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Another ‘marriage moment’ before year’s end?

Action underway in New Mexico, Illinois and Hawaii

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Chris Christie, New Jersey, Republican Party, Republican National Convention, gay news, Washington Blade, Neil Abercrombie, Hawaii, Democratic Party, Democratic National Convention, Greg Harris, Illinois
Chris Christie, New Jersey, Republican Party, Republican National Convention, gay news, Washington Blade, Neil Abercrombie, Hawaii, Democratic Party, Democratic National Convention, Greg Harris, Illinois, marriage,

Marriage equality has come to New Jersey under Gov. Chris Christie as Illinois state Rep. Greg Harris and Hawaii Gov. Neil Abercrombie seek passage of legislation. (Washington Blade photos of Christie and Abercrombie by Michael Key; photo of Greg Harris via Livestream).

The month of October 2013 could go down in history as a milestone in the marriage equality movement.

In addition to New Jersey becoming the 14th state in the country to make same-sex marriage legal, states across the country in recent days saw developments in the legislatures and the courts on marriage equality that could expand that roster of equality states by the end of the month.

James Esseks, director of the LGBT project for the American Civil Liberties Union, predicted during a conference call with reporters last week the activity on same-sex marriage this month could create another “marriage moment.”

“I think we are approaching another marriage moment this fall with potential developments in three to four states coming soon,” Esseks said.

The action on marriage comes on the heels of the filing of new litigation both in federal and state courts as well as new legislative efforts seeking marriage equality initiated after the Supreme Court ruled on the Defense of Marriage Act and California’s Proposition 8 in June.

Dan Pinello, a political scientist at the City University of New York, said the activity on marriage equality at this time is in part the result of the Supreme Court’s actions.

“The high court’s decision unleashed a floodgate of pent-up demand in the LGBT community that is finding true expression in a tidal wave of federal litigation,” Pinello said. “The ruling also prompted an increased awareness of newly recognized constitutional rights among federal judges in the lower courts. The outcomes of all this legal activity will emerge over the next several years.”

The Washington Blade has already provided coverage of developments on marriage equality in New Jersey and Michigan. Here are details on other states in recent weeks.

New Mexico

The New Mexico Supreme Court heard oral arguments on Wednesday in a case brought by all 33 New Mexico clerks, state district courts and a group of same-sex couples seeking a determination on whether state law permits same-sex marriage.

The arguments in the case, Griego v. Oliver, were divided into two portions. The first examined whether the current statutory scheme for marriage under New Mexico law already allows same-sex marriage because portions of it are gender-neutral. In the second, attorneys made their case on whether same-sex couples have a guaranteed right under the state constitution to marry regardless of what the statute says.

Representing Republican lawmakers seeking to prohibit same-sex marriage in New Mexico was attorney James Campbell, who argued that only the legislature has authority to legalize marriage rights for gay couples. Campbell maintained marriage under New Mexico law is reserved for opposite-sex couples because “those unions, unlike same-sex unions, have a natural ability to procreate.”

Campbell also argued that the court shouldn’t determine gay people should be considered a suspect class because they enjoy political power. The legalization of same-sex marriage through state legislatures as well as the Democratic Party and President Obama’s endorsement of same-sex marriage, Campbell said, is evidence of this political power.

Representing the views in court of District Judge Alan Mallot, who had previously ruled that same-sex couples can marry because of the gender-neutral language in the marriage law, was attorney Daniel Ivey-Soto.

Attorney General Gary King sent two attorneys to argue a more middle-ground argument. Assistant Attorney General Scott Fuqua argued that the current gender-neutral statute doesn’t permit same-sex marriage, but Assistant Attorney General Sean Cunniff maintained gay couples should be allowed to marry under the equal protection provisions under the state constitution.

Same-sex couples were represented by attorney Maureen Sanders, who articulated a similar view. She argued the gender-neutral law doesn’t allow gay couples to marry in New Mexico, but said “denying same-sex couples the right to marry is a violation of the New Mexico Constitution.”

Sanders also argued gay people should be considered a suspect class. The court shouldn’t look to the recent advancement in LGBT equality, she said, but the long history of discrimination the LGBT community has experienced.

Justices appeared skeptical of the idea of continuing to ban same-sex couples from marrying in New Mexico. In response to Campbell’s argument that marriage is for procreation, Chief Justice Charles Daniels noted many benefits related to marriage aren’t given to couples based on whether they’ve had children.

