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Bi-national couples in ‘surreal’ wait for DOMA decision

150 attorneys in training to assist when ruling comes

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Heather, Mar, Immigration Equality, gay news, Washington Blade
Heather, Mar, Immigration Equality, gay news, Washington Blade

Heather (left) and Maria “Mar” del Mar have already filed their I-130 applications in anticipating of a ruling against DOMA. (Photo courtesy of Immigration Equality)

After being together for five years, Heather and Maria “Mar” del Mar are making their final preparations in anticipation of a ruling from the Supreme Court that could mean they can stay together in the United States.

Heather, a U.S. citizen, and Mar, a Spanish national, have already completed their I-130 marriage-based green card application and have sent it to the LGBT group Immigration Equality with the expectation that the high court will strike down the Defense of Marriage Act.

“We’re actually largely done with that,” Heather said. “Our intention on that front is, of course, to file that petition the first day it’s legally viable to do so.”

Although Mar has legal status because she’s living in the United States on a work visa, it expires in November. Section 3 of DOMA, which prohibits federal recognition of same-sex marriage, has blocked the New York City couple, who married in 2011, from a more permanent solution.

In March of last year, U.S. Customs & Immigration Enforcement denied Heather and Maria a marriage-based green card based on an earlier application, citing DOMA as the reason. They’re one of the estimated 28,500 bi-national same-sex couples in danger of separation.

That could change in the coming days. The Supreme Court is expected to deliver a ruling on the constitutionality of DOMA as a result of pending litigation along with ruling in a separate case challenging California’s Proposition 8.

If the court rules DOMA is unconstitutional, blocking the U.S. government from enforcing it, USCIS will have no legal reason to withhold the marriage-based green card from Heather and Mar.

Heather, a marketing director for a global non-profit organization in New York, said the wait for the decision has been “kind of surreal” and what’s been on the couple’s minds in the days heading to the ruling.

“We look at each other every night before we go to bed I would say for the last few weeks, where it’s been kind of like a month countdown, and we’ve said, “Oh my God, what is it going to really be like the day after?” she said. “How much is our life going to change when this issue isn’t a huge weight on our relationship and even on our everyday thought process.”

Mar, who works in marketing for a Spanish-language newspaper in New York, said a ruling against DOMA would lift a considerable burden because they are unable to plan for the future as they fear separation.

“We are really nervous because this would be a big change in our life,” Mar said. “We are very excited.”

As of today, the Supreme Court calendar designates only June 20 and June 24 as days on which opinions will be handed down; But with 14 cases yet to be decided, it is widely expected that they will add another day to the calendar, either June 26 or June 27 and the decisions for the marriage will be announced at that time.

And Heather and Mar, who are among the plaintiffs in Immigration Equality’s lawsuit against DOMA, already have plans. On the last Saturday of the month, they’re inviting friends and family to come to their home to celebrate the moment when the federal government will view their relationship as legally equal to others.

“We actually already have — I guess this is probably superstitious; I shouldn’t say this out loud — but we actually already have a celebration planned for family and friends — we have to be optimistic — for Saturday night on the 29th,” Heather said. “So, we’re celebrating at our place.”

And what if the Supreme Court rules in favor of DOMA? Heather said it’s not an outcome they like to consider, but in that event, they’d pursue additional litigation, find a way to renew Mar’s work visa and push for the inclusion of gay couples in comprehensive immigration reform legislation.

“To be honest, it will just be devastating; all of those things are just technically the things that we’ll do,” Heather said. “I’ll tell you what we’re going to do; we’re going to start a family anyway because we refuse to live at the effect of our circumstances. We’ve already postponed things in our life much more than is fair — and we’ll consider the option of moving to Spain where our marriage is recognized.”

But Heather and Mar are just one of many bi-national same-sex couples readying for a Supreme Court ruling that would ensure they can stay together in the United States.

Rachel Tiven, executive director of Immigration Equality, said she’s expecting thousands of green card applications from bi-national same-sex couples in the months following a court ruling against DOMA.

“We think that there will be over the first year many thousands,” Tiven said. “I think in the remaining five months of the year, we’ll see something between 2,000 and 10,000 applications, but that’s a guess.”

