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10 years later, another Supreme wait

Attorneys for landmark gay rights cases compare their significance to pending lawsuits

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Mary Bonauto, Paul Smith, gay news, Washington Blade
The U.S. Supreme Court (Washington Blade file photo by Michael Key)

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

Expectations are high as the wait continues for two decisions expected in June on marriage cases before the U.S. Supreme Court, just as they were 10 years ago when gay rights supporters awaited what amounted to landmark rulings in two other cases.

In 2003, two cases reshaped the landscape for gay rights: the U.S. Supreme Court decision in Lawrence v. Texas, which struck down state sodomy laws throughout the country, and the Massachusetts Supreme Court decision in Goodridge v. Department of Public Health, which for the first time led to the legalization of marriage equality in a U.S. jurisdiction.

The two cases currently before the court — Hollingsworth v. Perry, which aims to strike down California’s Proposition 8, and United States v. Windsor, which is challenging the Defense of Marriage Act — are different in many respects from the cases 10 years ago. Lawrence was related to sodomy laws and Goodridge was a state lawsuit that resulted in a change only in Massachusetts. Still, they’re similar in terms of their potential significance.

The two attorneys who made arguments before the courts in the decades-old lawsuits — in the Goodridge case, Mary Bonauto, civil rights director for Gay & Lesbian Advocates & Defenders, and, in the Lawrence case, Paul Smith, a partner at Jenner & Block — acknowledged the magnitude of the cases both then and now, but said it’s hard to compare the significance of the older ones to the newer ones.

Smith said we won’t know the significance of the DOMA and Prop 8 cases until the Supreme Court rules on them, but touted the Lawrence decision striking down sodomy bans across the country as significant in any event.

“It provided the foundation for all the progress that has been made on marriage and other forms of discrimination over the past 10 years,” Smith said. “It did that by establishing that our relationships are just as important and valuable as different-sex relationships and by saying that the government can’t use morality as a justification for interfering with individual choices about who to love and how. With those principles in place it’s very hard for anyone to come up with a legitimate and persuasive justification for discrimination based on sexual orientation.”

Similarly, Bonauto said “it’s not really easy” to compare the significance of the Goodridge case to the Perry and Windsor lawsuits, recalling the different cultural climate 10 years ago in which the Massachusetts case was argued.

“In 2003, these waters were largely uncharted,” Bonauto said. “There were zero marriage states, a civil union system in Vermont, and 36 states with discriminatory statutes and four states with amendments. But then, as now, we were right; right on the constitutional principles and the utter absence of legal justifications for this discrimination.”

Those court rulings — in particular the Goodridge decision because it was the first successful case for full marriage equality in the United States — paved the way for 11 more states to approve same-sex marriage over the course of 10 years, including the legalization of marriage equality in Minnesota just this week.

Just as observers are parsing statements from justices now in an attempt to determine what the court may rule on Prop 8 and DOMA, followers of the court cases a decade ago were also trying to predict the future based on what was said during oral arguments.

In Lawrence, Smith said moderate justices at the time — Associate Justice Anthony Kennedy and then-Associate Justice Sandra Day O’Connor — were “uncharacteristically quiet,” making it difficult to predict how the court would rule.

“But we took hope from the fact that they didn’t say anything negative,” Smith added. “We were relatively optimistic that the court would strike down the sodomy laws once the court decided to take the case.”

For Goodridge, Bonauto said the wait was different from now in two regards: first because same-sex marriage wasn’t legalized anywhere in the country at the time, and second because there was no set timeline for when the Massachusetts Supreme Court had to make a decision.

“We thought and hoped we were right on the timing,” Bonauto said. “There were a lot of nerves and uncertainty while we waited. The fact that we didn’t know when the decision would come — no clue at all — added to the nerves and fueled the rumor factory. In the end, the decision turned out to be beautifully written and world-changing.”

In the present, many observers believe that the Supreme Court will issue a decision that will strike down DOMA on its merits — either based on equal protection or federalism grounds — although issues of standing were examined.

