News
Fed’l benefits issues linger post-DOMA for gay couples
Questions remain on Social Security, taxes, veterans benefits and family leave
Federal benefit issues for gay couples continue to linger after the Supreme Court ruling against the Defense of Marriage Act (Washington Blade photo by Michael Key).
Following the Supreme Court’s decision striking down the Defense of Marriage Act, the extent to which many federal benefits — taxes, Social Security, veterans benefits and family leave — will flow to married same-sex couples remains in question.
The Obama administration has extended certain benefits to married same-sex couples regardless of whether they live in the United States, but other benefits are still in limbo because of law, regulation or policy that determines whether a couple should be considered legally married.
Here’s a breakdown of these benefit categories and where they stand in terms of what’s obstructing their flow to married same-sex couples and what LGBT advocates see as the way forward:
1. SOCIAL SECURITY
Last week, the Social Security Administration announced for the first time it was starting to process retirement claims for married same-sex couples who apply for them in aftermath of the court decision on DOMA. But the extension of these benefits is limited.
On Friday, the agency published guidance indicating these benefits will flow to same-sex married couples living in states that recognize their unions, but couples that apply for these benefits in non-marriage equality states for the time being will have their requests placed on hold.
“Bill (the claimant) and Bob (the NH) marry in MA after MA recognizes same-sex marriage, but are domiciled Texas (TX),” the guidance says. “Bill files for husband’s benefits on Bob’s record. They meet all other factors of entitlement. Hold the claim.”
William “BJ” Jarrett, a Social Security spokesperson, confirmed on Monday the agency is processing some Social Security retirement spouse claims when the individual was married in a state that permits same-sex marriage and lives in a marriage-equality state at the time of application — or while the claim is pending a final determination. Still, he acknowledged other retirement claims are on hold.
“For all other claims, including Social Security survivors benefits, we continue to work with the Department of Justice on the development and implementation of policy and processing instructions,” Jarrett said. “We do, however, encourage individuals who believe they may be eligible for Social Security benefits to apply now to protect against the loss of any potential benefits.”
The reasoning for placing these claims on holds is statutory. Social Security law looks to the state of residence when a couple applies for benefits to determine if they’re married instead of looking to the place of celebration.
Even so, LGBT advocates say it’s possible for the Obama administration to interpret the Supreme Court ruling against DOMA in a broad way that allows them to offer Social Security benefits to a greater number of couples.
Michael Cole-Schwartz, a Human Rights Campaign spokesperson, indicated that no final decision has been with the assessment of these benefits as he encouraged the Obama administration to expand the benefits to additional couples.
“We are glad to see some couples getting benefits and that the door is still open for those couples living in non-marriage equality states,” Cole-Schwartz said. “We urge them to take the broadest interpretation to ensure the maximum numbers of same sex couples have access to benefits.”
Susan Sommer, a senior counsel at Lambda Legal, said her organization also believes gay couples in civil unions or domestic partnerships should also be eligible for Social Security benefits.
“We think that the laws reads for sure to includes those people who live in those states that have a civil union or domestic partnership, but waiting to hear from the Obama administration for confirmation on that point,” Sommer said.
But a statutory change may be necessary. In that event, Rep. Linda Sanchez (D-Calif.) has introduced Social Security Equality Act, which would enable gay couples to receive Social Security no matter where they live — even if their union isn’t a marriage, but a civil union or a domestic partnership.
“It is time for our government to stop telling gay and lesbian couples that they are second class citizens,” Sanchez said last week in a statement. “Same-sex couples pay into Social Security over the course of their working lives just like other Americans. They should receive the full benefits they have earned.”
2. TAXES
Another question is whether legally married same-sex couples throughout the country will be eligible for tax benefits — such as the exemption from the estate tax, the ability to jointly file and exemption from taxes on employer-provided spousal health benefits — in the wake of the DOMA decision. These couples are currently not receiving benefits if they live in states that haven’t legalized marriage equality.