Despite hopes that the court would issue a ruling on marriage equality at the conclusion of the arguments, justices signaled as they began they would need more time. It’s unclear when a decision could come down, although it could be a matter of weeks.

Nevada

The federal marriage equality case that is closest to the Supreme Court is also seeing movement as proponents of marriage equality — following the lead of Lambda Legal, which is responsible for the lawsuit — were set to weigh in on bringing marriage equality to Nevada.

On Oct. 18, Lambda Legal filed a 100-page brief before the U.S. Ninth Circuit Court of Appeals in the case of Sevcik v. Sandoval, a lawsuit the organization filed last year. Because the case is now before an appellate court, it’s the most advanced lawsuit that’s pending before federal courts.

The opening brief makes use of the U.S. Supreme Court decision against the Defense of Marriage Act by arguing that Nevada’s ban on same-sex marriage deprives gay couples of the crucial benefits just as the anti-gay federal law had done.

“By foreclosing same-sex couples from marriage, Nevada inflicts virtually the same collection of federal harms and deprivations on unmarried same-sex couples as DOMA previously did, since nearly all federal benefits are unavailable to unmarried couples, regardless of whether they are registered domestic partners,” the brief states.

A major component of the argument that Lambda makes against the ban on same-sex marriage is the state’s domestic partnership system is inadequate for gay couples even though it provides them the legal equivalent of marriage.

“Relegating same-sex couples to registered domestic partnership is no remedy,” the brief states. “That novel, inferior status qualifies unmarried same-sex couples for virtually no federal benefits, and instead designates same-sex couples as second-class citizens and subjects them to a host of practical difficulties and vulnerabilities.”

Accompanying the opening brief is a motion to the court for permission to file another brief no longer than 26,500 words for “an adequate exposition of the plaintiff couple’s claims.”

Friend-of-the-court briefs in favor of marriage equality were also due in the case on Wednesday. That marks the opportunity for the Obama administration to weigh in on the lawsuit by filing its own friend-of-the-court brief in the case. Lambda has previously said it would “welcome” a brief from the U.S. Justice Department in the case, but as of Tuesday had no information on whether one would be forthcoming.

Illinois

All eyes will be on the Illinois Legislature in the coming days as lawmakers return for a “veto session” that will likely include a vote in the State House on marriage equality.

On Tuesday, the first day of the veto session, supporters held a “March on Springfield” to urge passage of the marriage equality legislation. Speakers at a rally held near the State Capitol Building included Gov. Pat Quinn and U.S. Sen. Richard Durbin (D-Ill.).

According to Buzzfeed, Durbin invoked the Supreme Court decision against DOMA while speaking before the estimated 2,300 attendees about passing marriage equality legislation.

“Now that the Supreme Court has ruled, I say to members of the Illinois House of Representatives, you have an awesome and historic decision,” Durbin said. “Will you offer to everyone married in our state — regardless if straight, gay, lesbian, whatever — will you offer them the same federal benefits, or will you discriminate against some.”

The regular session of the legislature concluded in May, to the dismay of supporters of same-sex marriage, without a vote on same-sex marriage legislation in the House that was earlier passed in the Senate. Gay State Rep. Greg Harris declined to bring the legislation to a vote because he believed it lacked sufficient support for passage.

Bernard Cherkasov, CEO of Equality Illinois, expressed confidence that lawmakers would act during the veto session to pass the legislation based on recent polling data from Fako & Associates in Lisle, IL, showing a 12-point margin in support of marriage equality.

“Amongst key constituencies like African Americans, there’s a 20-point spread, amongst Latino voters, there’s a 30-point spread, amongst American Catholics, there’s a 30-point spread,” Cherkasov said. “There’s strong business support. Illinoians expect lawmakers will do their job and the pass the bill.”

Because the legislature in is in a veto session, different rules apply to passing legislation. A bill that would go into effect immediately, as the Senate-passed marriage equality legislation does, would require a supermajority of 71 votes in the House for passage. But bills that go into effect at a later date need only a simple majority of 60 votes for passage. The veto session consisted of two days this week, followed by a break, and another three days when lawmakers return on Nov. 5.

Cherkasov said the bill is “definitely within striking distance” in the House for votes to passage under the lower 60-vote threshold, which he said could be arranged by amending the House bill to go into effect on June 1 and passing that bill in the Senate.

