Politics
Judge sets Feb. 25 trial for Michigan marriage ban
Hopes dashed for quick ruling in favor of marriage rights for gay couples

April DeBoer (on left) and Jayne Rowse speak at a rally before the Michigan court hearing on marriage equality (Washington Blade photo by Chris Johnson).
DETROIT — A federal judge on Wednesday dashed the hopes of those seeking a quick ruling in favor of marriage equality in Michigan when he instead announced he would bring the case to trial beginning Feb. 25.
Following 60 minutes of oral arguments, U.S. District Judge Bernard Friedman declared he would hold an “expedited” trial where experts could testify on whether the state has a legitimate interest to ban same-sex marriage, denying requests from both sides to grant summary judgment. The judge granted attorneys 30 days to prepare a witness list for the trial.
“What is in dispute… is whether or not there’s a legitimate state interest, and that’s a battle of the experts,” Friedman said.
The case before the court, DeBoer v. Snyder, was filed last year by April DeBoer and Jayne Rowse, a lesbian couple in Hazel Park, Mich. They initially filed their complaint to seek second-parent adoption rights for their three children, but later amended their complaint to ask the court to overturn the constitutional ban on same-sex marriage approved by voters in 2004.
Friedman announced his decision to bring the case to trial after hearing arguments both for and against lifting the marriage ban from attorneys in oral arguments. Both sides drew on the U.S. Supreme Court decision against the Defense of Marriage Act in making their case on the constitutionality of the ban on same-sex marriage. It was the first oral arguments on marriage in federal court since the Supreme Court decisions in June.
Attorney general argues on behalf of marriage ban
Representing the state during oral arguments was Assistant Attorney General Kristin Heyse, who argued the court should deny the requests of plaintiffs in the case on the basis that Michigan’s ability to make its own decisions on domestic relations is “indisputable” following the DOMA decision.
“The relief that they request in this particular case, your honor, would require this court to usurp the same sovereign authority that governs domestic relations,” Heyse said. “This the court should decline to do.”
Carole Stanyar, one of four private attorneys representing plaintiffs in the lawsuit, made use of the DOMA decision the other way during arguments by pointing the language in the decision pertaining to children, saying the children of her clients are being harmed under state law.
“I absolutely believe, your honor, that the five justices that decided on that language were looking past that case to pass the language in Windsor to our plaintiffs, our littlest plaintiffs, to these children, to the children of gay and lesbian parents all across Michigan and all across America,” Stanyar said.
Stanyar also maintained Heyse’s interpretation of the DOMA decision is incorrect because although the Supreme Court said domestic relationships are up to the states, they can’t act in a way that’s unconstitutional with regard to the people involved.
Other cases also came into play.
Heyse maintained that Baker v. Nelson, a case seeking same-sex marriage that the Supreme Court refused to hear in 1972, provided the controlling precedent in the case. At this point, Friedman interrupted her, saying “That’s about a 40 year old case! What about Lawrence?”
But Heyse maintained the issue of homosexual relations is different than the issue of marriage, which she said is still controlled by Baker.
Further, she pointed to two other recent district court decisions in Nevada and Hawaii that upheld bans on same-sex marriage as a result of the Baker decision. However, both decisions were rendered before the Supreme Court decisions in expanding marriage equality this June.
Urging the court to avoid ruling in favor of plaintiffs by applying a heightened scrutiny to Michigan’s law and marriage and adoption, Heyse said, “There is no fundamental right to same-sex marriage or adoption.”
Prefacing her arguments by saying they weren’t an attack on the gay people, Heyse said the electorate had a legitimate interest in approving a ban on same-sex marriage and proper venue for making a decision on both the marriage and adoption issue is through the legislative process, not the courts.
“The people of the state of Michigan should be allowed to decide when and if there should be a change in the law,” Heyse said. “In 2004, nearly 2.7 million voters chose to reaffirm traditional definition of marriage, which remains between one man and one woman. That was not a vote against the gay and lesbian community, but a vote to maintain the traditional definition.”
At one point during the arguments, Stanyar and Friedman had an exchange when the attorney said the court should rule for her client because social science indisputably says gay parents are just as fit to be parents as heterosexuals.