For Prop 8, much attention has been given to justices’ interest in the standing of Prop 8 proponents to defend the measure in court. A determination that they lack standing would leave in place a lower court ruling and likely invalidate the ban on same-sex marriage in California.

The standing issues before the Supreme Court, as Bonauto noted, also means the wait for Goodrige was different because the Massachusetts Supreme Court couldn’t rule on this basis.

“There were no outs,” Bonauto said. “They had to decide whether denying marriage to gay couples violates the Constitution of the Commonwealth or not. And I was asked very specifically in oral arguments about Vermont civil unions and a remedy that would provide those protections, and I said, ‘That was not what the plaintiffs were seeking; they were seeking access to marriage itself.'”

Notably, the oral arguments in Lawrence v. Texas took place on March 26, 2003, which is exactly 10 years to the day that oral arguments took place in the Prop 8 case on March 26, 2013. A ruling was issued in the Lawrence case on June 26, 2003 just as a ruling is expected in the Prop 8 and DOMA cases in June 2013.

In the Goodridge case, oral arguments took place before the Massachusetts Supreme Court on March 3, 2003, but a decision wasn’t rendered until Nov. 18, 2003.

Mary Bonauto, gay news, Washington Blade

Mary Bonauto (Washington Blade photo by Michael Key)

It remains to be seen whether the wording of rulings from the Supreme Court will have the same power as the language that justices handed down a decade ago. The 4-3 ruling in the Goodridge case affirmed that same-sex couples had the right to marry with never before seen language.

“The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry,” the decision states. “We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals.”

In the Lawrence case, the 6-3 opinion written by Associate Justice Anthony Kennedy determined that the framers intended language in the U.S. Constitution to be reinterpreted by later generations in accordance with their vision of liberty.

“They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress,” Kennedy wrote “As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.”

Also unknown is how the public might react if the Supreme Court issues affirmative rulings for marriage equality in the Prop 8 and DOMA cases.

In 2003, the court ruling in Massachusetts — combined with then-San Francisco Mayor Gavin Newsom’s decision to issue marriage licenses to gay couples — sparked a national backlash that led in the next year to 11 states passing constitutional amendments banning same-sex marriage. Former President George W. Bush ran a successful re-election campaign in which he advocated for passage of a Federal Marriage Amendment.

But Bonauto was skeptical that the legalization of same-sex marriage led to the passage of state constitutional amendments and Bush’s re-election — saying the religious right wanted to enact the amendments anyway and analysis shows the marriage issue wasn’t as much a boon to Bush as it may seem on its face.

“By the time we had filed Goodridge, there were already 36 state statutes and four amendments,” Bonauto said. “So, for a lot of these states, they didn’t have anything else to do but to pass an amendment because they already had statutes barring marriage.  So I really view this as political opportunism both with elected officials and also the organized right-wing. It was trying to cut us off and change the facts on the ground, so that they could isolate this debate and isolate this issue in certain states.”

Given the growing acceptance of marriage equality — one widely noted recent poll shows it enjoys support from 58 percent of the American public, compared to 30 percent support in 2003 — the negative reaction to any pro-gay rulings will likely be more restrained.

In the event the Supreme Court in June renders similarly favorable decisions in support of rights for gay couples, Bonauto predicted some would speak out in opposition, but the reaction generally would be favorable.

“There are going to be people who are going to say things, and some of them have echo chambers and bully pulpits and their blogs,” Bonauto said. “I don’t think we should equate that to a backlash. I just think that is what public discourse is like in 2013. I really believe that the overwhelming majority of Americans are at a point where they accept and embrace the freedom to marry for same-sex couples.”

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Congress

Lindsey Graham has passed away. Do LGBTQ people have a right to celebrate his death?

SC senator opposed marriage equality, despite speculation over sexual orientation

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The late-U.S. Sen. Lindsey Graham (R-S.C.) in 2022. (Washington Blade photo by Michael Key)

Uncloseted Media published this article on July 16.

By SPENCER MACNAUGHTON | On Sunday, the office of Lindsey Graham reported that the Republican senator and Trump ally from South Carolina died “from a brief and sudden illness.” The office said that the preliminary cause of death was a rupture of his aorta due to a hardening of his arteries.

