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Senate confirms anti-LGBT judicial nominee who stood up for Kim Davis

Trump nominee works ‘religious freedom’ law firm

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The U.S. Senate has confirmed anti-LGBT judicial nominee Matthew Kacsmaryk (First Liberty Institute publicity photo)

Flouting the recognition of June as Pride Month, the U.S. Senate approved on Wednesday a Trump judicial nominee who has a long anti-LGBT record, including defense of Kim Davis for refusing to give marriage licenses to same-sex couples.

The Senate confirmed Matthew Kacsmaryk to a seat on the U.S. District Court for the Northern District of Texas by a vote of 52-46.

Joining the united Democratic caucus in opposition to Kacsmaryk was Sen. Susan Collins (R-Maine), who cited in a statement his “alarming bias against the rights of LGBTQ Americans and disregard for Supreme Court precedents.”

Sen. Tammy Baldwin (D-Wis.), the first out lesbian elected to the Senate, called on her colleagues from the Senate floor to vote against Kacsmaryk based on his anti-LGBT record, displaying on a placard the title of one of his writings: “The Inequality Act: Weaponizing Same-Sex Marriage.”

Baldwin said he heard from dozens of parents of transgender children who have voiced concern about the prospect of Kacsmaryk on the bench.

“I urge my colleagues to send the message to those children, their parents, and the broader LGBTQ community, and the country, that they do count, that they count, that they matter, that we hear their voices, and please, reject this nominee,” Baldwin said.

Also speaking out on the Senate floor against Kacsmaryk was Sen. Patty Murray (D-Wash.), who said his history demonstrates he won’t be an impartial judge and his views are “hateful and out the mainstream.” 

“Mr. Kacsmaryk is another example of an extreme choice by President Trump to jam courts with individuals who will put their political views above the law and use their positions of power to chip away at people’s rights,” Murray said.

Before his confirmation, Kacsmaryk served as deputy general counsel of the Texas-based First Liberty Institute, an organization that seeks to advance religious freedom even at the expense of LGBT rights.

First Liberty Institute is responsible for the litigation filed by Aaron and Melissa Klein, the owners of “Sweetcakes by Melissa” in Oregon, who were fined $135,000 under state law for refusing to make a wedding cake to a lesbian couple and are now asserting a First Amendment right to refuse service to LGBT people. 

Just this week, the U.S. Supreme Court vacated the fine and ordered the Oregon state courts to revisit the case under new guidance from the 2018 ruling in the Masterpiece Cakeshop case.

But Kacsmaryk has a long record of anti-LGBT positions and writings, defining the LGBT rights struggle at one time as a “clash of absolutes” between “religious liberty and sexual liberty.”

In response to the U.S. Supreme Court decision in favor of same-sex marriage nationwide, Kacsmaryk said the ruling found an “unwritten” right under the Fourteenth Amendment that was “a secret knowledge so cleverly concealed in the nineteenth century amendment that it took almost 150 years to find.”

When Rowan County Clerk Kim Davis refused to grant marriage licenses to same-sex couples, Kacsmaryk defended her, comparing her to Quakers who refuse fight in war and Jewish butchers who follow kosher dietary laws.

After the U.S. Equal Employment Opportunity Commission ruled in 2015 the prohibition on sex discrimination applies to cases of anti-gay discrimination, Kacsmaryk told The World, an outlet that reports on religious freedom, the decision was the latest in efforts to undermine marriage law.

“Traditionally and legally, we define sex according to chromosomes…That’s typically how we define sex,” Kacsmaryk said. “That’s how we ordered our marriage laws and made certain presumptions of paternity in the family code. All of that is cast into disarray if you declare sex irrelevant to marriage.”

When the Obama administration issued a rule interpreting the prohibition of sex discrimination under the Affordable Care Act to apply to transgender people, Kacsmaryk opposed the regulation and called it “radical self-definition and sex-actualization.”

LGBT rights supporters have also criticized Kacsmaryk for signing onto a comment when the rule was proposed saying transgender people suffer from a “psychological condition in need of care” and are “not a category of persons in need of special legal protection.” 

The comment cites the opinion of a psychiatrist who has said having a transgender identity are suffering from a “delusion,” which critics have attributed to Kacsmaryk himself.

The White House didn’t respond to the Washington Blade’s request to comment on the LGBT opposition to Kacsmaryk.

Although Collins joined Democrats in voting against Kacsmaryk, the Maine Republican hasn’t applied a consistent standard with respect to judicial nominees based on their LGBT rights records.

For example, Collins last year voted in favor of the confirmation U.S. Circuit Judge Kyle Duncan despite his anti-LGBT record, which includes representing the Virginia school that sought to prevent transgender student Gavin Grimm from using the restroom consistent with his gender identity.

The Blade has placed a request in with Collins’ office on why she’d oppose Kacsmaryk, but not Duncan.

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Virginia

Abigail Spanberger sworn in as Va. governor

Former congresswoman took office Saturday

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Virginia Gov. Abigail Spanberger gives her inaugural address outside of the Virginia State Capitol on Jan. 17, 2026. (Washington Blade photo by Michael Key)

Abigail Spanberger was sworn in as the 75th governor of Virginia at a ceremony on the grounds of the Virginia State Capitol on Saturday. Thousands of spectators watched the swearing-in ceremony and parade, despite the rain and temperatures in the low 40s.

