openly transgender mayor in Pennsylvania.
Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.
Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.
Deuso released a statement following her election, noting that “history was made.”
“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”
According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.
Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.
“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.
Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.
Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.
“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”
Deuso will be sworn in as mayor on Jan. 7.
U.S. Supreme Court
LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’
Experts insist Kim Davis case lacks merit
The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.
Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.
She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.
The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.
Loewy began by explaining how the court got to where it is today.
“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”
Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.
“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”
That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.
“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”
She also noted that public opinion on same-sex marriage remains overwhelmingly positive.
“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”
“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”
A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.
“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”
Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.
“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”
She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.
“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”
Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.
“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”
“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.
When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.
“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”
Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:
“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.
“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”
He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.
“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”
He also addressed members of the LGBTQ community who might be feeling fearful at this moment:
“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”
And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.
“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”
Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.
“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.
“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.
“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”
Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:
“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.
President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”
The White House only recognizes two genders: male and female.
The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.
A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.
A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)
“This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”
Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.
The Supreme Court ruling is here.
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