That means if DOMA-lawsuit plaintiff Edith Windsor had moved to a non-marriage equality state like Alabama with Thea Spyer after marrying in Canada, she wouldn’t have been eligible for exemption from the estate tax as a result of her own lawsuit.
But what’s different about these benefits is that neither law nor regulation keeps these benefits from flowing to married same-sex couples that live in marriage equality states. It’s simply the policy of the Internal Revenue Service to look to the state of residence as opposed to the state of celebration in determining whether a couple is married.
Lambda’s Sommer pointed out that only policy is keeping the IRS from allowing these couples in non-marriage equality states to receive tax benefits entitled to other married couples.
“We are aware of no statute or even a regulation that prescribes a choice of law rule for determining the marital status for tax purposes,” Sommer said. “There’s no legal impediment to having the administration follow a place of celebration standard. It could so in addition to, say a place of domicile standard, which has been articulated in some tax court rulings, but still, in some circumstances, as a place of celebration rule.”
An IRS spokesperson referred to the statement currently on the agency’s website posted at the time of the Supreme Court in response to inquiry on whether IRS would implement tax benefits for married same-sex couples on the nationwide basis, regardless of their states of residence.
“We are reviewing the important June 26 Supreme Court decision on the Defense of Marriage Act,” the statement says. “We will be working with the Department of Treasury and Department of Justice, and we will move swiftly to provide revised guidance in the near future.”
3. VETERANS BENEFITS
Defense Secretary Chuck Hagel announced on the day the U.S. Supreme Court struck down DOMA that the Pentagon would comply the law to implement benefits for service members with same-sex spouses. But the question of whether veterans will be included as part of the package remains to be seen.
In U.S. Code, the Pentagon was previously unable to provide gay troops spousals benefits under Titles 10 and 32, which govern rights for service members, because of the Defense of Marriage Act. Now that the Supreme Court has struck down Section 3 of DOMA, those benefits should begin to flow.
However, the benefits under Title 38, which governs benefits for veterans, define spouse independently of DOMA in opposite-sex terms. Some of the benefits allocated under this law are disability benefits, survivor benefits and joint burial at a veteran’s cemetery. It’s unclear whether these benefits will begin to flow along with these other benefits because of the wording within the law.
Multiple media outlets are reporting that the Pentagon intends to have the benefits issue wrapped up by Aug. 31 along with the extension of benefits that were available under DOMA, such as military IDs, that were announced in February. Additionally, the U.S. Justice Department is required to file in McLaughlin v. Hagel, an ongoing DOMA lawsuit, to provide a status report by Sept. 9 on benefits afforded to gay troops addressing the Title 38 issue. An informed source told the Washington Blade the issue may be resolved as soon as this week.
Alex Nicholson, who’s gay and legislative director for Iraq & Afghanistan Veterans of America, said his organization has spoken about the issue with the administration and believes it has a “justifiable mandate” to afford these benefits to the legal spouses gay veterans.
“It’s not surprising that they’re taking their time to figure this out and do it right, but I think the mandate from the Supreme Court was clear enough that they could definitely move a little faster,” Nicholson said.
Lambda’s Sommer said the issue for gay veterans isn’t so much Title 38 because Title 1 of the U.S. Code should allow for a gender-neutral construction of this law. Still, she said other portions of the law related to veterans benefits could impact gay veterans seeking claims.
“In the veterans benefits area, there is also a statute kind of like what’s seen in the Social Security context that looks to the place of domicile at the time of celebration or when the right to the benefit has accrued,” Sommer said. “We’ll have to await guidance for how the administration will treat veterans who resided at the time of their marriage, and continue to live, in states that don’t respect their marriages.”
Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, said the Defense Department is working on the issue, but unable to provide additional information.
“The Department of Defense is working alongside the Department of Justice to implement the Court’s decision as quickly as possible,” Christensen said. “At this time no decisions have been made.”