Spanberger, a member of the Democratic Party and an LGBTQ ally, became the first woman to be Virginia’s governor.

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Newly-elected Attorney General Jay Jones, Lt. Gov. Ghazala Hashmi, and Spanberger were each administered the oath of office in the public ceremony.

Former Gov. Glenn Youngkin walks with Virginia First Lady Suzanne Youngkin to his seat in his final act as Virginia’s governor. (Washington Blade photo by Michael Key)

Republican former Gov. Glenn Youngkin left the ceremony shortly after the oath of office was administered to Spanberger and before the inaugural address.

In her speech, the new governor made an appeal to bipartisanship and looking past division in our current moment.

“To my friends in the General Assembly — on both sides of the aisle — I look forward to working with you,” said Spanberger. “I know what it means to represent your constituents, to work hard for your district, and to pursue policies you believe in. We will not agree on everything, but I speak from personal experience when I say that we do not have to see eye-to-eye on every issue in order to stand shoulder-to-shoulder on others.”

Spanberger acknowledged Virginians’ frustrations with federal layoffs and governmental policy.

“I know many of you are worried about the recklessness coming out of Washington. You are worried about policies that are hurting our communities — cutting healthcare access, imperiling rural hospitals, and driving up costs,” said Spanberger. “You are worried about Washington policies that are closing off markets, hurting innovation and private industry, and attacking those who have devoted their lives to public service.”

Spanberger alluded to the Trump-Vance administration, through never mentioned President Donald Trump’s name in her remarks.

Spanberger said, “you are worried about an administration that is gilding buildings while schools crumble, breaking the social safety net, and sowing fear across our communities, betraying the values of who we are as Americans, the very values we celebrate here on these steps.”

The new governor then spoke of her priorities in office, pledging to tackle housing affordability by working to “cut red tape” and increase housing supply. Spanberger also spoke of forestalling an impending healthcare crisis by protecting access and cracking down on “middlemen who are driving up drug prices.”

Spanberger spoke of investments in education at every level, standing up for workers (including the large number of federal workers in Virginia), and taking action on gun violence.

Virginia married couple Mary Townley and Carol Schall witnessed the inauguration ceremony from the stands set up on the grounds of the Capitol. Schall and Townley are one of the plaintiff couples in the case that challenged the Virginia constitutional ban on same-sex marriage.

Same-sex marriage became legal in Virginia in 2014.

“We are delighted with the inauguration of Abigail Spanberger as governor of Virginia,” Schall told the Washington Blade. “The celebration of her inauguration was full of the beautiful diversity that is Virginia. The Virginia Pride contingent was included as a part of what makes Virginia a great place to live.”

“Such an honor to attend such a wonderful event in Virginia history,” Townley told the Blade. “The weather before the Inauguration was cold and rainy, but I believe it represented the end of a dreary time and it ushered in the dry and sunny weather by the end of the inaugural parade. Madam Governor brought us to the light!”

The inaugural parade following the governor’s remarks included a contingent from Diversity Richmond and Virginia Pride. Marchers in the LGBTQ contingent carried a giant Progress Pride flag and were met with loud cheers from the gathered spectators.

Gov. Abigail Spanberger (top, center) shows her appreciation to the LGBTQ contingent marching in the inaugural parade on Jan. 17, 2026. (Washington Blade photo by Michael Key)

Spanberger after her inauguration signed 10 executive orders. One of them bans discrimination against state employees based on sexual orientation, gender identity, and other factors.

“By virtue of the authority vested in me as Governor under Article V of the Constitution of
Virginia, I hereby declare that it is the firm and unwavering policy of the Commonwealth of Virginia to ensure equal opportunity in all facets of state government,” reads the executive order. “The foundational tenet of this executive order is premised upon a steadfast commitment to foster a culture of inclusion, diversity, and mutual respect for all Virginians.

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Virginia

VIDEO: LGBTQ groups march in Va. inaugural parade

Abigail Spanberger took office on Saturday

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Diversity Richmond and the Virginia Pride project of Diversity Richmond march in the 2026 Inauguration Parade on the grounds of the state capitol in Richmond, Va. (Washington Blade photo by Michael Key)

The inaugural ceremonies for Virginia Gov. Abigail Spanberger were held in Richmond, Va. on Saturday. Among the groups marching in the parade were Diversity Richmond and the Virginia Pride project of Diversity Richmond.

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The LGBTQ contingent in the inaugural parade in Richmond, Va. pass by the review stand on Jan. 17, 2026. (Washington Blade photo by Michael Key)
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Virginia

Va. Senate approves referendum to repeal marriage amendment

Outgoing state Sen. Adam Ebbin introduced SJ3

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(Bigstock photo)

The Virginia Senate on Friday by a 26-13 vote margin approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Outgoing state Sen. Adam Ebbin (D-Alexandria) introduced SJ3. The Senate Privileges and Elections Committee on Wednesday approved it by a 10-4 vote margin.

Same-sex couples have been able to legally marry in Virginia since 2014. Outgoing Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again in 2025.

Two successive legislatures must approve the resolution before it can go to the ballot. Democrats in the Virginia House of Delegates have said the resolution’s passage is among their 2026 legislative priorities.

“It’s time for Virginia’s Constitution to reflect the law of the land and the values of today,” said Ebbin after Friday’s vote. “This amendment, if approved by voters, would affirm the dignity of all committed couples and protects marriage equality for future generations.”

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