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Marriage equality at stake in N.H. gubernatorial race

Hassan, Lamontagne in close battle

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Gay News, Washington Blade, Gay Marriage, Charlie Bass

Republican N.H. gubernatorial candidate Ovide Lamontagne (left) and Democratic N.H. candidate Maggie Hassan (right) (Photo courtesy wikimedia)

The outcome of the gubernatorial race in New Hampshire could be crucial in determining the fate of marriage equality in the state, which was the first to have a governor sign it without it being taken away through referendum.

A victory for the GOP candidate, attorney Ovide Lamontagne, would likely mean Republicans in the state legislature would only need a majority vote to repeal marriage rights for gay couples. Previously, they needed a supermajority to override the veto of Democrat Gov. John Lynch as they would if the Democrat seeking to replace him, former State Senate Majority Leader Maggie Hassan, wins the governor’s race.

Ray Buckley, who’s gay and chair of the New Hampshire Democratic Party, said the gubernatorial contest is the prime focus in New Hampshire for Democrats because they’re unlikely to regain a majority in the legislature after Republicans won a supermajority following the 2010 election.

“Simply put, marriage is at stake,” Buckley said. “The priority here really has to be the governor’s office, and if there’s one candidate in New Hampshire that is more extreme than Ovide Lamontagne when it comes to social issues — whether reproductive issues or marriage equality — I’ve never heard of him. He is a far-right zealot and he would actively work towards repealing the law. All they would need is a one-vote victory in both chambers.”

At the start of this year, LGBT advocates feared that the Republican supermajority would muster enough votes to override a veto of a measure to repeal the same-sex marriage law, which was signed by Gov. John Lynch in 2009. But lawmakers didn’t even send the bill to the governor. In March, the New Hampshire House rejected a measure to repeal marriage equality by a vote of 211-116. Still, many political observers say lawmakers did so because they didn’t believe they had enough have votes to overcome the governor’s veto and would revisit the issue if they only needed a bare majority to repeal it.

The gubernatorial candidates have offered distinct views on marriage equality over the course of their campaigns, although the degree to which Lamontagne would push for repeal of same-sex marriage remains uncertain.

Hassan’s support for marriage equality can be found on her website, where she touts her leadership in passing the legislation in 2009 before she ultimately lost her seat to a Republican in 2010. Marc Goldberg, a Hassan spokesperson, assured the Blade via email she would veto any measure to repeal same-sex marriage.

“Maggie believes in the rights of all citizens to participate fully in the civic and economic life of our communities,” the website states. “In the State Senate, she was instrumental in passing marriage equality in New Hampshire. The Concord Monitor reported ‘Hassan helped gay marriage pass the Senate by crafting an amendment that won over hesitant senators. Former state representative Jim Splaine, who sponsored the legislation, said Hassan was able to find a consensus among Democratic senators that the existing civil union law was not sufficient.'”

Lamontagne’s views on marriage equality aren’t found on his website, but his public statements on the issue have been recorded by news outlets. His campaign wouldn’t immediately respond to the Washington Blade’s request for comment on marriage.

Asked about marriage equality by students at Central High School in May, Lamontagne reportedly said he opposes same-sex marriage, but suggested it wasn’t a priority for him. According to the New Hampshire Union Leader, Lamontagne said at the time, “I am a social conservative, and I believe in traditional marriage, but I’m not running to deal with that issue.”

But that differed from what Lamontagne declared at a Tea Party rally in March, when he positioned himself as a strong opponent of marriage equality. According to the Nashua Telegraph, Lamontagne told the crowd, “If Gov. Lynch prevents a return to traditional marriage, you can count on me to aggressively work to make this happen once I’m governor.”

Polls show a tight race, although Hassan seems to enjoy a slight lead in the days prior to Election Day. An NBC News/WSJ/Marist poll published Wednesday gave Hassan a five-point lead over Lamontagne. But a New England College poll published Monday found the race was a dead heat with Hassan and Lamontagne both winning 45 percent of support.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, emphasized the importance of electing Hassan to ensure marriage equality remains the law in New Hampshire.

“New Hampshire’s marriage equality law remains very popular in the state but some leaders are determined to reverse progress,” Cole-Schwartz said. “It’s essential that we elect Maggie Hassan as governor to ensure that the state continues to respect all loving and committed couples.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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