Asked whether he wants the bill to come up for a vote during the veto session regardless of whether supporters think it has the necessary votes, Cherkasov said, “I do believe that if it came to the floor that it would pass.”

Advocates are pursuing same-sex marriage legislation in Illinois as a state lawsuit seeking marriage equality in the state, Darby v. Orr, is pending in Cook County Circuit Court.

Hawaii

Efforts to pass same-sex marriage legislation are also underway in Hawaii, where Gov. Neil Abercrombie has called for a special session of the legislature starting Oct. 28 for the purpose of debate and passage of marriage equality.

Donald Bentz, executive director of Equality Hawaii, said he’s “optimistic” the session will lead to marriage equality in the Aloha State because of stories of “love and commitment” heard by legislators.

“Polls indicate that the majority of Hawaii’s residents support marriage equality and are buoyed by the growing list of business, faith, political and nonprofit leaders who are standing up in support of the freedom to marry,” Bentz said.

Depending upon the length of time the legislature chooses to debate the marriage bill, the special session could go as quickly as five working days or take two full weeks.

Bentz said the marriage equality legislation enjoys “a wide margin” of support in the Senate, but not so much in House. A vote tally conducted by the Honolulu Civil Beat last month found that 26 House members support the legislation. Passage of the bill in that chamber requires 27 votes.

Since the time that article was published, Bentz said State Rep. Karen Awana has gone on record as a “no” vote, but State Rep. Mark Takai has come out as a “yes” vote. That would give the bill the 27 votes necessary for passage.

Advocates are pursuing same-sex marriage legislation in Hawaii as litigation seeking marriage equality in the state, Jackson v. Abercrombie, is pending alongside the Nevada lawsuit in the Ninth Circuit.

Tennessee

The most recent lawsuit seeking marriage equality in the federal court system was filed on Tuesday by the National Center for Lesbian Rights on behalf of four legally married same-sex couples seeking recognition of their unions.

The lawsuit, known as Tanco v. Haslam, was filed by the National Center for Lesbian Rights and private attorneys Abby Rubenfeld, Maureen Holland, Regina Lambert along with the firm of Sherrard & Roe and is pending before the U.S. District Court in the Middle District of Tennessee.

Shannon Minter, NCLR’s legal director, said the lawsuit is a useful addition to other cases pending in 19 other states because it helps draw attention to the lack of LGBT rights in the South.

“We think it is important to bring cases that highlight the damage that is being caused by discriminatory state marriage bans across the country, including especially in southern states,” Minter said. “I am very hopeful we will obtain a positive result in this case, which would be hugely beneficial to LGBT people in Tennessee, and also be a huge boost to creating even more positive national momentum.”

One couple in the lawsuit, Dr. Valeria Tanco and Dr. Sophy Jesty, is expecting their first child this spring and is worried state law won’t recognize them both as legal parents. Another couple, Sgt. Ijpe DeKoe and Thom Kostura, married just before DeKoe was deployed for a tour of duty in Afghanistan.

The litigation is one of two cases seeking marriage equality in federal courts lying within the U.S. Sixth Circuit Court of Appeals. The other case is the federal litigation pending before the district court in Michigan.

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2026 Midterm Elections

Trump uses anti-trans slur against Democratic Senate candidate

President mocked Annie Andrews

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.

In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.

Andrews is running against Graham for a Senate seat in the solidly Republican state.

Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.

Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”

“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”

Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.

“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.

Trump’s remarks have drawn criticism from leaders on both sides of the aisle.

Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”

“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.

Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”

“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.

South Carolina has not elected a Democratic senator in nearly three decades.

Andrews’s campaign website does not mention her positions on LGBTQ issues.

The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.

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2026 Midterm Elections

Meet the LGBTQ candidates running for U.S. House, Senate

Pappas would become first out gay man elected to upper chamber

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U.S. Rep. Chris Pappas would become the first openly gay male U.S. senator if he wins in November. (Blade photo by Michael Key)

The midterm elections are often seen as a report card for the party in power, giving voters an opportunity to weigh in on the direction of the country after two years of unified control of the federal government. With Republicans controlling the White House, Congress and the Supreme Court, the 2026 elections could reshape the balance of power in Washington and determine what the next two years of federal policy will look like.