Friedman responded her couldn’t make a ruling on any one piece of social science alone because there may be other opinions, but Stanyar held firm, saying the state provided no affidavit to the contrary.
“At this stage in history, it is no longer debatable,” Stanyar said. “These things have been proven. They’ve been proven over and over and over again. They chose to proceed on summary judgment. They haven’t offered you any affidavit.”
Also urging the court to overturn the ban on same-sex marriage was Michael Pitt, an attorney representing Oakland County Clerk Lisa Brown.
Pitt maintained Brown, who filed her own a petition before the court in favor of overturning the marriage ban, would not “delay even one minute” to give marriage licenses to gay couples if the court allowed her to do so.
“The clerk knows, as we all do, that committed same-sex couples live together as a family, sometimes for decades, raise children together, provide financial stability for each other, help each other in time of illness, help each others’ family members and, at the end of life, they are there to provide comfort and say goodbye,” Pitt said. “These relationships define our personal autonomy, our liberties, and no law has ever trampled on these personal choices.”
Pro-gay lawyers see opportunity in trial
The judge’s decision to bring the case to trial is along the lines of what happened in the federal lawsuit that overturned California’s Proposition 8. When the case came before U.S. District Judge Vaughn Walker in 2010, he ordered that a trial would be held before issuing ruling against the referendum against same-sex marriage.
Dana Nessel, another attorney representing the plaintiff couple, said on the steps of the court after the arguments she’s disappointed in the delay, but will prepare witnesses as requested by the judge.
“Naturally, there’s some mild disappointment there,” Nessel said. “But we look forward to a trial and we look forward to the opportunity to present our experts in the case. Honestly, we have an overwhelming amount of evidence to present to the court to show that same-sex parents are every bit as good as opposite-sex parents. We know that to be the truth.”
Jay Kaplan, a staff attorney for the ACLU of Michigan, was present in the courtroom during the oral arguments and later told the Washington Blade the delay in a decision is “disappointing,” but a trial would be beneficial in the pursuit of marriage equality because the opposing side won’t be able to produce witnesses.
“I think what the judge is basically saying is he wants to make sure that whatever decision he renders can be backed up with strong facts, testimony and expertise,” Kaplan said. “When you look at the California case…proponents of marriage equality couldn’t find those people to back up those assertions. I think the same thing will happen in the State of Michigan. They’re not going to be able to find reputable studies with experts who can support denying gay couples the right to marry.”
Oakland County Clerk Lisa Brown was also present near the court after the hearing, saying she knows of gay couples are disappointed because they called her office asking if they could obtain marriage licenses there if the court ruled for marriage equality.
“Those rights are being violated, I think, and it’s very disappointing,” Brown said.
Asked by the Washington Blade if she would help with preparing with witness lists for the trial, Brown said she’s still surprised that Friedman made the decision take the case there.
“I think we’re all still kind of surprised that this is what the judge decided today,” Brown said. “He could have done this in the summer when we had a hearing. In all the scenarios that we imagined that would happen today, this was not one of them.”
Heyse had no comment in response to the Blade’s questions following the oral arguments and directed inquiries to the attorney general’s office. It didn’t respond to requests for comment.
2026 Midterm Elections
Ken Paxton wins Texas Republican primary runoff
LGBTQ rights opponent will face Democrat James Talarico in November
Attorney General Ken Paxton won the Republican Senate primary in Texas on Tuesday, ousting incumbent U.S. Sen. John Cornyn.
Paxton won the primary against the four-term incumbent in large part due to President Donald Trump’s endorsement. Despite Cornyn voting with Trump more than 90 percent of the time, political insiders say being supportive isn’t enough to win Trump’s endorsement anymore — Republican candidates need to embrace the full MAGA image, something Paxton has done.
Paxton has served as Texas attorney general since 2015 and, before that, worked as a Texas state representative. He has approached both roles with what LGBTQ activists call a “consistently Anti-LGBTQ+ Record.” Following the landmark U.S. Supreme Court decision in Obergefell v. Hodges — the case that made same-sex marriage the law of the land — Paxton advised Texas county clerks they could refuse marriage licenses to same-sex couples on religious grounds.
His anti-LGBTQ crusade doesn’t stop at fighting against marriage equality.
