Politics
DOMA ruling quickens march toward marriage equality
Officials in Ohio, Pa., Missouri, N.M. cite court decision

The Supreme Court decision against DOMA has boosted marriage equality activism. (Washington Blade photo by Michael Key)
Not even one month after the Supreme Court’s historic decision striking down Section 3 of the Defense of Marriage Act, the effects of the ruling are already proliferating as legal authorities throughout the country reinterpret laws to advance marriage rights for gay couples.
Almost like a domino effect, public officials and judges in Ohio, New Mexico, Pennsylvania and Missouri this week alone have acted to advance marriage equality by drawing on the decision in Windsor v. United States as part of their reasoning.
Doug NeJaime, a gay law professor at the University of California, Irvine, said this movement so soon after the Windsor ruling “was anticipated” given the language that Associate Justice Anthony Kennedy used in his opinion.
“Given the flurry of activity, and the quick decisions coming out of places like Ohio, this may mean that the Supreme Court may not be able to avoid the question regarding the constitutionality of state marriage bans as long as some of the justices may hope,” NeJaime said. “Clearly in Perry they were able to push the issue off for a bit, but it doesn’t seem they will be able to avoid the question for more than a few years at most.”
In Ohio, U.S. District Judge Timothy Black drew on the precedent set in Windsor as part of his reasoning in his 15-page decision affording a temporary order requiring Ohio to recognize the marriage of James Obergefell and John Arthur.
“While the holding in Windsor is ostensibly limited to a finding that the federal government refuse to recognize state laws authorizing same-sex marriage, the issue whether States can refuse to recognize out-of-state same-sex marriages is now surely headed to the fore,” Black writes. “Indeed, just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, ‘the state law-shoe’ has now dropped in Ohio.”
In Missouri, the State Supreme Court has asked attorneys involved in a gay death benefits case for an additional briefing in light of the Supreme Court’s decision against DOMA. Kelly Glossip was denied the benefits of her partner, Missouri State Highway Patrol Cpl. Dennis Engelhard, who died in the line of duty in 2009.
In Pennsylvania’s Montgomery County, where the County Commission has directed clerks to distribute marriage licenses to gay couples, the Windsor decision is cited again. Democrat Josh Shapiro is indirectly quoted by the Associated Press as saying the commission believes it has authority to distribute marriage licenses because of the Supreme Court decision against DOMA.
New Mexico Attorney General Gary King also makes reference to Windsor in his 29-page opinion in which he announces he won’t defend a state law in a lawsuit seeking marriage equality. But the decision here is mentioned briefly in a citation along with state marriage lawsuits such as Massachusetts’ Goodridge v. Department of Public Health and Iowa’s Varnum v. Brien.
New application of the Windsor decision can also be seen at the federal level. On Thursday, the Federal Election Commission is set to vote on allowing married same-sex couples to make joint political donations from an individual bank account.
The FEC has previously determined that married gay couples were ineligible to make such contributions under DOMA, but with Section 3 of that law deemed unconstitutional, the commission on Friday published a new draft opinion saying it “now revisits the question.”
Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the “pace has been quick, and it’s only getting quicker” with respect to the advancement of marriage equality after the DOMA ruling.
“Part of the cascade of change in the direction of marriage equality comes from the power of Justice Kennedy’s decision striking down DOMA,” Goldberg said. “They could have won, but with a less powerful opinion, which might not have motivated as many government officials to advance marriage equality, but the opinion is powerful and makes clear that discrimination in marriage is unconstitutional.”
In addition to the DOMA ruling, Goldberg also attributed the advancement of marriage equality to elected officials wanting to catch up to other politicians who have endorsed same-sex marriage. Additionally, she said a general cultural shift in the United States and high degree of acceptance of the court ruling is responsible.
“There can be no question that momentum has been building over the past two years, and it’s increased dramatically with the court striking down DOMA,” Goldberg concluded. “I think we can expect the pace of change to continue, but with bumps along the way.”
2026 Midterm Elections
Chris Pappas wins NH Democratic Senate primary
Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen
New Hampshire Congressman Chris Pappas on Tuesday won the Democratic primary in the race to succeed retiring U.S. Sen. Jeanne Shaheen (D-N.H.) in the U.S. Senate.
Pappas defeated Karishma Manzur, who was his primary challenger, by a 61.8-36.1 percent margin.
The gay congressman will face off against former U.S. Sen. John E. Sununu, who defeated former U.S. Sen. Scott Brown in the Republican primary.
“Tonight’s victory sends a clear message that voters are looking for leaders who will fight for their rights, their freedoms, and to be treated with dignity and respect,” said Human Rights Campaign President Kelley Robinson in a statement.
She campaigned for Pappas in Manchester, New Hampshire’s largest city, on Aug. 30.
