National
Election Day brings more out gays to Congress
But balance of power will likely prevent action on LGBT bills


Sean Patrick Maloney was among the openly gay people elected to Congress (Washington Blade file photo by Michael Key)
The results on Election Day were hailed as a milestone as a record number of openly LGBT people were elected to Congress, although prospects for the passage of pro-LGBT legislation next year don’t look promising.
In addition to re-electing President Obama and approving the marriage equality side on ballot initiatives in four states, voters elected at least six openly LGB lawmakers to Congress in addition to electing pro-LGBT lawmakers like Elizabeth Warren in Massachusetts and Sherrod Brown in Ohio.
Tammy Baldwin made history by becoming the first openly gay person elected to the U.S. Senate (see related story) as incumbent Reps. Jared Polis (D-Colo.) and David Cicilline (D-R.I.) were re-elected. Joining them will be Sean Patrick Maloney, who’ll be the first openly gay congressman from New York; Mark Pocan, who’ll occupy the seat Baldwin held in the House; and Mark Takano, a California Democrat who’ll be the first openly gay person of color elected to Congresss.
As of press time, the race to represent Arizona’s 9th congressional district between bisexual Democratic candidate Kyrsten Sinema and Republican Vernon Parker wasn’t yet called. However, Sinema maintained a slim lead in the votes that were already tabulated. If elected, Sinema would be the first bisexual member of Congress.
Chuck Wolfe, CEO of the Gay & Lesbian Victory Fund, acknowledged the night resulted in historic wins in terms of LGBT representation at the federal level of U.S. government.
“It’s without a doubt historic,” Wolfe said. “I think you can talk about the fact that it was history-making, and those that won will be making history for years to come.”
The election results means Congress will look very different in terms of LGBT representation in the wake of Rep. Barney Frank’s (D-Mass.) retirement and Baldwin leaving the House for the Senate. The results also mean that number of openly gay House members will go from four to at least six.
Gay candidates who didn’t win were Republican Richard Tisei, who lost his bid to unseat pro-LGBT Rep. John Tierney (D-Mass.), and lesbian Democrat Nicole LaFavour, who lost her bid to unseat Rep. Mike Simpson (R-Idaho). LaFavour wasn’t endorsed by the Victory Fund.
Despite the excitement, the Election Day results in some respects resulted in the status quo for the legislative and executive branch of the U.S. government from what existed after the 2010 election when no pro-LGBT legislation passed Congress. Democrats retained control of the White House and the Senate, while Republican remain in control of the House.
As of press time, the Senate was poised to have 54 senators caucus with the Democrats and 45 senators caucus with the Republicans, although the Senate race in North Dakota remained too close to call. That would mean a net gain of one Democrat in the Senate. In the House, Republicans retained control of the chamber, but had a slimmer majority of 232 seats while Democrats claimed 191 seats — with 12 races being too close to call.
Chad Griffin, president of the Human Rights Campaign, acknowledged in a conference call with reporters on Wednesday that these results still mean a pro-LGBT majority doesn’t exist in Congress, making the passage of favorable legislation difficult.
On the issue of federal workplace non-discrimination protections, which remain an outstanding issue for the LGBT community, Griffin said in response to a question from the Washington Blade the votes won’t be there to pass legislation known as the Employment Non-Discrimination Act.
“We need to acknowledge that although we certainly made some gains in the Senate, and potentially some gains in the House, we are still short of having a vote for an inclusive ENDA in the House,” Griffin said. “We need to be realistic about that.”
Griffin said “more successes could be seen” on the state and local level and called on the White House to revisit the idea of an executive order barring federal contractors from discriminating against LGBT people, which it said in April it wouldn’t issue at the time.
“It is my hope and belief that we can get an executive order out of this White House,” Griffin said. “It is something that should be done and we will continue to urge our newly re-elected president to do. That would not be the full solution, but it would be a step toward the end goal.”
Tico Almeida, president of Freedom to Work and one of the leading advocates of the executive order, also said it’s time for the White House to reconsider to its decision in the wake of the Election Day results.
“Yesterday was a turning point for our LGBT movement and President Obama has proven that elected officials can stand strongly on the side of LGBT fairness without fear of voter backlash,” Almeida said. “We will continue to push for the president to sign the executive order as soon as possible because every day that passes is another day in which taxpayer money can be squandered on anti-LGBT workplace harassment and discrimination.”
Asked whether the White House would revisit this idea, Shin Inouye, a White House spokesperson said, “I have no updates for you on that issue.”
Almeida also said action could be seen in the Senate to pass ENDA and called for a hearing, mark-up, and full Senate vote in 2013 when lawmakers convene at the start of the next Congress.
“One lesson from recent LGBT advocacy efforts is that we should not wait until the second year of a congressional session to move legislation forward because that’s when some elected officials start getting nervous about the upcoming election and the legislative clock starts to run out of legislative days,” Almeida said.
In the addition to workplace non-discrimination protections, action could be done at the federal level to repeal the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage. Griffin said during the conference call HRC would “continue to push forward” in Congress, but expressed skepticism about passage of any legislation.
“We do have to remember the leadership in the House of Representatives is not a pro-equality set of leaders, so we still have a lot of work to do there, but I can believe we can continue this momentum,” Griffin said.
Griffin placed greater emphasis action from the Supreme Court, which on Nov. 2o will determine whether it will take up litigation challenging California’s Proposition 8 and Section 3 of DOMA. If the court declines to hear the Prop 8 case, it would mean same-sex marriage would almost immediately return to California.
Another question is which states will advance pro-LGBT legislation or relationship recognition bills in the wake of the Election Day results. Griffin said he expects progress there, but said it’s “very early” to determine which states will see action.
Federal Government
RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth
‘Discredited junk science’ — GLAAD

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.
The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.
“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”
While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.
The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”
Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.
“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”
GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”
Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.
“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.
“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.
“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”
“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”
“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.”
Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.
“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”
The White House
Trump nominates Mike Waltz to become next UN ambassador
Former Fla. congressman had been national security advisor

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.
Waltz, a former Florida congressman, had been the national security advisor.
Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.
“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”
Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”
“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.
Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
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