Paxton has repeatedly demanded medical records for transgender youth in multiple states — including Texas, Georgia, and Washington — in hopes of making the practice illegal. His anti-trans actions go far past medical records. Paxton issued an opinion barring trans Texans from changing the sex on their driver’s licenses and birth certificates, claiming any changes made were “unlawfully altered,” and helped the DOJ reach an agreement with a Texas’s children’s hospital for providing minors gender-affirming care, eventually leading to a 10 million dollar settlement. He also authored a non-legally binding opinion equating gender-affirming healthcare for youth to child abuse.
In addition to his long history of anti-LGBTQ policy in the Lone Star State, Paxton is no stranger to controversy.
Multiple impeachment efforts brought against him in the state House of Representatives for “abuse of office” — with the state Senate later acquitting him — allegations that he used his office to assist large campaign donors, namely Nate Paul, and a widely publicized separation from his wife, state Sen. Angela Paxton, all impacted his run for the U.S. Senate seat — but not enough to keep him from the office.
Lynne Bowman, vice president of campaigns at the Human Rights Campaign, issued a statement following the announcement of Paxton’s primary win.
“Texans have a clear choice this fall, and an opportunity to reject failed policies that hurt all families,” Bowman sent to the Blade via email. “Ken Paxton is so out of step that he has fought to undercut marriage equality and spent time demanding personal medical records for young people who do not even live in Texas, all while becoming the most corrupt politician in America. The more than 2 million Equality Voters in Texas will send him packing.”
Paxton will face off against Democratic hopeful and vocal Trump critic James Talarico in the fall.
Talarico, who won the Democratic primary in April against Congresswoman Jasmine Crockett, has been a vocal supporter of LGBTQ rights, citing his ministry work as the source of his support for the community.
The race for Texas’s Senate seat will be decided on Nov. 3.
2026 Midterm Elections
Bree Fram’s congressional campaign ends but her fight continues
Former highest-ranking trans military member steps back from Va. congressional race
After being forced to retire, Bree Fram couldn’t stop. Restless even after giving everything she had to make the United States Air Force — and later the Space Force — better in every way she could, Fram quickly turned toward a new mission: public office.
The same tenacity that fueled her rise from Air Force researcher to the highest-ranking openly transgender officer in the United States Armed Forces would eventually carry her onto the campaign trail in Virginia.
Now, after months of campaigning, countless conversations with voters, and abrupt shifts in Virginia’s political landscape, Fram has stepped back from her congressional run.
Fram sat down with the Blade to discuss her decision to step away, what she learned on the campaign trail, and what comes next.
Earlier this month, the Virginia Supreme Court struck down a voter-approved Democratic congressional redistricting plan that likely would have created multiple additional Democratic-leaning seats in the U.S. House. The ruling dramatically altered the district Fram had built her campaign around and left little time for candidates to adjust before voting began.
“That decision really was the end of my campaign, that there was not the chance after that ruling, particularly so late in the game, for me to meaningfully pivot back to a different district and have a conversation with voters with just five weeks to go until early voting started,” Fram said. “I do feel that the will of the people has been ignored over a technicality regarding the date of Election Day.”
For Fram, the ruling was not only politically devastating, but personally frustrating after months spent building relationships with voters and shaping a campaign around the district’s needs.
“What was incredibly disappointing about it was that none of the facts about the case had changed from the beginning of the year until when they made the ruling,” she said.
Still, Fram entered the race with a platform centered on affordability, government accountability, and protecting fundamental rights, pledging “to protect our rights, make opportunity affordable, and build a government that works for the people.”
That message focused heavily on affordability — one of the defining political issues of 2026 — and lowering costs for Virginians across ideological, geographic, and generational divides. Fram said voters responded warmly to that vision, even if it ultimately did not lead to an office in the Rayburn House Office Building on Capitol Hill.
“The experience on the trail was fantastic. As a first-time candidate, you never know what you’re really getting yourself into, but any chance I had to get out there and talk with people was amazing,” Fram said. “I had the opportunity to change folks’ minds about trans people, about people from Northern Virginia.”
One conversation with a rural Virginia voter especially stayed with her.