In a statement provided to the Blade, the Department of Veterans Affairs similarly said the department was working to implement the benefits without providing anything conclusive on the extent to which they would flow.
“Our commitment to our Veterans and their families will continue to be our focus as we work to comply with recent Supreme Court decisions,” the statement says. “We are working closely with the Department of Justice to review relevant statutes and policies to implement any necessary changes to Federal benefits and obligations swiftly and smoothly in order to deliver the best services to all our nation’s Veterans.”
Here a change in the law may be required as well. The Charlie Morgan Act, introduced by Sen. Jeanne Shaheen (D-N.H.), would enable spousal benefits to flow to gay veterans. It was reported out of the Senate Committee on Veterans’ Affairs just prior to August recess.
4. FAMILY AND MEDICAL LEAVE
Yet another issue that related to family leave still persists a few days after the Labor Department issued guidance stating the Family & Medical Leave Act will apply to married same-sex couples in the wake of the Supreme Court decision against DOMA: Will the change apply to married same-sex couples in non-marriage equality states?
On Friday, Labor Secretary Thomas Perez issued guidance to department staff notifying them the Wage & Hour Division made the change as the result of the work with the Justice Department and calling the Supreme Court ruling against DOMA “a historic step toward equality for all American families.”
“As part of this process, the Department of Labor updated several guidance documents today to remove references to DOMA and to affirm the availability of spousal leave based on same-sex marriages under the Family and Medical Leave Act (FMLA),” Perez said. “This is one of many steps the Department will be taking over the coming months to implement the Supreme Court’s decision.”
The Family & Medical Leave Act entitles employees to take unpaid, job-protected leave for family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to 12 work weeks of leave in a year-long period for the birth of a child or to care for spouse and up to 26 work weeks of leave to care for a service member with a serious injury.
But under current policy, this post-DOMA application of the Family & Medical Leave Act won’t apply to married same-sex couples if they place of residence doesn’t recognize same-sex marriage. A Labor Department official said the Wage & Hour Division’s Family & Medical Leave Act regulations define “spouse” for purposes of marriage as recognized under the state law where an employee resides. All that would be required for to change this policy is a change in regulation.
Tico Almeida, president of Freedom to Work, called on the Labor Department to update the regulations so same-sex marriages are recognized by the state of celebration for family and medical leave purposes.
“The couple that lives in Alabama, flies to New York City for the weekend to get married and returns to Alabama deserves to have the same FMLA rights as the gay and lesbian couples that live in New York City,” Almeida said. “We want a 50-state solution, and that means recognizing same-sex marriages by the state of celebration, even though current FMLA regulations recognize marriage by the state of residency.”
National
Human Rights Watch sharply criticizes US in annual report
Trump-Vance administration ‘working to undermine … very idea of human rights’
Human Rights Watch Executive Director Philippe Bolopion on Wednesday sharply criticized the Trump-Vance administration over its foreign policy that includes opposition to LGBTQ rights.
“The U.S. used to actually be a government that was advancing the rights of LGBT people around the world and making sure that it was finding its way into resolutions, into U.N. documents,” he said in response to a question the Washington Blade asked during a press conference at Human Rights Watch’s D.C. offices. “Now we see the opposite movement.”
Human Rights Watch on Wednesday released its annual human rights report that is highly critical of the U.S., among other countries.
“Under relentless pressure from U.S. President Donald Trump, and persistently undermined by China and Russia, the rules-based international order is being crushed, threatening to take with it the architecture human rights defenders have come to rely on to advance norms and protect freedoms,” said Bolopion in its introductory paragraph. “To defy this trend, governments that still value human rights, alongside social movements, civil society, and international institutions, need to form a strategic alliance to push back.”
The report, among other things, specifically notes the U.S. Supreme Court’s Skrmetti decision that uphold a Tennessee law banning gender-affirming medical interventions for minors.
The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the U.N. Human Rights Council. Bolopion in response to the Blade’s question during Wednesday’s press conference noted the U.S. has also voted against LGBTQ-inclusive U.N. resolutions.
