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Cooper signs deal to replace HB2 as LGBT advocates cry betrayal

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North Carolina Gov. Roy Cooper has endorsed a HB2 deal vehemently opposed by LGBT advocates. (Washington Blade file photo by Michael K. Lavers)

North Carolina Gov. Roy Cooper signed Thursday a proposal to replace North Carolina’s anti-LGBT House Bill 2 with another law enabling anti-LGBT discrimination, prompting cries of betrayal from LGBT advocates who say he disregarded his campaign promise to sign the repealĀ in full.

The measure, House Bill 142, was approved on a bipartisan basis Thursday in the Senate by a vote of 32-16 and the House by vote of 70-48 after Republican leaders and Cooper announced the deal late Wednesday night. Cooper announced during a news conference later in the day he signed the bill.

“It doesn’t fully correct it,” Cooper said. “I know we got more to do, and I think some people are unhappy because it doesn’t fully correct it, and I wish we could have, and I wish this time limit on being able to do the additional protections for discrimination could be sooner, but that was the best deal that we could get.”

Cooper insisted “not only provides for LGBT protections, but opens the door for more,” even though no aspect of the new law prohibits discrimination against LGBT people. The governor said as part of the negotiations he was able to stop LGBT rights from coming up for a referendum in North Carolina or a “religious freedom” measure that would enable discrimination against LGBT people.

After having campaigned not only on HB2 repeal, but support for statewide LGBT non-discrimination protections, Cooper said a bill that would bar discrimination against LGBT people throughout North Carolina remains his goal.

“In a perfect world, we would have repealed HB2 today and added full statewide protections for LGBT North Carolinians,” Cooper said. “Unfortunately, our supermajority Republican legislature will not pass these protections. But this is an important goal that I will keep fighting for.”

The new law repeals HB2, but critics say it still enables discrimination. Section 1 bars state agencies, including cities and the University of North Carolina, from the ā€œregulation of accessā€ to multiple-occupancy restroom, showers or changing facilities except in accordance with the legislature, which essentially leaves transgender people seeking to use those facilities vulnerable to harassment or discrimination.

Section 2 prohibits municipalities from enacting ordinances on private employment or public accommodations, which would bar cities from passing LGBT non-discrimination measures in those areas. Section 3 of the bill would sunset that provision on Dec. 1, 2020.

Chris Sgro, executive director of Equality North Carolina, expressed displeasure on Twitter over after worked to elect Cooper to the governor’s office only to have sign the compromise.

In a rare criticism of Democrats, Chad Griffin, president of the Human Rights Campaign, denounced Cooper on Twitter, saying the governor was being misleading by saying he signed HB2 repeal.

The outrage from LGBT advocates over Cooper signing the HB2 replacement is a far cry from their view of him last year when HB2 was first signed into law and Cooper, as North Carolina attorney general, announced he wouldn’t defend HB2 against legal challenges in court.

The deal was struck came in the same week the National Collegiate Athletic Association said it will make decisions on events. The NCAA has said North Carolina won’t be considered for championship events through 2022 ā€œabsent any changeā€ to HB2. According to the Associated Press, North Carolina cities, schools and other groups have offered more than 130 bids for such events.

After Cooper signed the law, LGBT advocates — the North Carolina NAACP, the Human Rights Campaign, Equality North Carolina, the National Center for Transgender Equality and the Freedom Center for Social Justice — issued a joint statement calling on the NCAA to come out against the measure.

ā€œWe call on the NCAA to oppose this shameful HB2.0 bill in North Carolina, and not to reward lawmakers who have passed this so-called ā€˜deal’ which is an affront to the values we all hold,” the statement says. “This bill is anti-worker, anti-access to the courts, and anti-LGBTQ. It violates all basic principles of diversity, inclusion and basic civil rights. Fundamentally, any moratorium on civil rights is not a compromise, it is a contradiction with the principle of equal protection under the law and our moral values.ā€

The NCAA has yet to articulate publicly a position on the HB2 deal and whether it will now allow North Carolina to host championship games, although Cooper said during his news conference he expects sports games to return the state.

UPDATE: During a subsequent news conference, NCAA President Mark Emmert said a decision will come next week on whether the changes to HB2 are sufficient enough for the league to plan championship games in the state.

“I’m personally very pleased that they have a bill to debate and discuss,” Emmert said. “The politics of this in North Carolina are obviously very, very difficult. But they have passed a bill now and it will be a great opportunity for our board to sit and debate and discuss it.”

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Pennsylvania

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

ā€˜History was made.’

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Erica Deuso (Photo courtesy of LPAC)

Erica Deuso will become the first openly transgender mayor in Pennsylvania.

Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.

Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.

Deuso released a statement following her election, noting that ā€œhistory was made.ā€

ā€œVoters chose hope, decency, and a vision of community where every neighbor matters,ā€ Deuso stated. ā€œI am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.ā€

According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.

Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.

ā€œThis victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.

Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.

Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.

ā€œDowningtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,ā€ Perez said. ā€œThroughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.ā€

Deuso will be sworn in as mayor on Jan. 7.

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U.S. Supreme Court

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

Experts insist Kim Davis case lacks merit

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

The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.

Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.

She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.

The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.

Loewy began by explaining how the court got to where it is today.

ā€œSo Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,ā€ Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. ā€œThis is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.ā€

Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.

ā€œShe’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.ā€

That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.

ā€œI think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.ā€

She also noted that public opinion on same-sex marriage remains overwhelmingly positive.

ā€œThe Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.ā€

ā€œPublic opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.ā€

A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.

ā€œWhere we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.ā€

Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.

ā€œFirst, the Respect for Marriage Act is an important reason why people don’t need to panic,ā€ she said. ā€œOnce you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.ā€

She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.

ā€œI don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.ā€

Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.

ā€œThere are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.ā€

ā€œI think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,ā€ she added.

When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.

ā€œWith regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.ā€

Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:

ā€œIn the United States, we can proudly say that marriage equality is the law,ā€ he said via email. ā€œAs the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.

ā€œLGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ā€˜hundreds of thousands of children’ already being raised in ā€˜loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.ā€

He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.

ā€œLet’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.ā€

He also addressed members of the LGBTQ community who might be feeling fearful at this moment:

ā€œTo our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.ā€

And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.

ā€œTo the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.ā€

Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.

ā€œFrom a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.

ā€œThe legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.

ā€œCourts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.ā€

Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:

ā€œMarriage equality isn’t just the law of the land — it’s woven into the fabric of American life,ā€ said Robinson. ā€œFor more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.ā€

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U.S. Supreme Court

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

ACLU, Lambda Legal filed lawsuits against directive.

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(Bigstock photo)

The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with ā€œXā€ gender markers.

President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to ā€œsuspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.ā€

The White House only recognizes two genders: male and female.

The American Civil Liberties Union in February filedĀ a lawsuit against the passport directive on behalf of seven trans and nonbinary people.

A federal judge in Boston in AprilĀ issuedĀ a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in SeptemberĀ ruledĀ against the Trump-Vance administration’s motion to delay the move.

A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)

 ā€œThis is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,ā€ said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. ā€œForcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.ā€

Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.

The Supreme Court ruling is here.

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