“I called someone who runs a rural art shop… and he started talking about Democrats messaging on trans issues being such a problem,” Fram recalled. “And I’m like, do you know that you’re talking to one?”
Throughout the campaign, Fram said she often found herself breaking down preconceived notions about both transgender people and military service. The impact of that visibility became especially clear during another interaction on the trail that still stays with her.
“I had a young person, maybe 20 years old, come up to me. I could tell there was something on their mind,” Fram said. “I preempted them by saying ‘If you were about to ask if I’m trans, the answer is yes.’”
The young person, she said, appeared visibly relieved.
“As we made small talk I could tell there was something else he wanted to ask,” Fram continued. “Eventually they got it out– that they think they might be too.”
The moment quickly turned emotional.
“And then I asked, do you need a hug, they leaned in at first and then just hung on for dear life,” she said. “So what it means to our community to have that kind of representation out there, and to hopefully inspire others, was incredibly important.”
For Fram, those moments became some of the most meaningful parts of the campaign.
“My experience, I think, helped just shape what was our strategy,” she said.
The campaign also came at a uniquely difficult moment in Fram’s life. The Human Rights Campaign honored Fram alongside four other transgender military officials during a Jan. 8 event in Washington commemorating the forced retirement of transgender service members following President Donald Trump’s Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which directed the Pentagon to prohibit transgender, nonbinary, and gender-nonconforming people from serving openly in the military.
Even while navigating the fallout from the discriminatory policy that forced her retirement, Fram launched a campaign rooted heavily in direct voter engagement and personal storytelling.
Her decades in the military, she said, fundamentally shaped how she approached campaigning and leadership.
“As an officer, particularly the more senior you become, you get more and more training on ‘what does it mean to match your ends’ ways and means,’” Fram said. “My end goal was get into office … and constantly reassess what it looks like.”
Fram also said her military background informed her progressive politics more than many voters expected.
“My military background was interesting, because I was running as the progressive candidate,” she said. “People think you were in the military, how can you possibly be the progressive person?”
Her answer, she said, often surprised people.
“Well, where did you think I learned this stuff?” Fram said. “No matter who we were at the same rank, no matter what our job was, we all got paid the same. We all had government-provided health care where we never needed to worry about a medical bill.”
For Fram, and those who talked with her on the trail, military service reinforced the idea that good governance allows people to thrive.
“You actually learn a lot about progressive policies and good governance that lets people be their best self in the military,” she said. “We understand that military officers’ oaths don’t expire when their time in uniform does, and I think that resonated with a lot of people, that veterans can be part of the solution in getting us out of the situation that we are in today.”
Before launching her campaign, Fram built one of the most extensive careers of any openly transgender military officer in U.S. history, serving in senior leadership roles across the Air Force, Space Force, and intelligence community.
Most recently, she served as chief of the Requirements Integration Division at Headquarters, Space Force, after previously leading acquisition policy for the Air Force’s space programs. Earlier in her career, she oversaw advanced weapons and cyberspace programs at the Air Force Research Laboratory, managed billions in foreign military sales and intelligence-related operations, worked on Capitol Hill as a legislative fellow, and directed major engineering and national security programs at the National Reconnaissance Office.
Fram also co-led the Department of the Air Force’s LGBTQ+ Initiatives Team and deployed in support of Operation Iraqi Freedom. She holds a master’s degree from the Air Force Institute of Technology and is a distinguished graduate of the Naval War College.
Despite stepping away from the race, Fram said she remains optimistic about the future.
“When I look at the big picture of what we did and how we ran a campaign, that is what I’m most proud of,” she said. “It really is the strategy that my team and I were able to craft, the messaging that we were able to share, that was all about connecting our personal story, the story of America to something that says we need a vision of what can be.”
Fram rejected the idea that ending her congressional campaign means ending her public life altogether.
“I can absolutely guarantee that I will not get off the stage. It is just a question of what stage or stages do I jump to,” she said.
She also encouraged LGBTQ people — especially transgender Americans — to stay politically engaged despite increasingly hostile rhetoric and legislation nationwide.
“Just do it,” Fram said. “It is incredibly important to show at every level that people can engage with the political process and make a meaningful difference.”