Maria Sjödin, executive director of Outright International, a global LGBTQ and intersex advocacy group, in an op-ed the Blade published on Jan. 28 wrote the movement around the world since the Trump-Vance administration took office has lost more than $125 million in funding.
The U.S. Agency for International Development, which funded myriad LGBTQ and intersex organizations around the world, officially shut down on July 1, 2025. The Trump-Vance administration last month announced it will expand the global gag rule, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services, to include organizations that promote “gender ideology.”
“LGBTQ rights are not just a casualty of the Trump foreign policy,” said Human Rights Watch Washington Director Sarah Yager during the press conference. “It is the intent of the Trump foreign policy.”
The report specifically notes Ugandan authorities since the enactment of the country’s Anti-Homosexuality Act in 2023, which punishes “‘carnal knowledge’ between people of the same gender” with up to life in prison, “have perpetrated widespread discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) people, their families, and their supporters.” It also highlights Russian authorities “continued to widely use the ‘gay propaganda’ ban” and prosecuted at least two people in 2025 for their alleged role in “‘involving’ people in the ‘international LGBT movement’” that the country’s Supreme Court has deemed an extremist organization.
The report indicates the Hungarian government “continued its attacks on and scapegoating of lesbian, gay, bisexual, and transgender (LGBT) people” in 2025, specifically noting its efforts to ban Budapest Pride that more than 100,000 people defied. The report also notes new provisions of Indonesia’s penal code that took effect on Jan. 2 “violate the rights of women, religious minorities, and lesbian, gay, bisexual, and transgender (LGBT) people, and undermine the rights to freedom of speech and association.”
“This includes the criminalization of all sex outside of marriage, effectively rendering adult consensual same-sex conduct a crime in Indonesia for the first time in the country’s history,” it states.
Bolopion at Wednesday’s press conference said women, people with disabilities, religious minorities, and other marginalized groups lose rights “when democracy is retreating.”
“It’s actually a really good example of how the global retreat from the U.S. as an actor that used to be very imperfectly — you know, with a lot of double standards — but used to be part of this global effort to advance rights and norms for everyone,” he said. “Now, not only has it retreated, which many people expected, but in fact, is now working against it, is working to undermine the system, is working to undermine, at times, the very idea of human rights.”
“That’s definitely something we are acutely aware of, and that we are pushing back,” he added.
2026 Midterm Elections
LGBTQ Victory Fund looks beyond Washington for change in 2026
Vice President of Political Programs Daniel Hernández spoke with Blade
As the Trump-Vance administration enters its second year, LGBTQ people from around the country are running for public office amid fears of the removal of federal civil rights laws that could lead to rollbacks in protections.
The Washington Blade sat down with Daniel Hernández Jr., the newly made vice president of political programs for the LGBTQ Victory Fund, a nonpartisan political action committee dedicated to electing openly LGBTQ individuals to all levels of government, to discuss why now is more important than ever to actualize LGBTQ political power.
Hernández is often credited with saving the life of then-U.S. Rep. Gabrielle Giffords (D-Ariz.) while working as her 20-year-old intern in Tucson, Ariz., in 2011. He served on the Pima County School Board and in the Arizona House of Representatives from 2017-2023, advocating for LGBTQ rights, healthcare access, and education.
Founded in 1991, the Victory Fund was created by a group of prominent LGBTQ political voices, including Dallas gay rights activist William Waybourn and former Human Rights Campaign Fund Executive Director Vic Basile, who were inspired by the success of EMILY’s List, a PAC that works to elect Democratic women to office.
Since its founding, the Victory Fund has worked with LGBTQ advocates and LGBTQ-supportive donors who recognized the need to prepare LGBTQ people to run for office nationwide.
When asked where LGBTQ people and allies need to focus looking ahead, Hernández emphasized that 2026 will be won or lost at the state and local level.