Since then, many folks in the LGBTQ community, including a large number of Uncloseted followers, have — for better or worse — celebrated the senator’s death. When we posted the news on our Instagram page on Sunday, our followers commented:

  • “Maybe he rest in hell”—this one got 194 likes.
  • “She made sure to wait until Pride was over.”
  • “And just like that the world is a better place.”

These responses are fueled by allegations that the senator lived as a closeted gay man while supporting policies that would roll back LGBTQ rights. In 2006, he voted in support of a constitutional amendment that would have restricted marriage to only being between one man and one woman. After gay marriage became legal across the U.S. in 2015, he said “I am a proud defender of traditional marriage.” And in 2022, he told CNN he would oppose the Respect for Marriage Act and later reiterated that states should decide the issue of marriage.

Outside the Washington rumor mill, there wasn’t much evidence that Graham could be gay until 2020, when adult video performer Sean Harding wrote on Twitter that “There is a homophobic republican senator who is no better than Trump who keeps passing legislation that is damaging to the lgbt and minority communities. Every sex worker I know has been hired by this man. Wondering if enough of us spoke out if that could get him out of office?”

Harding followed up with another post, writing “If you’d be willing to stand with me against LG please let me know,” and, “So far I have two individuals who would be willing to go public and support my claims. Anyone else?”

A few days later, another anonymous sex worker came forward and made similar allegations.

But after that, there was silence, with some believing these sex workers were slapped with non-disclosure agreements (NDAs). And while at least one lawyer took to Twitter saying that he’d “be more than happy to read the NDAs and look for loopholes. For free!” nobody else came forward.

That is until earlier this week, when author Jesse James Rose posted to her Instagram that Graham had paid her for sex work prior to her gender transition. Rose wrote that “Most of you know him as the homophobic senator from South Carolina but to me he will always be the man who paid a twinky pre-transition college student a fat stack of cash to do unspeakable things to him in a hotel room while he wore red lingerie.”

This dynamic has created a complicated question for LGBTQ people: Is it appropriate to posthumously celebrate the death of a man who railed against our community and used his position of power to make our lives less equitable and less safe? Is it even more fair to criticize him if he was living a secret queer life?

Or should we go high and give his track record on LGBTQ issues a positive spin now that he’s no longer with us?

In a time where social media feels like a breeding ground for angertainment, I’ll admit that the immediacy of the response to his death at first felt intense.

At the same time, I knew I didn’t want to send thoughts or prayers to a man who tried to rip my rights away.

If the alleged NDAs that Graham handed his sex workers were legitimate, they likely evaporated after his death. So now really may be the first time people can speak their truth and offer an accurate window into the absurd hypocrisy between Graham’s public and private life.

For that, I think it’s fair game to speak candidly about the story he may have worked hard to muzzle while he was here.

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Congress

Political drama in Angie Craig’s Minn. Senate race heats up

Lesbian lawmaker running to succeed retiring U.S. Sen. Tina Smith

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U.S. Rep. Angie Craig (D-Minn.) in 2024. (Washington Blade photo by Michael Key)

After an historic and expensive July 4th fireworks display capped Donald Trump’s self-indulgent commemoration of America’s 250th birthday, voters are now watching state races explode into political pyrotechnics as Democrats fight to win majorities in Congress and Republicans plan to keep buying power.

With the midterm elections just over three months away and several primary races still undecided, most pundits predict the decline in Trump’s approval ratings will result in Democrats winning the House, if infighting doesn’t turn off voters.

Democrats’ dream of taking the U.S. Senate, however, turned into a nightmare with the scandalous Graham Platner debacle in must-win Maine. Energized party leaders hope to put on a master class in democracy as they pick a new candidate before July 27.

The hike to Senate victory is still steep. Republicans have a 53-47 advantage — meaning Democrats must win eight of 11 competitive races, including defending seats currently held in Minnesota, Michigan, New Hampshire, and Georgia, for a net gain of four seats.