Congress
Eight Democrats break with party as House advances ‘Don’t Say Trans’ bill
Measure not expected to pass in Senate
The U.S. House of Representatives passed a federal “Don’t Say Trans” bill on Wednesday, attempting to force teachers to out transgender students nationwide.
The bill, House Resolution 2616, also called the “Stopping Indoctrination and Protecting Kids Act,” would require schools to get parental consent before allowing students to use their preferred, rather than originally assigned, gender markers, pronouns, or preferred name on any school form, and to use any sex-based accommodations, including locker rooms or bathrooms.
The bill amends Section 8526 of the Elementary and Secondary Education Act of 1965, legislation that allows for federal aid to help elementary and secondary education programs — particularly those under its lowest-income Title I-A program — to stop allocating funds to any education that teaches concepts “related to gender ideology.”
This is directly related to Executive Order 14168, also known as the “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” order, one of President Donald Trump’s first executive orders of his second term. It requires the federal government to recognize only sex assigned at birth and dismiss gender identity rather than sex.
The bill was sponsored by U.S. Rep. Tim Walberg (R-Mich.) and passed by a 217-198 margin. The vote fell mostly along party lines; however, eight Democrats voted for its passage. They were U.S. Reps. Henry Cuellar (D-Texas), Donald Davis (D-N.C.), Cleo Fields (D-La.), Laura Gillen (D-N.Y.), Vicente Gonzalez (D-Texas), Marcy Kaptur (D-Ohio), Marie Gluesenkamp Perez (D-Wash.), and Eugene Vindman (D-Va.).
Proponents of the bill argue a child’s gender identity should be directed by parents at home rather than in public schools.
Critics say this is dangerous and will force students to be outed by their teachers to parents — some of whom may not be supportive of their gender identity — which could lead to violence or possibly conversion therapy.
California Congressman Mark Takano, chair of the Congressional Equality Caucus, spoke on the House floor while the bill was being debated.
“Republicans claim to be the party of small government, but they have no problem bringing the full force of the federal government down against children. The GOP thinks they can legislate transgender people out of existence with this inhumane Don’t Say Trans bill, but all they’re doing is making life worse for a small minority of already-vulnerable children,” Takano said. “I spent 24 years as an educator where I worked with hundreds of high school students and their parents. Most children go to their parents when they need help or are struggling — including transgender children — but not all parents are accepting. The forced outing provision of this bill puts teachers in an impossible situation by requiring them to out trans kids to their parents in certain situations — even if the teacher knows the student will likely face physical abuse. Students like these are who Republicans want to put in immediate physical danger with this bill.”
The Washington Blade talked to Tyler Hack’s, founder and executive director of the trans advocacy organization and Christopher Street Project PAC, following the bill’s passage.
“Most queer kids go to their families when they are figuring out who they are, and then not all queer kids have that option,” Hack told the Blade. “If this became law, it would harm those already vulnerable kids who rely on school as a safe place and might not have a safe place at home.”
They explained this is not about protecting parents’ rights to know what is going on with their children, but rather the weaponization of trans identity that has become a mainstream Republican ideal pushed by the Trump-Vance administration.
“Young people deserve the space to figure out who they are without the federal government interfering in their lives,” they said. “It is beyond the pale, or rather it should be beyond the pale, and has become a norm for Republicans in Congress to villainize kids, because I mean, this bill targets kids, it’s in the name of the bill, and it’s in the implications.”
Hack continued, saying that amid the rising cost of everyday necessities — from gas to groceries — and while the Trump-Vance administration continues to defund programs intended to help the most vulnerable Americans while creating slush funds for political allies, this is not what Congress should be focusing on.
“At a time when people are really struggling, and politicians need to be focused on lowering costs, they’re using queer and trans kids as political pawns,” Hack said. “They want to divide and conquer this country, and we need to stand up against them and unite behind values of inclusion and of trust in our teachers.”
David Stacy, the Human Rights Campaign’s vice president of government affairs, provided a statement to the Blade.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. HR 2616 does not protect children. It targets them. This bill is cruel, and we’ll continue to fight to ensure it never becomes law.”
The bill will move to the U.S. Senate in the coming days and weeks, but it must first be reviewed by a Senate committee before leadership schedules it for a floor vote, where it will need 60 votes to pass.
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