In the meantime, Tiven said her organization is already preparing some applications for same-sex bi-national couples and making plans for others to renew applications that were previously denied.

“We’re preparing some families who will file immediately if the Supreme Court will enable them to do so,” Tiven said. “Other families who filed a long time ago — either because they were plaintiffs, or because it was a step to seeking deferred action — we are asking the administration, for those who were denied, we’re asking the administration to reopen those applications so they don’t have to file all over again, and don’t have to pay the fee again.”

In order to facilitate the expected increase in couples filing marriage-based green card applications, Immigration Equality’s legal team has conducted two trainings last week for attorneys who have signed up to assist couples with their petitions following a court ruling striking down Section 3 of DOMA.

Steve Ralls, a spokesperson for Immigration Equality, said 150 lawyers from across the country to date have joined that network of attorneys and have taken part in one of those two trainings.

“As part of that training, our legal team discussed topics related to identifying issues that may arise for same-sex bi-national couples during implementation following the court’s ruling,” Ralls said. “A key goal is to ensure that attorneys working with LGBT families can also serve as watchdogs during that critical implementation period and report any issues they encounter with relevant government agencies in their processing of green card applications for affected families.”

Another couple making preparations in anticipation of a court ruling is Rachel Wilkins and Jennifer Blum, a New Jersey couple that married a year-and-a-half ago. Blum, a New Jersey native, is awaiting the opportunity to sponsor Wilkins, a British national, for residency in the United States.

The couple has never filed a marriage-based green card application before, but Blum, an attorney, said they’ve already hired an attorney to help them through the process in anticipation of a ruling against DOMA.

“We’ve hired an attorney to prepare our application for us,” Blum said. “So we’ve been really just trying to get all the paperwork together, and we’re excited for this decision to finally come to fruition, and we just want to move on with our lives.”

Wilkins, a curator who’s in the country on work visa, said she shares a sense of optimism that the Supreme Court will issue a decision that renders Section 3 of the the Defense of Marriage Act inoperable.

“I think we’re feeling optimistic,” Wilkins said. “We were watching the Supreme Court blog to see the orders handed down just waiting to see the right decision made.”

The couple came to D.C. when the oral arguments took place at the Supreme Court in March and had the opportunity to meet lesbian New Yorker Edith Windsor, who filed the lawsuit that’s currently before the court.

“We walked up on the steps and I lost it … because it’s just the culmination of so many people’s hard work, sweat, they’ve given so much to be able to get to this point where we could get this case in front of the Supreme Court, and for the Supreme Court to finally do the right thing, and for justice to be done,” Blum said.

Should the court strike down DOMA, Blum said they’ll celebrate by gathering at the Stonewall Inn in New York City, where riots began in 1969 that were considered the start of the modern gay rights movement.

“Legally, factually, I just can’t see the Supreme Court determining any other way,” Blum said. “Like I said, there’s no other option.”

Lavi Soloway, a gay immigration attorney at Masliah & Soloway and co-founder of The DOMA Project, said his firm worked for several months on preparing to file new marriage-based green card applications — some on the day the court issues a decision against DOMA — and has several filed in 2011 and 2012 that haven’t yet been denied.

“The couples have undertaken the preparation with the understanding that that the Supreme Court ruling on DOMA is not something that we can predict in advance, but it would be fair to say that their perspective, like mine, is cautiously optimistic,” Soloway said.

CORRECTION: An earlier version of this article misattributed quotes to Jennifer Blum and Rachel Wilkins. The Blade regrets the error.

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Pennsylvania

Erica Deuso elected as Pa.’s first openly transgender mayor

‘History was made.’

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Erica Deuso (Photo courtesy of LPAC)

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.

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U.S. Supreme Court

LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’

Experts insist Kim Davis case lacks merit

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Protesters outside of the Supreme Court fly an inclusive Pride flag in December 2024. (Washington Blade Photo by Michael Key)

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.”

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U.S. Supreme Court

Supreme Court rules White House can implement anti-trans passport policy

ACLU, Lambda Legal filed lawsuits against directive.

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(Bigstock photo)

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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