“One of the bigger things that people may not be paying as close attention to as we really should is the impact of state and local races. Federal races are crucial, obviously, but the folks who are actually able to have an impact in a meaningful way right now are not the people in the U.S. House or Senate,” Hernández said. “It can take years before a bill even moves through Congress. Meanwhile, state and local leaders are the ones standing up and fighting for our rights today. Especially during this Trump administration, that’s where the real action is happening.”
He expanded on that point, saying that at this moment in the U.S. political landscape, statewide races matter far more than they are often given credit for — particularly as 2026 is a midterm year under President Donald Trump. People who win elected office in midterm years, Hernández explained, are many times viewed as legislators pushing back against the administration at the top.
“Looking at 2026 in particular, because it’s a midterm year, people sometimes forget just how many critical statewide races are on the ballot. We have people like Chris Mayes in Arizona, who won by less than 300 votes in a battleground state and is now running for reelection,” he said. “These are the races that protect democracy and protect people’s rights in real time. If we ignore them, we’re doing so at our own peril. Statewide offices are where so much power actually lives.”
Hernández also urged LGBTQ voters and donors to think critically about where their time, money, and energy are going — particularly as resources remain limited heading into 2026 and not every race is winnable.
“I think one thing we don’t do enough as a community is pause and ask whether our resources are actually going where they can have an impact. If someone is running against a Republican in a plus-20 Republican state that hasn’t elected a Democrat in decades, do I really need to give my limited resources there? Or does it make more sense to support candidates in competitive states like Arizona or Wisconsin? In 2026, we have to be more strategic, because our resources are not unlimited. Winning matters.”
That calculation, Hernández said, also means moving away from what he described as emotionally driven donations and toward a more deliberate strategy.
“Our community is incredible at rallying when we’re angry, and I call that ‘rage giving.’ Someone awful is in office, a challenger pops up, and we all open our wallets. But what we really need to be doing is asking where that money will actually move the needle. In 2026, it’s not enough to feel good about donating — we have to make sure those donations help candidates who can realistically win. That’s how we protect LGBTQ rights long term.”
Asked how the Victory Fund determines which candidates receive endorsements — especially amid a growing field of openly LGBTQ contenders — Hernández emphasized that viability is central to the organization’s approach in 2026.
“One of the things we’re really focused on in 2026 is viability. We’re not endorsing people who have a zero-percent chance of winning. We’re looking at candidates who are running strong campaigns, who have plans, who are fundraising, and who are doing the work. That’s important because our community deserves guidance it can trust. When you see a Victory endorsement, it means we believe that candidate can actually win.”
Hernández also pushed back on the long-standing notion that being openly LGBTQ is a political liability — an argument that has resurfaced amid right-wing attacks on LGBTQ candidates.
“There’s been this long-standing perception that being LGBTQ is a liability and that it can cost Democrats elections. But when you actually look at the data, that just isn’t true. The reality is that being LGBTQ is not a risk — it’s often a strength. Voters care about roads, health care, affordability, and jobs, not fear-based caricatures. In 2026, we’re seeing more LGBTQ candidates than ever because people understand that now.”
That shift, he added, has helped reframe what LGBTQ candidates are actually campaigning on — despite efforts by conservatives to reduce them to culture-war issues.
“The so-called ‘gay agenda’ is not bathrooms. It’s making sure people have access to health care, that roads are safe, and that families can afford to live. LGBTQ candidates are talking about the same bread-and-butter issues as everyone else. That’s why the idea that LGBTQ candidates cost elections just doesn’t hold up. In fact, we’re seeing them lead on some of the most important issues facing voters right now.”
As misinformation and fear-based narratives continue to dominate right-wing messaging, Hernández said openly LGBTQ elected officials play a crucial role in countering those attacks — both through policy and presence.