Among the candidates looking to shape that future are a large number of openly LGBTQ politicians running for federal office. All of the candidates listed below openly identify as members of the LGBTQ community and are running as Democrats, seeking seats in both the U.S. House of Representatives and the U.S. Senate. (See below for a list of LGBTQ incumbents.)

The New Candidates

U.S. Senate:

Chris Pappas — NH

The United States House of Representatives:

Cait Conley — NY-17

Jeremy Moss — MI-11

JoAnna Mendoza — AZ-06 

Marni von Wilpert — CA-48

Scott Wiener — CA-11

Chris Gallant — NY-1

JD Ford — IN-5

Janelle Sarauw — U.S. Virgin Islands

If all of these candidates running for federal office win their seats, this would make the federal government the queerest legislative term for Congress ever. 

Chris Pappas would become the first openly gay male senator if he wins the race against Republican John E. Sununu. Pappas is currently leading early polls 50% to Sununu’s 42%, and is seen as a fairly centrist Democrat with a slew of accomplishments passed through the House since his election in 2018 that make him a desired candidate for the purple “Granite State.”

Cait Conley is fighting to take two-term incumbent Republican Mike Lawler’s seat for New York’s 17th district, covering parts of Westchester, Rockland, Putnam and Dutchess counties. Conley has a long history of working as a public servant through her extensive military service, which includes six overseas deployments with the Army and work with the National Security Council. Current polling shows she has an advantage over her opponent, 64% to his 36%, making this one a race to watch. 

Jeremy Moss is running for election in Michigan, after quickly rising in the ranks within the Great Lake state. Moss, who was elected to his city’s city council, then to the state House, then to state Senate has had a lengthy connection with state politics for someone so young. He also served as the state’s first gay president pro tempore. He is running in the Detroit suburbs, including Oakland County. Nearly all polling puts Moss in the lead with some already giving him 99%.

JoAnna Mendoza is a veteran of the U.S. Navy and U.S. Marine Corps running for a House seat for the Tucson and southeastern Arizona area. She has been outspoken about how the cost of everyday necessities under the current leadership of President Trump and Republicans in Congress has made people in her state less safe. She is currently locked in a tight race with her Republican counterpart, leading Juan Ciscomani 47% to 45%.

Marni von Wilpert is running to represent northern San Diego County. She has experience representing the area as a San Diego City Council member, former prosecutor, and Obama workers’ rights attorney. Von Wilpert holds a narrow lead over Republican Jim Desmond, 45% to 42%.

Scott Wiener is looking for a chance to take former House Speaker Nancy Pelosi’s seat in the San Francisco area. Weiner holds a narrow lead over the Pelosi-endorsed San Francisco supervisor Connie Chan. A New York Times poll has him leading 45% to Chang’s 40%.

Chris Gallant has a slew of federal accomplishments under his belt, from working as an FAA air traffic controller to serving in the U.S. Army and New York Army National Guard, including as a Black Hawk helicopter pilot, and is a volunteer firefighter on Long Island. Despite all of this dedication to public service, he’s running in a solidly red district with recent predictions favor LaLota 81 to 26.

JD Ford is fighting to represent the northern Indianapolis suburbs and north-central Indiana against Republican incumbent Victoria Spartz. He was the first and only openly LGBTQ person elected to the Indiana Legislature, running his campaign on making living more affordable. Polling puts him slightly behind Spartz 48% to 46%.

Janelle Sarauw is trying to win the U.S. Virgin Island’s seat in the U.S. Congress. While there is no voting power, the seat can participate in debates. Sarauw is likely to win the seat after sweeping the primary earlier this year, and will face off against Shelley Moorhead, an independent, in November. 

The Incumbents

Becca Balint — VT-At Large

Emily Randall — WA-06

Eric Sorensen — IL-17

Mark Pocan — WI-02

Mark Takano — CA-39

Ritchie Torres — NY-15

Robert Garcia — CA-42

Sarah McBride — DE

Sharice Davids — KS-03

Becca Balint is running for reelection to represent all of Vermont, making her one of the few candidates on this list who represents an entire state rather than a congressional district. Balint, a former teacher and Vermont state senator, has made housing affordability, mental health, and protecting democracy central parts of her platform. Recent polling gives Balint a substantial lead over Republican challenger Gerald Malloy, 60% to Gerald’s 30%.

