National
Illinois marriage bill author defends non-vote
Harris rebuts critics, says delay puts measure in better position for fall
LGBT rights advocates expressed anger on Friday after the Illinois House adjourned its legislative session without voting on a same-sex marriage bill.
Some of the criticism fell on gay Rep. Greg Harris, the author of the bill, for failing to bring it to a vote. The Illinois House speaker, Michael Madigan, has extended a deadline for the bill, which will allow it to come to a vote in a November veto session.
In a conversation with the Washington Blade on Monday, Harris said that a last-minute media blitz by marriage equality opponents had rankled some of the bill’s likely supporters. Harris said the decision to table the bill would lead to a better result in the long term, as colleagues could avoid having to go on the record before they were prepared to.
“I think that at the very end they realized that back in their home districts for some folks that there were horrendous distortions of the truth,” Harris told the Blade. “They wanted to be sure that their constituents understand that — one — this bill treats all people equally and — two — that we also respect the rights and freedoms of religions.”
Though following the vote, some same-sex marriage advocates criticized the bill’s author for not getting his colleagues on record, Harris said he believes the bill will have a better chance of passing before the end of the year if he’s able to give his colleagues more time to lay the groundwork in their districts.
“I think it is very clear that at the end when some of my colleagues came to me and said should the bill be called that day, they would not be able to vote for it, until they had time to get back to their districts and undo some of the misconceptions and misinformation out there and truly explain what the bill meant,” Harris said. “If a bunch of people had voted no, then it becomes incredibly difficult then to change those votes to yes should it come back later.”
But some longtime Illinois activists remain angry over the decision to table the measure, and claim the process was bungled due to secrecy and a myriad of political miscalculations.
“I am extremely angry at him,” said longtime Illinois gay activist Rick Garcia, senior policy adviser at Illinois advocacy group The Civil Rights Agenda. “I think it’s justified anger. But there are few with [Rep. Harris’] history of advocating for the gay community, and people with HIV, and his successes are innumerable.”
Garcia, who called Friday’s aborted vote “a disaster,” mixed praise with scorn when discussing Harris’ handling of the bill with the Blade on Monday.
“But I don’t want to point fingers or cast blame, because I’m just as much to blame,” Garcia said.
“I’m really angry and pissed off,” Garcia told the Blade. “I’m very angry at myself for allowing this fiasco to happen. I’ve passed all sorts of gay rights legislation in Illinois, and for months and months and months have been urging a true coalition approach — there was none — I have been urging we do something as simple as a roll call, and the sponsor would not share his roll call with any of us. Without a roll call we might as well just have blinders on, because we don’t know where we’re going or who to talk to or what to do. I also urged that we have a campaign manager for this, and then a guy who was Mr. Madigan’s staffer was the one that was hired. Shaw Decremer.”
Garcia told the Blade that he’s working with other Illinois LGBT community leaders to assemble a new coalition to work toward passage in the veto session, and is actively seeking leaders of a multitude of community organizations and people of color, “not just straight white boys.”
“They can hire as many straight professional lobbyists as they desire but they’re not going to drive the bus anymore,” he said. “Our community is, our supporters are, and that’s what we’re going to do.”
Rep. Harris disputes the idea that community leaders were kept in the dark regarding the legislative process.
“I think there are layers and layers of involvement,” Harris said. “Each one is important and each one overlaps and interacts. There’s the public relations messaging. There’s the organizing of business leadership, there’s organizing of leadership in the Latino community, the African-American community, there’s on-the-ground, in-district organizing, there’s organizing of PFLAG families. There are many, many layers of organizing and I think people did wonderful, wonderful jobs.”
“Look at how fast we’ve moved on this issue,” Harris continued. “We didn’t get the result we wanted when we wanted, but we’re perfectly positioned to win.”
Harris said that opponents of same-sex marriage attempted to scuttle the legislation by turning historically marginalized communities against one another, and did so by using “robocalls” to pressure lawmakers and mobilizing religious leaders to lobby against the bill in a public, and — as Harris sees it — deceptive way.