“First and foremost, any elected official’s responsibility is to their constituents. That’s what we’re seeing from LGBTQ officials who are focused on affordability, health care access, and consumer protections while Republicans obsess over culture-war nonsense,” Hernández said. “But there’s also a responsibility to be authentic. Being honest about who you are and why you fight matters. That authenticity cuts through fear-based disinformation.”
Looking ahead to 2026, Hernández pointed to transgender elected officials as a particular source of momentum and optimism, even amid intensified political attacks.
“Our trans elected officials are honestly at the forefront of some of the biggest battles we’re facing right now. Despite relentless attacks and vilification, they are still delivering results for their communities. That tells me something incredibly powerful about where the country is headed. Even in this political climate, trans leaders are winning and governing. That gives me a lot of hope for 2026.”
Ultimately, Hernández said the stakes of the upcoming cycle extend far beyond a single election, shaping the future of LGBTQ political leadership nationwide.
“The leaders we elect at the state and local level today are the members of Congress and senators of tomorrow. People don’t just wake up one day and run for Congress — they come from city councils, state legislatures, and school boards. That’s why 2026 is so important. If we invest now, we’re not just defending our rights in the moment, we’re building the next generation of LGBTQ leadership.”
Victory Fund’s endorsed candidates
Incumbents Endorsed: January 2026
- Helen Grant (they/them) – Norman City Council, Ward 4, Okla.
- Louie Minor (he/him) – Bell County Commission, Precinct 4, Texas
- Jonathan West (he/him) – Manchester Selectboard, Vt.
- George Leach (he/him) – Court of Common Pleas, Franklin County Judge, Ohio
- John Fredrickson (he/him) – Nebraska State Senate, District 20
- Ben Bowman (he/him) – Oregon House of Representatives, District 25
- Jeffrey Prang (he/him) – Los Angeles County Assessor, Calif.
- Amie Carter (she/her) – Sonoma County Superintendent of Schools, Calif.
- Elinor Levin (she/her) – Iowa House of Representatives, District 89
- Ken Carlson (he/him) – Contra Costa County Supervisor, District 4, Calif.
- Emma Pinter (she/her) – Adams County Commission, District 3, at-large, Colo.
- Justin Chenette (he/him) – York County Commission, District 3, Maine
- Kris Fair (he/him) – Maryland House of Delegates, District 3
- Jennifer Cornell (she/her) – Ann Arbor City Council, Ward 5, Mich.
- Darlene Martinez (she/her) – Constable, El Centro – Downtown Phoenix, Ariz.
- Brian Garcia (he/him) – Arizona House of Representatives, District 8
- Christian Phelps (he/him) – Wisconsin State Assembly, District 93
- Jack Patrick Lewis (he/him) – Massachusetts House of Representatives, 7th Middlesex
- Will Brownsberger (he/him) – Massachusetts State Senate, Suffolk and Middlesex Counties
- Julian Cyr (he/him) – Massachusetts State Senate, Cape & Islands District
- CM Hall (she/they) – Newport City Council, Ore.
- Jimmy Mack (he/him) – Southampton Town Trustee, N.Y.
- Michael Vargas (he/him) – Elk Grove USD Board of Education, Area 2, Calif.
- Lisa Grafstein (she/her) – North Carolina State Senate
- Hector Bustos (he/him) – Trustee, Santa Ana Unified School District, Calif.
Newly Endorsed Candidates – January 2026
- Kirk McPike (he/him) – Virginia House of Delegates, District 5
- Winn Decker (he/him) – North Carolina House of Representatives, District 37
- Jonathan Lambert-Melton (he/him) – Wake Co. Board of Commissioners, At-Large, N.C.
- Karen Stegman (she/her) – Orange County Board of Commissioners, At-Large, N.C.
- Landon Campbell (he/him) – Hays County Criminal District Attorney, Texas
- Christine Castillo (she/her) – Bexar County District Clerk, Texas
- Nicholas “Nico” Costilla (he/him) – Hays County Clerk, Texas
- Davis Mendoza Darusman (he/him) – Harris Co. Justice of the Peace, Pct. 5, Pl. 2, Texas
- Nicholas Palmer (he/him) – Justice, Fifth Court of Appeals, Texas
- José “Che-Che” Wilson (he/him) – Cook County Board of Commissioners, District 12, Ill.