Emily Randall is running for reelection in Washington’s 6th Congressional District, which includes the Olympic Peninsula and parts of the Kitsap Peninsula across Puget Sound from Seattle. Randall, who previously served in the Washington state Senate, has made expanding access to affordable health care a major part of her platform. She appears to be in a relatively strong position for reelection where she won 60% of the vote in Washington’s August top-two primary, while her Republican opponent Teresa Fox received about 25%. 

Eric Sorensen is running for another term representing western Illinois. The former television meteorologist has centered his congressional work on lowering costs for working families. There is no public polling in the race, but a current nonpartisan forecast gives Sorensen 59% of the vote compared to Republican Dillan Vancil, with 40%.

Mark Pocan is seeking to continue representing Madison and south-central Wisconsin. Pocan, who has served in Congress since 2013, has focused on issues including health care affordability, workers’ rights and LGBTQ+ equality. There is no public polling of the race, but the current field has no Republican candidate, and a nonpartisan forecast gives Pocan more than a 99% modeled chance of winning.

Mark Takano is running for reelection in California’s 39th congressional district, which includes Riverside and portions of the Inland Empire east of Los Angeles. Takano has made health care and veterans’ issues major parts of his congressional work. There is no public polling of the race, but in his primary he came in first with 61% of the vote compared to Republican Steve Manos’s 39%.

Ritchie Torres is running for another term representing New York’s 15th congressional district in the Bronx. Torres, who previously served on the New York City Council, has made housing, economic development, education, and public safety major parts of his platform. There is no current public polling of the race, but multiple prediction sites have it squarely his to win.

Robert Garcia is seeking another term representing California’s 42nd congressional district, which includes Long Beach and southeastern Los Angeles County. Garcia, the former mayor of Long Beach, has focused on issues including infrastructure, transportation, education, and LGBTQ+ rights while in Congress. There is no public polling of the race, but forecasting has Garcia winning the seat over Republican Brian Burley 99% to 1%.

Sarah McBride, is running for reelection to represent Delaware’s sole congressional district, meaning she represents the entire state. McBride, who made history as the first openly transgender member of Congress, has centered her campaign on lowering health care costs, protecting reproductive health care, and strengthening workers’ rights. There is no public polling of the general election, but a current nonpartisan forecast gives McBride a 99.1% modeled chance of winning against Republican Joseph Arminio.

Sharice Davids is seeking another term representing Kansas’ 3rd Congressional District, which covers the Kansas side of the Kansas City metropolitan area. Davids, a former White House fellow and attorney, has made agriculture, lowering costs, and health care central parts of her platform. There is no current public polling of the race, but prediction polling shows she has a 94% chance of winning her race.

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White House

Trump-appointed judge restores White House TV pool access 

Judge called in to question president’s justification of the ban

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CNN's TV booth sat dark on Sept. 21, 2026. (Washington Blade photo by Joe Reberkenny)

A federal judge ordered the White House to restore West Wing press credentials to three news organizations after President Donald Trump attempted to bar their access for unfavorable reporting.

Early Thursday morning, Trump-appointed U.S. District Judge Timothy Kelly granted a temporary restraining order brought by POLITICO, CNN, and MS NOW as part of a joint lawsuit. The lawsuit cites the imperative role of a “free press” and ordered the 78 journalists’ credentials returned to the three outlets for at least the next two weeks as litigation plays out.

In the eight-page ruling, the judge goes over a slew of laws that Trump may have violated in banning the three media groups — from stepping on their First Amendment rights to a free press to the Fifth Amendment right to due process.

The judge also questioned Trump’s justification for removing the outlets, originally saying it was a matter of national security.

“The court is skeptical — at least on this record — that defendants’ interest in safeguarding national security is the actual motivation for, or is even advanced by, the revocation of plaintiffs’ hard passes,” Kelly wrote in an 8-page ruling issued just before 1 a.m. ET.

“Nothing in the record that predates this suit suggests that the revocation of plaintiffs’ hard passes was motivated by national security concerns. Certainly, that is not what President Trump said when he announced that he was ‘banning’ plaintiffs from the White House — instead, he focused on the alleged lack of truthfulness and negativity of plaintiffs’ reporting,” the judge added.

The Washington Blade reached out to the White House press office asking if the administration would file an appeal to keep the journalists out of the West Wing but did not hear back before publication time.

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