LGBTQ people intent on reversing Project 2025’s prolific erasure might focus on lesbian U.S. Rep. Angie Craig’s race in Minnesota.

With the retirement of Democratic U.S. Sen. Tina Smith, The Cook Political Report’s out guru Amy Walter labeled the open seat “likely” Democrat but with only a +3-point advantage.

New York Times Polling data reporter Alex Lemonides notes that “Trump lost Minnesota by four percentage points in 2024, and Minnesotans have not sent a Republican to the Senate since the 2002 midterms, so a Republican win in the general election would buck the trend.”

But this whole election cycle is about bucking trends. With so many Democratic Socialists defeating establishment candidates, “socialist” is no longer a slur, forcing Trump to switch to the old Cold War charge of Communist!

In Minnesota, U.S. Sen. Bernie Sanders (I-Vt.)-backed candidate Lt. Gov. Peggy Flanagan is out-polling Craig, a more centrist Democrat who flipped a battleground House seat in 2018. Their primary is on Aug. 11.

Republicans are salivating over challenging Flanagan for her administrative role in the scandal that forced Gov. Tim Walz to forgo a third term and deal with widespread fraud in social programs.

Former NBC’s Sunday Night Football sideline reporter and current political podcaster Michele Tafoya has a built-in “bro” audience. The announcement of her Republican candidacy was featured on ESPN.com.

“As Minnesota’s senator, I will clean up the system, fighting corruption, ending the fraud, and protecting your tax dollars,” Tafoya said. “I will protect what’s fair and safe, standing with our law enforcement officers, deporting dangerous criminals, and keeping female sports for female athletes.”

Craig responded quickly. “Trump’s hand-picked candidate just jumped in the race for U.S. Senate,” she said on social media. “Minnesota needs a Senator who will stand up and fight for our state – and we know it won’t be MAGA Michele.”

Craig tells LGBTQ+ Freedom Fighters that she has been happy to represent Minnesota’s Second Congressional District in the U.S. House of Representatives since 2019. Now she wants to represent the entire state as a U.S. senator.

“The state of Minnesota has been so good to me and my family,” says Craig, who chose to move to the state because it would accept her family.

Craig grew up in a mobile home park in Arkansas, one of three children of a single mother. She worked her way through the University of Memphis, earning a degree in journalism, and became a reporter with the Memphis Commercial Appeal.

She has a long history of fighting for LGBTQ rights, including her own. In the late 1990s, while living in Tennessee, Craig and her then-partner, Debra Langston, adopted their first son, Joshua. Under Tennessee law at the time, only one of them could be recognized as an adoptive parent; Craig was listed as Langston’s roommate.

The birth mother wanted the couple to have Joshua, but her parents intervened, seeking to adopt him. The courts had to decide if Langston and Craig were “fit” parents. One appellate court judge objected to the boy being raised by “open, practicing lesbians,” but his two colleagues disagreed, and Langston and Craig won the precedent-setting case in 2000, albeit with lots of caveats.

“The issue in this case is not whether the members of this court approve the homosexual lifestyle or the adoption of children by homosexuals, but rather whether the adoption of this child by this prospective parent is in the child’s best interest. As in any adoption case, the determinative issue was and remains what is in the child’s best interest,” wrote Judge Alan E. Highers in his opinion concurring with the majority in ruling In re: ADOPTION OF M.J.S. in the Tennessee Court of Appeals.

By then, Craig was working in corporate communications for Smith & Nephew, a multinational maker of medical equipment, and the couple had another son, Jacob, born to Craig through alternative insemination. She and her family moved to London, where the company was based, in the early 2000s. They returned to the U.S. in 2005; Craig went to work for another medical equipment company, St. Jude Medical, in the suburbs of Minneapolis. She later said it was the least lucrative job offer she had, but she took it because she knew the area was welcoming to LGBTQ people.

Craig and Langston separated in 2006, and Craig married Cheryl Greene in California in 2008. They have four sons and three grandsons, with a fourth on the way. Greene is a former middle school teacher still involved with youth programming.

