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Heitkamp, Donnelly come out for same-sex marriage

Support caps off week of string of announcements

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Joe Donnelly, Heidi Heitkamp, Indiana, North Dakota, United States Senate, Democratic Party, gay news, Washington Blade
Joe Donnelly, Heidi Heitkamp, Indiana, North Dakota, United States Senate, Democratic Party, gay news, Washington Blade

Sens. Joe Donnelly and Heidi Heitkamp (D-N.D.) have come out for same-sex marriage (Photos public domain)

A pair of newcomers to the Senate Democratic caucus who hail from what are considered “red” states have become the latest in ongoing trend of U.S. senators coming out for marriage equality.

In separate statements on Friday morning, Sens. Heidi Heitkamp (D-N.D.) and Joe Donnelly (D-Ind.) made their announcements in support for same-sex marriage.

Heitkamp, who issued a statement on her website, based her new support for same-sex marriage on the belief that the federal government shouldn’t be able to discriminate against gay couples.

“In speaking with North Dakotans from every corner of our great state, and much personal reflection, I have concluded the federal government should no longer discriminate against people who want to make lifelong, loving commitments to each other or interfere in personal, private, and intimate relationships,” Heitkamp said. “I view the ability of anyone to marry as a logical extension of this belief. The makeup of families is changing, but the importance of family is enduring.”

In an announcement via Facebook, Donnelly also said he’s concluded that same-sex couples should be able to marry while touting his LGBT record in his previous role as a U.S. House member as well as opposition to constitutional amendments — within Indiana and at the federal level — banning same-sex marriage.

“With the recent Supreme Court arguments and accompanying public discussion of same-sex marriage, I have been thinking about my past positions and votes,” Donnelly said. “In doing so, I have concluded that the right thing to do is to support marriage equality for all.”

But Donnelly has a less than stellar voting record on LGBT issues. On one hand, He voted for “Don’t Ask, Don’t Tell” repeal in May 2010 even before the Pentagon issued its report on open service. On the other, Donnelly voted for a version of the Employment Non-Discrimination Act in 2007, but only after voting “yes” on the motion to recommit, which would have killed the bill. Donnelly voted against hate crimes protection legislation in 2010.

Heitkamp and Donnelly’s support means only four Democratic senators haven’t made announcements in favor of marriage equality: Sens. Mark Pryor (D-Ark.), Joe Manchin (D-W.V.), Mary Landrieu (D-La.) and Tim Johnson (D-S.D.). Virtually the entire Republican caucus hasn’t made any announcements in favor of marriage equality — with the exception of Sens. Rob Portman (R-Ohio) and Mark Kirk (R-Ill.), as we reported previously.

Their announcements also cap off a week in which a total of six U.S. senators have announced their support for marriage equality. Heitkamp and Donnelly are joining Kirk, Bob Casey (D-Pa.), Tom Carper (D-Del.) and Bill Nelson (D-Fla.).

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Rehoboth Beach

BLUF leather social set for April 10 in Rehoboth

Attendees encouraged to wear appropriate gear

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Diego’s in Rehoboth Beach will host a BLUF leather social on Friday, April 10 at 5 p.m. (Blade file photo by Michael Key)

Diego’s in Rehoboth Beach hosts a monthly leather happy hour. April’s edition is scheduled for Friday, April 10, 5-7 p.m. Attendees are encouraged to wear appropriate gear. The event is billed as an official event of BLUF, the free community group for men interested in leather. After happy hour, the attendees are encouraged to reconvene at Local Bootlegging Company for dinner, which allows cigar smoking. There’s no cover charge for either event.

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District of Columbia

Celebrations of life planned for Sean Bartel

Two memorial events scheduled in D.C.

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(Washington Blade file photo by Michael Key)

Two celebrations of life are planned for Sean Christopher Bartel, 48, who was found deceased on a hiking trail in Argentina on or around March 15. Bartel began his career as a television news reporter and news anchor at stations in Louisville, Ky., and Evansville, Ind., before serving as Senior Video Producer for the D.C.-based International Brotherhood of Electrical Workers union from 2013 to 2024.

A memorial gathering is planned for Friday, April 10, 11:30 a.m.-1:30 p.m. at the IBEW International Office (900 7th St., N.W.), according to a statement by the DC Gay Flag Football League, where Bartel was a longtime member. A celebration of life is planned that same evening, 6-8 p.m. at Trade (1410 14th St., N.W.). 

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Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

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(Photo by Sergei Gnatuk via Bigstock)

Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.

That has now changed.

Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.

This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.

The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.

Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.

The issue lies in how the law is applied.

Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.

Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.

The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.

The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.

This case does not exist in isolation.

It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.

Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.

From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.

The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.

Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.

That process does not guarantee an immediate outcome, but it shifts the ground.

The debate is no longer theoretical.

It is now before the courts.

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