“We’ve seen in state after state the same tactics from some of our opponents that have been used to try to drive a wedge between communities, and that is just not what this bill does,” Harris said. “If you read the press releases from some of the different religious groups that are affiliated with our opposition, they are crowing and taking credit,” he says.
Harris says that groups like the Urban League and the NAACP, as well as prominent African-American supporters of the bill worked very hard to try to combat what Harris called the “misinformation” that opponents of the bill were pushing in districts where support was tenuous, but that not enough work had been done to promote the religious liberties espoused in the bill, and that he believes his colleagues need more time to secure their positions with their constituents back home, or risk being threatened in the primaries.
Harris sounded resolute when asked about not backing down and calling a vote on the marriage bill in the November veto session.
“[My colleagues] made a commitment that when we come back they will be willing to call a vote, so I’m going to take them at their word.”
Harris did not comment on whether speaker Madigan had been as supportive and enthusiastic about this legislation as he had been during the successful 2010 push for civil unions, saying the speaker had publicly stated his support for the marriage bill.
Harris praised the members of the African-American legislative caucus and the Republican caucus — namely GOP co-sponsors Ron Sandak and Ed Sullivan — who backed the bill despite strong pressure from opponents. However, Harris said that an impending battle over the minority leader position in the House forced some GOP lawmakers to hold back from supporting the bill at this time, saying they could not vote in favor of the bill because of “intra-party politics.”
The longtime lawmaker — who authored the state’s comprehensive non-discrimination bill, and the state’s successful civil unions bill — confirmed that the leader of the African-American caucus, Rep. Ken Duncan — also a sponsor of the bill — had encouraged him to call the vote “earlier in the session.” However, Harris said the caucuses themselves took no position on the bill, so pressure to not call the bill to a vote did not come from the Black Caucus or the Republican caucus, but rather from individual lawmakers who Harris said expressed nervousness about coming primaries, and other issues specific to their home districts.
Harris encouraged same-sex marriage supporters not to get bogged down in looking for someone to blame, but to keep the pressure on lawmakers in anticipation of another chance at a vote in this fall’s session.
“We need to also remember our history and focus on the fact that our opponents will do whatever they need to stop full equality from coming, but the direction of this country is clear, and equality and fairness will win out,” Harris said.
“Also remember other history in the state of Illinois — back in 1975, the very first time that the Human Rights Act was put into place that protected people who are LGBT from being fired or denied housing or public accommodation because of their sexual orientation. And that took 30 years to pass, and there were ups and downs during that process. When I first introduced the marriage bill in 2007, I’m not sure that anyone thought that we would be as a nation in the position we are today where there’s been so much progress on this issue. But we have to remember that there is still hard work, that our opposition is fierce, that they have a strategy. We have to be sure that we are uniters and not dividers of communities, and we have to stand up for equality — not just for ourselves — but for all other people who suffer at the hands of repression.”
Erica Deuso will become the first openly transgender mayor in Pennsylvania.
Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.
Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.
Deuso released a statement following her election, noting that “history was made.”
“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”
According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.
Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.
“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.
Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.
Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.
“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”
Deuso will be sworn in as mayor on Jan. 7.
U.S. Supreme Court
LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’
Experts insist Kim Davis case lacks merit
The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.
Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.
She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.
The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.
Loewy began by explaining how the court got to where it is today.
“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”
Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.
“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”
That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.
“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”
She also noted that public opinion on same-sex marriage remains overwhelmingly positive.
“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”
“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”
A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.
“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”
Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.
“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”
She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.
“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”
Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.
“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”
“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.
When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.
“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”
Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:
“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.
“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”
He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.
“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”
He also addressed members of the LGBTQ community who might be feeling fearful at this moment:
“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”
And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.
“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”
Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.
“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.
“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.
“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”
Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:
“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.
President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”
The White House only recognizes two genders: male and female.
The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.
A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.
A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)
“This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”
Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.
The Supreme Court ruling is here.
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