National
Baldwin makes history with Senate victory in Wis.
Becomes first openly gay U.S. senator

Senator-elect Tammy Baldwin defeated former Wisconsin Gov. Tommy Thompson this week. (Washington Blade file photo by Michael Key)
In an historic first, lesbian Rep. Tammy Baldwin won her race for the U.S. Senate from Wisconsin Tuesday night, becoming the first openly gay person to serve in the Senate.
With 99 percent of precincts reporting Wednesday morning, Baldwin was ahead of former Wisconsin Gov. Tommy Thompson by a 51 percent to 46 percent margin.
“I am honored and humbled and grateful,” Baldwin said in election night remarks. “And I am ready to get to work, ready to stand with President Barack Obama, ready to fight for Wisconsin’s middle class!”
LGBT organizations throughout the country hailed Baldwin’s victory as an important milestone in the LGBT rights movement.
“This is a historic victory not only for the people of Wisconsin, but for lesbian, gay, bisexual and transgender Americans across the country who have finally gained an authentic and powerful voice in Congress’ upper chamber,” said Chuck Wolf, president and CEO of the Gay and Lesbian Victory Fund, which provided financial support for Baldwin’s campaign.
“Tonight Tammy shattered a glass ceiling that has existed for more than two centuries, and we could not be more thrilled,” Wolf said.
Baldwin’s supporters in Wisconsin noted that she also broke another barrier by becoming the first woman to be elected to the U.S. Senate from Wisconsin.
Chad Griffin, president of the Human Rights Campaign, which also provided financial support and field workers to assist Baldwin’s campaign, said Baldwin succeeded in drawing support from voters on a wide range of issues.
“With a relentless focus on the issues that matter to most Wisconsin voters – economic security, access to healthcare and fairness and inclusion for all,” Griffin said, “she’s earned the respect of all her constituents, gay and straight.”
As of Wednesday afternoon, the election division of the Wisconsin Government Accountability Board, which runs the state’s elections, reported that Baldwin received 1,533,868 votes, or 51 percent of the total. The board reported that Thompson received 1,370,664 votes, at 46 percent.
Two other candidates received a combined total of 3 percent of the vote, the board reported.
Early polls showed Thompson with a slight lead over Baldwin shortly after Thompson won the GOP nomination in a primary in August. By the middle of September, polls showed Baldwin in the lead, but the size of her lead narrowed by late October, with some pollsters saying the two candidates were in a statistical tie going into Tuesday’s election.
Baldwin’s quest to become the nation’s first openly gay U.S. senator captured the attention of the LGBT people across the country, many of whom contributed money to Baldwin’s campaign.
She also received backing from the Democratic Senatorial Campaign Committee and other Democratic leaning groups, including labor unions, environmental organizations and the women’s advocacy group Emily’s List.
In 1998, Baldwin became the first openly gay non-incumbent to win election to the U.S. House when she won her race for Wisconsin’s Second Congressional District in which the state capital of Madison is located.
In her seven terms in Congress, Baldwin became known as one of the strongest advocates of LGBT rights in the House as well as one of the strongest champions of progressive causes and policies.
Thompson, whose supporters describe him as a moderate, served as governor of Wisconsin between 1987 and 2001. He served as Secretary of the U.S. Department of Health and Human Services in the Bush administration from 2001 to 2005. He became a candidate for the Republican presidential nomination in 2008 but dropped out of the race before the start of the primaries.
Thompson has said he personally opposes same-sex marriage and supports the Defense of Marriage Act, which defines marriage under federal law as a union only between a man and a woman. But he has said he doesn’t favor a constitutional amendment to ban marriage equality and favors leaving same-sex marriage decisions to the states.
He has said he opposes workplace discrimination based on someone’s sexual orientation but has not said whether he would support federal legislation to ban anti-LGBT discrimination in the workplace.
Although Wisconsin members of the gay Republican group Log Cabin Republicans supported Thompson, the national Log Cabin organization, which endorsed GOP presidential candidate Mitt Romney for president, didn’t endorse Thompson.
“We endorsed candidates that engaged with us and asked for our endorsement,” said Log Cabin president R. Clarke Cooper, who noted that the group endorsed just four U.S. Senate candidates this year.
The outcome of Tuesday’s Senate election in Wisconsin marked the end of a bruising campaign, which the Milwaukee Journal Sentinel says may have broken a national record for the most negative TV ads of any U.S. Senate campaign in the state and possibly in the nation.
The Journal Sentinel reports that both Baldwin and Thompson appear to have lashed out at each other with equal force, with some independent observers saying some of the ads from both sides included misleading information.
None of the Thompson attack ads appear to have singled out Baldwin based on her sexual orientation.
However, in at least one instance, a Thompson campaign official sent an email to the news media in early September, one day before Baldwin spoke before the Democratic National Convention in Charlotte, N.C., highlighting Baldwin’s appearance at an LGBT Pride festival in Madison several years earlier.
The email, sent by Thompson campaign staffer Brian Nemoir, included an attached YouTube video showing Baldwin waiving her arms while dancing on a stage with the popular Wisconsin rock band V05. Some of the band members were dressed in Wonder Woman costumes as the band played the theme song for the Wonder Woman TV series.
Nemoir stated in his email that Baldwin was scheduled to discuss “heartland values” in her Democratic Convention speech.
“Clearly, there’s no one better positioned to talk ‘heartland values’ than Tammy,” he said sarcastically in the email.
Baldwin supporters called the email a form of gay baiting, saying it was an attempt to question Baldwin’s values because she appeared at an LGBT Pride event. A Thompson campaign spokesperson said Nemoir was acting as an individual and not on behalf of the campaign when he sent the email and video.
While the Thompson campaign’s negative TV ads steered clear of Baldwin’s sexual orientation, they sought to portray her as an ultra liberal politician out of touch with the needs of the state and the country.
One ad pointed to Baldwin’s longstanding support for a single payer health insurance system, quoting her as saying several years ago that the single payer system she supported is a “government takeover of medicine.” Another ad noted that Baldwin voted four times against economic sanctions for Iran, criticizing her judgment on a key foreign policy issue.
Baldwin responded to the health insurance attack by saying she voted for and continues to support the Affordable Care Act, President Obama’s health insurance reform measure that Congress passed two years ago. She said her support for a single payer system was “moot” since the Obama measure is about to be implemented.
She said she voted against sanctions for Iran at a time when she was hopeful that dissident groups in Iran would overturn Iran’s government and establish a true democratic system. She said she began voting for sanctions after determining that the opposition forces didn’t have the strength to change the government.
A Thompson campaign attack ad that drew expressions of outrage from Baldwin’s campaign and its supporters showed video footage of the devastation of the World Trade Center in New York following the Sept. 11, 2001 terrorist attacks and denounced Baldwin for voting against a 2006 House resolution honoring victims of the attacks.
Baldwin said she voted for at least four other 9/11 resolutions honoring victims of the terrorist attacks but voted against the 2006 resolution because it included other provisions on unrelated issues with which she disagreed.
In her own TV ads, Baldwin fired back at Thompson, citing reports by New York firefighters saying the U.S. Department of Health and Human Services, which Thompson headed at the time of the 9/11 attacks, was slow in responding to firefighters’ calls for assistance for their illnesses believed to be caused by the fumes and contaminated dust that engulfed them while responding to the World Trade Center disaster.
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.
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

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.

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.