Craig worked for LGBTQ equality within her company and for statewide marriage equality in Minnesota. She also fought against an anti-marriage equality constitutional amendment in 2012, which voters rejected. The state legislature passed a marriage equality bill the following year that Gov. Mark Dayton signed into law.

In 2016, when she ran for Congress in Minnesota’s 2nd District, a Republican stronghold for more than a decade, she told the Twin Cities Pioneer Press that the fight for custody of Joshua gave her strength.

“Whether I win or lose on Election Day, I know that that won’t be the hardest thing or the biggest challenge that I’ve ever faced,” said Craig, then 44. “When you get up every day and wonder, ‘Am I going to (still) have my child the next day?’ you get pretty good at being focused on the big picture.”

“I’ve always talked about my family openly” on the campaign trail and in office, Craig, co-chair of the Congressional Equality Caucus, tells LGBTQ+ Freedom Fighters. Often at events in her district and around the state, she’ll meet someone who mentions they have an LGBTQ family member, she notes. She finds that if she listens to constituents and addresses what’s important to them, her identity isn’t an issue.

What Craig has addressed for constituents includes health care costs, such as capping the out-of-pocket cost of insulin and limiting overall out-of-pocket drug costs for people on Medicare. These came from a bill introduced by Craig and became provisions of the Inflation Reduction Act, signed into law by President Joe Biden in 2022. She also wants a public option for health insurance, an increased child tax credit, and she introduced a bill to eliminate federal taxes on Social Security benefits.

U.S. Rep. Angie Craig (D-Minn.) campaigning (Photo via Angie Craig for Minnesota)

In a June 19 SurveyUSA poll, Minnesotans say their single most important issue is inflation (39%) and cost of living, followed by health care, immigration, gas prices, and the war in Iran.

But immigration may soon jump to the front as more information leaks out about U.S. Immigration and Customs Enforcement agents shooting and killing Lorenzo Salgado Araujo during a traffic stop in Houston on Tuesday morning, July 9. Homeland Security says the father, with no criminal record, driving to work, ignored verbal instructions and tried to ram their vehicle. ICE shot him in self-defense — the same excuse ICE used on Jan. 7, 2026, when an ICE agent killed nonviolent protester Renee Good. In both instances, video footage proved ICE lied.

Also caught on tape was Craig’s angry confrontation with Republican Majority Whip Tom Emmer (R-Minn.) on the House floor the day Good was killed after Emmer supported ICE on social media. The story and her response went viral.

But Craig continues to be criticized for voting for the Laken Riley Act, named for a woman who was killed by an undocumented immigrant. It allows for undocumented immigrants to be detained or deported if they are simply accused of crimes, even nonviolent ones. Critics say she has never apologized — but she has.

In a commentary for The Minnesota Star Tribune in May, Craig wrote, in part:

“The text of the bill did not include the word deportation. I made the difficult decision to vote for it. Democrats like Sens. Mark Kelly and Ruben Gallego, Raphael Warnock and Jon Ossoff — leaders I deeply respect — all came to the same conclusion.

But as I stood side by side with protesters on the streets of Minneapolis and opposite dozens of armed Immigration and Customs Enforcement agents at the Whipple Federal Building after Renee Good’s killing — and again after the killing of Alex Pretti — I couldn’t help but question whether I made the right call last year … It’s also become clear that supporting any bill that gives ICE new authority in this administration was the wrong decision. And I regret my vote.”

“What happened under Operation Metro Surge was horrific,” Craig tells LGBTQ+ Freedom Fighters. The U.S. can secure its borders in a humane fashion while providing a path to citizenship for undocumented people, those brought here as children, and others, she adds.

On LGBTQ rights, Craig says the Equality Act has been a huge priority of hers in the House and would remain so in the Senate.

Since 2019, Craig has introduced the John Lewis Every Child Deserves a Family Act that “would ban discrimination based on sexual orientation, gender identity, religion or marital status in those programs, prohibit the use of federal funds for so-called ‘conversion therapy’ and create a resource center for LGBTQ+ foster and adoptive youth within the Department of Health and Human Services’ Administration for Children and Families,” according to a press release.