- Sarah Bury (she/her) – Metropolitan Water Reclamation District Board of Commissioners, Ill.
For more information of the LGBTQ Victory Fund’s endorsments, qualifications, or on how to register to receive an endorsement, visit the organization’s website at victoryfund.org
Congress
New Equality Caucus vice chair endorses Equality Act, federal trans bill of rights
Salinas talks about her personal road to LGBTQ advocacy
Rep. Andrea Salinas, the new vice chair of the Equality Caucus, sat down with the Blade to discuss the battles ahead as she demands protections for LGBTQ Americans.
Salinas is no stranger to government service. The daughter of a Mexican immigrant, she graduated from the University of California, Berkeley, and soon became a valued member of multiple Democratic offices — including working as a congressional aide to U.S. Sen. Harry Reid (D-Nev.) and U.S. Reps. Pete Stark (D-Calif.) and Darlene Hooley (D-Ore.). From there, she served six years in the Oregon House of Representatives before being elected to Congress, representing areas south of Salem and parts of southern Portland. With her new role in the Equality Caucus, Salinas vows to push protections for LGBTQ Americans in every room she enters.
The Washington Blade spoke with Salinas last week following her leadership announcement to discuss what the role means to her, why she — as a straight woman— feels it is her duty to fight for LGBTQ protections, and how she views the current state of the country.
When asked why she decided to take on a leadership role within the Equality Caucus, Salinas explained that she was already doing the work — but that the timing of the caucus’s outreach, coupled with what she described as a growing threat posed by the Trump-Vance administration, made the moment feel especially urgent.
“I was actually asked to take on this role because of the work I’ve already been doing. I didn’t seek out a title— the Congressional Equality Caucus came to me, and I was honored by that,” the Oregon representative told the Blade. “I’ve been a lifetime advocate, first as a mother and then as a legislator. With Trump back in office and the shackles off, kids are vulnerable right now, and they’re being attacked. We need champions, and with or without a title, I was going to do this work anyway.”
That work includes passing LGBTQ-related education policy during her time in the Oregon House of Representatives, requiring the Oregon Department of Education to train teachers on how to better support LGBTQ students. She also backed legislation aimed at preventing LGBTQ-related bullying and harassment, while using her platform to ensure educators had the skills needed to address trauma in the classroom. Salinas also pushed for Oregon’s 2013 conversion therapy ban and played a role in defending it.
Salinas said her personal motivation for expanding and protecting LGBTQ rights is rooted in the experiences of her daughter, Amelia.
“My daughter is queer, and she has known who she is since she was a child,” Salinas said. “She presents very masculine, and I’ve had to advocate for her her entire life — from whispers on soccer sidelines to fears about using the bathroom when she was just three or four years old. That kind of bullying and harassment stays with you as a parent. It became part of who I am, part of my ‘mama bear’ advocacy. When I entered public office, continuing that fight was the most natural thing in the world.”
That “mama bear” advocacy, she said, now extends far beyond her own family.
“Across this country, kids are vulnerable right now, and Trump is attacking them,” she said. “My daughter was devastated after the 2024 election— she said, ‘They’re coming after us,’ and she was right. That fear is real, especially for transgender youth. Civil rights should be expanding, not being stripped away from certain communities. That’s why this fight feels so urgent.”
Since returning to the White House in 2024, the Trump administration has moved to roll back anti-discrimination protections, particularly those affecting transgender people. These efforts include barring transgender people from serving openly in the military, blocking access to gender-affirming medical care in federal health programs, challenging state laws that protect transgender students on religious grounds, and arguing that the Constitution entitles employers to discriminate against LGBTQ people based on religious beliefs — even in states with nondiscrimination laws.
