News
Senate confirms anti-LGBT judicial nominee who stood up for Kim Davis
Trump nominee works ‘religious freedom’ law firm


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.
Congress
Marjorie Taylor Greene’s bill to criminalize gender affirming care advances
Judiciary Committee markup slated for Wednesday morning

U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.
Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.
LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”
Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.
Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”
Delaware
Delaware considers enshrining same-sex marriage into state Constitution
Senate Executive Committee will hear testimony on Wednesday

Delaware is considering amending its state Constitution to codify same-sex marriage. The bill, SB 100, will be heard in committee on Wednesday.
SB 100 was introduced in April 2025 by Democratic Sen. Russ Huxtable of the sixth district of Delaware and is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”
“[SB 100] really came from the community that I represent and so that was the inspiration behind it, addressing concerns that my constituents have,” Huxtable told the Washington Blade.
CAMP Rehoboth, an LGBTQ community center and advocacy organization based in Rehoboth Beach, sent a letter to members of the Senate Executive Committee in support of SB 100.
“We applaud this proactive approach because it ensures that even if federal protections are weakened, same-sex couples in Delaware will retain their rights under Delaware law,” the letter reads. “We believe that doing so NOW is crucial for several reasons, particularly in the context of evolving legal landscapes and the erosion of civil rights long recognized in Federal law.”
CAMP Rehoboth Board President Leslie Ledogar is scheduled to testify at the Wednesday hearing on behalf of CAMP Rehoboth. She hopes to convey how personal this bill is for the organization.
Ledogar said CAMP Rehoboth has an almost 35-year history of advocating on behalf of LGBTQ people in the state of Delaware. Past Board President Chris Beagle and his husband were among the first couples to be married in Sussex County after same-sex marriage was legalized in the state in 2013, with CAMP Rehoboth hosting the ceremony.
The letter cited concerns with the possibility of Obergefell v. Hodges being overturned in the future, the landmark 2015 Supreme Court case that guaranteed the right to marry for same-sex couples.
“We really feel that this is a proactive and protective measure that ensures long-term security for LGBTQ+ couples,” Ledogar said. “While we do have that [protection] now, it could be just that temporary and just that fleeting, and everything we’ve worked for and built could fall apart, not by our own initiative but because of the stroke of a pen.”
The letter details the positive impact that the bill would have on Delaware’s LGBTQ community, such as affirming equality and human dignity, preventing legal backsliding and creating legal certainty and reflecting public support.
“[SB 100] would align the law with the values of a majority of Delawareans, ensuring that legal frameworks reflect contemporary societal norms and standards,” Ledogar said.
In 2024, the Public Religion Research Institution found that 61% of Delawareans favor allowing same-sex couples to marry.
Some critics of the bill cite religious concerns, though SB 100 explicitly protects clergy refusal, saying that “the right to marry regardless of gender does not infringe upon the right to freedom of religion because religious organizations and members of the clergy have the right to refuse to solemnize a marriage.”
The bill requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state Constitution without a vote of the people. Constituents can register to watch the hearing virtually here.
Other states such as California, Colorado, and Hawaii have introduced and passed similar bills to protect the right of all people of all genders to marry under state law.
Huxtable said he hopes Delaware can send a message to other states that they can do the same thing and “don’t need to feel the threat from extremists.”
“I think it’s showing that the General Assembly in Delaware in particular are advocating for good policy celebrating the individual … We’re governing by our values and not our fears.”
Chile
Chilean lawmakers back report that calls for suspension of program for trans children
Country’s first transgender congresswoman condemned May 15 vote

The Chilean Chamber of Deputies on May 15 approved a report that recommends the immediate suspension of a program that provides psychosocial support to transgender and gender non-conforming children and adolescents and their parents.
The 56-31 vote in favor of the Investigation Commission No. 57’s recommendations for the Gender Identity Support Program sparked outrage among activists in Chile and around the world. Six lawmakers abstained.
The report proposes the Health Ministry issue a resolution against puberty blockers, cross-hormonalization, and other hormonal treatments for minors, regardless of whether they have been diagnosed with gender dysphoria. The report also suggests Chilean educational institutions should not respect trans students’ chosen names.
The report, among other recommendations, calls for a review of the background of all minors who are currently receiving hormone treatments. The report also calls for the reformulation of hormone therapy guidelines and sending this background information to the comptroller general.
Report ‘sets an ominous precedent’
Frente Amplio Congresswoman Emilia Schneider, the first trans woman elected to the Chilean Congress and a member of the commission, sharply criticized her colleagues who voted for the report.
“Today in the Chamber of Deputies the report of hatred against trans people was approved; a report that seeks to roll back programs so relevant for children, for youth, such as the Gender Identity Support Program; a program that, in addition, comes from the government of (the late-President) Sebastián Piñera,” Schneider told the Washington Blade. ”This is unacceptable because the right-wing yields to the pressures of the ultra-right and leaves the trans community in a very complex position.”
Schneider noted “this report is not binding; that is, its recommendations do not necessarily have to be taken into account, but it sets an ominous precedent.”
“We are going backwards on such basic issues as the recognition of the social name of trans students in educational establishments,” she said.
Ignacia Oyarzún, president of Organizing Trans Diversities, a Chilean trans rights group, echoed Schneider’s criticisms. commented to the Blade.
“We regret today’s shameful action in the Chamber of Deputies, where the CEI-57 report issued by the Republican Party was approved in a context of lies, misinformation and misrepresentation of reality,” Oyarzún told the Blade. “This only promotes the regression of public policies and conquered rights that have managed to save the lives of thousands of children in the last time.”
Oyarzún added the “slogan ‘children first’ proves to be an empty phrase without content used by those who today promote measures that push to suicide a significant number of children for the fact of being trans.”
The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ rights group known by the acronym Movilh also condemned the approval of the report, calling it “transphobic” and accusing the commission of omitting the opinions of organizations and families that support the current policies.
Movilh notes lawmakers approved both the Gender Identity Law and Circular 812, which promotes respect for trans students’ rights, within the framework of an agreement with the Inter-American Commission on Human Rights.
“The text of the approved report is scandalous, because it seeks to take away the access to health to trans minors, including denying them the psychosocial accompaniment that also includes their respective families,” said María José Cumplido, executive director of Fundación Iguales, another Chilean LGBTQ advocacy group. “Likewise, it attempts against school inclusion, since it intends to eliminate something as essential as the use of the social name in educational spaces. In short, it takes away rights and freedoms to trans people, especially to minors.”
Cumplido, like Schneider, pointed out that “although its content is not binding, we will be alert to the political and legislative consequences that it may produce and we will continue working to avoid setbacks with respect to the rights of trans people.”
The report’s approval reflects a global trend that has seen neighboring Argentina, the U.S., and other countries reserve policies for trans and nonbinary young people. The Peruvian Health Ministry recently classified gender identity as a mental illness, and lawmakers have passed a law that prevents trans people from using public restrooms based on their identity.

photo by Michael K. Lavers)
Experts and human rights activists warn the suspension of Chile’s Gender Identity Support Program and other programs could adversely impact the mental health of trans and nonbinary children who already face high levels of discrimination and are at heightened risk to die by suicide.
“We will defend the Gender Identity Support Program and the right to exist of trans children and youth across the country,” said Schneider. “I want to reassure the trans families of our country that we will not rest until our rights are respected and that we can continue advancing because there is still much to be conquered.”