U.S. Rep. Angie Craig (D-Minn.) campaigning. (Photo via Angie Craig for Minnesota)

Another priority is passage of the John R. Lewis Voting Rights Advancement Act, named for the late civil rights activist and longtime congressman. “I was lucky enough to serve with John Lewis,” she says.

Additionally, Craig supports campaign finance reform. The recent U.S. Supreme Court ruling that further loosened restrictions was “just another blow to our democracy,” she says. She supports limits on Supreme Court terms.

On foreign policy, she condemns Trump’s war of choice in Iran. “The administration has had zero strategic objectives,” she says, adding that the war has caused “tremendous economic damage,” such as the spike in gas prices.

And though Craig supports a two-state solution to the ongoing Israel-Palestinian conflict, with Palestinians having their own state, her campaign does not accept direct donations from AIPAC’s political action committee — the pro-Israel group held fundraisers for her before her Senate announcement — another point exploited by primary opponent Flanagan.

On gender-affirming care for transgender youth, Craig says politicians should not interfere with decisions made by young people and their parents. Regarding trans girls and women in sports, she says the matter is best handled locally — and that local conversations can foster understanding.

But Craig has had a strong public reaction to federal transphobia. After that, then-U.S. Reps. Tulsi Gabbard (D-Hawaii) and Markwayne Mullin (R-Okla.) introduced the Protect Women’s Sports Act in December 2020. Craig released the following statement:

“As a lesbian woman, I am no stranger to prejudice and intolerance — but this legislation is beyond the pale. Plain and simple, the Protect Women’s Sports Act is transphobic — and this type of discrimination has no place in the halls of Congress. Especially at a time when the transgender community is suffering from a tragic rise in suicide rates and experiencing a surge of transphobic violence, such a bigoted and appalling effort is simply unacceptable. Queer and transgender women must stand together in the face of intolerance — and I am proud to do so today by emphatically denouncing this narrow-minded and hateful legislation, which is harmful not only to transgender women but to the LGBTQ community at-large.”

Craig has been endorsed by prominent LGBTQ groups, including the LGBTQ+ Victory Fund, the Human Rights Campaign PAC, Equality PAC, and LPAC. She has also been endorsed by Minneapolis Mayor Jacob Frey and St. Paul Mayor Kaohly Her, plus many nationally known political figures, such as former Transportation Secretary Pete Buttigieg, U.S. Sen. Tammy Baldwin (D-Wis.), House Speaker Emerita Nancy Pelosi (D-Calif.), and House Democratic Leader Hakeem Jeffries (D-N.Y.).

Flanagan has the endorsement of Smith and her predecessor, Al Franken, Minnesota Attorney General Keith Ellison, and, from outside the state, U.S. Sen. Elizabeth Warren (D-Mass.) and Sanders, among others. U.S. Sen. Amy Klobuchar of Minnesota and the state’s governor, Tim Walz, so far haven’t made endorsements.

“I’m ready on day one” to serve in the Senate, says Craig, noting her four terms in the House, her substantial career before going into politics, and her two votes to impeach Trump. “If we can take the House and Senate, we can put a cap on this administration.”

This is a cross-post from Karen Ocamb’s LGBTQ+ Freedom Fighters Substack.

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Congress

Lindsey Graham dies at 71

Republican SC senator passed away ‘from a brief and sudden illness’ on Saturday

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U.S. Sen. Lindsey Graham (R-S.C.) at now former Attorney General Pam Bondi's 2025 confirmation hearing. (Washington Blade photo by Michael Key)

U.S. Sen. Lindsey Graham (R-S.C.) died suddenly on Saturday.

The South Carolina Republican’s office in a statement said Graham, 71, “passed away from a brief and sudden illness.” The Washington Post reported first responders responded to Graham’s Washington home on Saturday and transported him to a local hospital.  

Graham had been in the U.S. Senate since 2002.  

The close Trump ally was running for re-election. Graham died a day after he returned to the U.S. from Ukraine.

Speculation over Graham’s sexual orientation persisted during his tenure.

The Washington Blade will update this story.

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