For Salinas, the Equality Caucus’s most urgent task under the Trump-Vance administration is advancing what she called a long-sought but non-negotiable priority: the Equality Act.
The Equality Act would add explicit protections based on sexual orientation and gender identity to federal law. Despite more than five decades of debate on Capitol Hill, no version of the bill has yet become law.
“We have to keep pushing the Equality Act— there’s no way around that. No one should be discriminated against in housing, employment, credit, or healthcare because of who they are,” Salinas said. “Republicans are making LGBTQ identity a political wedge because they think it’s expedient, and that’s unacceptable. Sexual orientation and gender identity should not matter in determining someone’s access to opportunity. Yet here we are, still having to fight for that basic principle.”
Salinas added that advancing legislation like the Equality Act requires compassion— even when that compassion is not returned— and a commitment to education.
“We have to meet people where they are— Democrats, Republicans, independents, all of them. Until you know a family, or understand someone’s lived experience, it can feel abstract and overwhelming,” she said. “Education, compassion, and empathy are essential to moving the dial. When people understand this is about human rights, not politics, conversations start to change. That’s how we build broader support.”
She also emphasized the need for a federal transgender bill of rights, which would provide explicit protections for transgender Americans amid what she described as an increasingly hostile federal environment.
“A transgender bill of rights would clarify that discrimination against transgender and nonbinary people is illegal — in employment, housing, credit, and healthcare,” Salinas said. “What’s happening right now, with efforts to criminalize doctors for providing evidence-based care, is unheard of and dangerous. We also need to ban conversion therapy nationwide, because states are increasingly trying to undo those protections through the courts. These safeguards are about ensuring people can live safely and with dignity. That should not be controversial.”
Mental health is another central focus of Salinas’s work. She said ensuring children have access to support— particularly LGBTQ youth— is critical to their long-term wellbeing.
After the Trump administration eliminated the LGBTQ-specific option from the 988 Suicide and Crisis Lifeline, Salinas said her reaction was one of outrage.
“When Trump shut down the 988 press-three option for LGBTQ youth, I was apoplectic,” she said. “It is one of the simplest, most upstream ways to save lives, and it felt arbitrary, cruel, and inhumane. We know the suicide risk among transgender youth is far higher than among non-LGBTQ kids. Connecting them with someone who understands their experience can be life-saving. This should be bipartisan, and I’m going to keep pushing to restore it.”
“You cannot be what you cannot see….” she added while reflecting on the handful of LGBTQ leaders who have— and continue to— navigate the halls of Congress to protect their community. “When Sarah McBride was elected, my daughter met with her and walked out glowing… joyful, hopeful, and excited about the future. That kind of representation changes lives. Electing LGBTQ leaders changes the trajectory for people across the country. Grassroots organizing and electoral power go hand in hand, and we need both.”
With Salinas’s experience in both the Oregon House of Representatives and the U.S. House of Representatives, she said that while one arena may reach more people, change often begins locally, especially when combating anti-LGBTQ attacks.
“I’ve seen how misinformation fuels fear at the local level— whether it’s school board fights or bathroom debates rooted in baseless claims. There is no data to support these scare tactics,” she said, echoing her past work with the Oregon Department of Education. “What actually helps is facts, education, and training teachers to better support LGBTQ students. I passed legislation in Oregon to give educators real tools to prevent bullying and harassment. That kind of work matters just as much as what we do in Congress.”
Despite just being named vice chair of the Equality Caucus, the Blade asked Salinas what legacy she hopes to leave, particularly when it comes to LGBTQ advocacy.
“I want people to be able to live authentically, without fear from their government or their neighbors. That means passing real legislation— the Equality Act and a transgender bill of rights— so protections are not dependent on who’s in power. Civil and human rights are meant to expand, not contract.
“I’ve been doing this work since I became a mother, and I’ll keep doing it for as long as it takes. My daughter deserves it, and so does every LGBTQ person in this country.”
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