“Chris Pappas has delivered results, stood up for equality, and showed up for the people he serves,” said Robinson in her statement. “HRC was proud to mobilize Equality Voters across New Hampshire to help power this win. We don’t have a second to waste between now and November. We look forward to continuing our work with Rep. Pappas as he drives toward victory in November so he can help return a pro-equality majority to the United States Senate.”
A poll the University of New Hampshire Survey Center released on Aug. 26 showed Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.
Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.
2026 Midterm Elections
Markey’s primary win deemed success for LGBTQ activists
Mass. lawmaker champions transgender rights
U.S. Sen. Ed Markey (D-Mass.) clinched the Democratic seat for his reelection campaign in Massachusetts’s primary election on Tuesday.
Markey won the deep-blue state with 64.8 percent of the vote, according to NBC News, triumphing over Marine Corps combat veteran and Congressman Seth Moulton, who received 35.2 percent of the vote.
Massachusetts’s primary election, which determined which Democratic candidate will head to the polls to face off against the Republican challenger in November, is being considered a victory for LGBTQ-inclusive policy, as well as for a divisive pro-transgender rights candidate — both things Markey has become an outspoken champion of.
Markey has experience at multiple levels of government, from the state level, where he served three terms in the state House of Representatives, to his federal tenure, including 20 terms in the U.S. House of Representatives and is now serving his second term as a senator. He has become a fixture of a changing Democratic Party in one of the most consistently blue places in the U.S.
This primary — and much of the national discussion surrounding the Senate seat — focused a lot of campaigning power on fighting the growing sentiment, led mostly by Republicans, that the frustration many Americans feel lends itself to an anti-establishment and anti-incumbent attitude.
Markey ran his campaign using his past as a reflection of his commitment to constantly putting his best foot forward for Bay Staters — particularly with apprehension for issues younger and more progressive democrats have been righting for — including Green New Deal and “Medicare for All” while Moulton — who was also elected to federal office prior to this run — campaigned on being younger than Markey, arguing that he was not the same type of established politician.
Moulton also faced backlash for negative comments about trans athletes, sparking criticism for those who did want younger candidate but want for trans rights to be protected.
Markey’s track record of supporting the LGBTQ community is one of the most clear in federal politics, one that has garnered a “100 percent lifetime voting record” on the Human Rights Campaign’s PAC politician review scorecard.
That list of Markey’s actions includes being a cosponsor of the Equality Act, driving landmark legislation to ensure federal protections for LGBTQ Americans, and being one of the most vocal proponents for trans rights in the federal government — specifically in multiple appropriations bills and in the National Defense Authorization Act. He was also the lead sponsor of the Transgender Health Care Access Act and the Transgender Bill of Rights resolution.
Markey first introduced the Transgender Bill of Rights in the Senate in 2023, where it ultimately failed to be brought to law. He reintroduced the legislation this year once again. This was a direct response to the attitude pushed by many conservatives after 2021, when the push to minimize trans rights started to become a key part of their cause and has been constantly propped up by the Trump-Vance administration.
“Massachusetts needs a senator who stands up and fights back, a senator who never forgets who they are fighting for,” Markey said during his victory speech. “That has been the mission of my life, and it always will be.”
Following the calling of the primary, a slew of LGBTQ organizations rallied behind Markey, many pushing his past as an asset that puts his money where his mouth is through advocating for legislation specifically protecting the LGBTQ community.
Tyler Hack, the executive director of the Christopher Street Project, an organization dedicated to pushing for legal protections for trans americans, released a statement following Markey’s win. Hack argued that putting forward such a staunchly pro-trans candidate is a win for the community, especially after endorsing him earlier this year.
“Tonight, anti-trans politics lost. Massachusetts rejected the idea that attacking transgender people is a shortcut to political power. Voters chose a different path: one where equality is not negotiable, cruelty is not courage, and transgender people do not have to disappear for Democrats to succeed.”
The Human Rights Campaign also endorsed him as a candidate earlier this year and issued a statement via its president, Kelley Robinson.
“Ed Markey has spent decades fighting for LGBTQ+ equality, for working people, and for a more livable world,” Robinson said. “He knows why equality matters. He’s stood with us no matter what. We were proud to endorse him this year, and when a pro-equality majority takes back the Senate this fall, we will continue to count on him as a champion for our community.”
Markey is running for reelection against Republican John Deaton in November, where he is expected to win.
Congress
HRC president campaigns for Chris Pappas in NH
Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen
Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.
Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.
We’re hitting the pavement across New Hampshire to fight for a freer, fairer future for everyone.
Glad to have Human Rights Campaign President @KelleyJRobinson join us for a canvass launch in Manchester today. pic.twitter.com/XWCEaQxy4o
— Chris Pappas (@ChrisPappasNH) August 30, 2026
Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.
Karishma Manzur is among the Democrats challenging Pappas.
A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.
The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.
Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.
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