National
HRC launches ‘Reality Flag’ campaign to boost Equality Act
Removal of 29 stars symbolizes states that lack LGBTQ protections
The Human Rights Campaign, the nation’s largest LGBTQ civil rights organization, announced it is launching a nationwide multimedia campaign to promote the approval by Congress of the LGBTQ nondiscrimination legislation known as the Equality Act.
In a Feb. 23 statement HRC says the campaign, among other things, will include a series of “powerful” video ads for social media and TV created by Emmy Award-winning director Joey Soloway that tell stories of how individual LGBTQ people are adversely impacted by discrimination.
At the center of the campaign as depicted in the videos is an American flag with 29 of the 50 stars removed to draw attention to the 29 states that do not have comprehensive legal protections for LGBTQ people that HRC is calling the “Reality Flag.”
In its official launch of the campaign on Feb. 23 HRC unveiled an 85-foot-long version of the Reality Flag on the outer wall of its headquarters building in D.C. that HRC points out is located just six blocks from the White House.

“The Reality Flag campaign is designed to point out the inequalities LGBTQ+ individuals face every day – in our own voice,” said Joni Madison, HRC’s interim president. “From housing and educational discrimination to denial of government and health services, LGBTQ+ people are confronted by hurdles to simply exist every day,” Madison said in a statement.
“This needs to change,” she said. “The Reality Flag not only calls out the 29 states where basic freedoms are still missing for millions of people but stands as a symbol of hope that communities can rally behind to enact meaningful change.”
HRC’s Reality Flag campaign comes at a time when most political observers unaffiliated with the Equality Act’s staunch supporters and opponents believe the bill has no chance of passing in the U.S. Senate any time soon, even though it passed in the U.S. House in February 2021 by a vote of 224 to 206. In the House vote, only three Republicans joined all 221 Democrats in voting for the measure.
Observers note that although Democrats have a slim majority in the 50 Democrat-50 Republican Senate with Vice President Kamala Harris set to break a tie vote in favor of Democrats, the Senate’s longstanding filibuster rule that Democrats are unable to change means the Equality Act needs a 60-vote majority to pass.
Forty-nine of the 50 Senate Democrats have signed on as co-sponsors of the Equality Act. Maverick Democratic Sen. Joe Manchin of West Virginia emerged as the sole Senate Democrat saying he cannot support the Equality Act in its current version due, in part, to what Manchin says is its provisions related to transgender nondiscrimination in school sports and school bathroom use.
Sources familiar with the Senate told the Washington Blade last May that even if the filibuster rule is eliminated, other Democratic senators from swing states would likely join Manchin in withholding support for the Equality Act due to efforts by some Republicans to turn transgender rights into an inflammatory wedge issue.
The official congressional website Congress.gov states that the Equality Act calls for prohibiting “discrimination based on sex, sexual orientation, and gender identity in areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system.”
The Congress.gov site adds, “The bill prohibits an individual from being denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity.”
Several moderate GOP senators, including Sen. Susan Collins (R-Maine), have said they support the principle of protections against discrimination for LGBTQ people and would be willing to vote for a revised Equality Act that includes what they call religious rights protections and some changes in the transgender provisions.
Some Republican observers have said enough Republicans would likely join Democrats to reach the needed 60 votes to pass the Equality Act in the Senate if Democrats agree to the changes proposed by the moderate Republicans.
Other Republicans, however, including the national LGBTQ GOP group Log Cabin Republicans, have said the Equality Act should be discarded altogether following the landmark U.S. Supreme Court decision in 2020 known as Bostock v. Clayton County. The decision declares that Title VII of the U.S. Civil Rights Act of 1964, which bans sex discrimination, also prohibits employers from discriminating on the basis of sexual orientation and gender identity.
Equality Act supporters have argued that the legislation is still needed to ensure that LGBTQ people are fully protected from discrimination in other areas such as housing and public accommodations.
Representatives of both sides have said negotiations have been taking place over possible changes in the Equality Act since at least the beginning of last year, but nothing has emerged from those reported negotiations as of this week.
Many LGBTQ advocacy organizations, including HRC, have said the GOP suggested changes to the Equality Act related to “religious freedom,” which the bill’s supporters say means a right to discriminate against LGBTQ people based on religious grounds in a nonreligious setting such as a private business open to the public, are unacceptable.
Most LGBTQ advocacy groups have also declared as unacceptable GOP proposals to weaken or remove protections for transgender people in the legislation, saying such proposals are being promoted by people who have been misled or are themselves misleading others to believe cisgender women in sports and in public restrooms as well as in school bathrooms and showers would be adversely impacted by the current version of the legislation.
With both sides in what most Capitol Hill observers consider to be a complete deadlock, Senate Democrats, including Senate Majority Leader Charles Schumer (D-N.Y.), have not indicated a willingness to bring the Equality Act up for a vote in the Senate this year.
Schumer’s office didn’t reply to an inquiry from the Blade last week asking whether Schumer would consider bringing the Equality Act to the Senate floor for a vote this year or next year if Democrats retain control of the Senate in the 2022 midterm elections.
With that as a backdrop, David Stacy, HRC’s Government Affairs Director, told the Blade in a Feb. 25 statement that passage of the Equality Act remains a high priority for HRC and the LGBTQ+ community.
“Getting any legislation through the U.S. Senate is not easy,” Stacy said. “In the meantime, support continues growing for the bill, and we believe the Reality Flag campaign will continue to generate the awareness and education needed to continue growing support and pressure for action,” he said.
“We’ve already seen since our launch people coming out saying they had no idea LGBTQ+ people didn’t already have these protections, and that’s what we aim to do here: educate people and inspire them to take action at the grassroots level across the country – call their senators and make it clear that it’s time we need this done,” Stacy said. “Some people may be ready to give up. We are not,” he said.
In its three-page statement announcing the launch of its Reality Flag campaign, HRC says the campaign is being produced in partnership with a team of advertising and public relations agencies affiliated with the international marketing and communications company giant WPP.
“While the campaign seeks to galvanize public support for the Equality Act and driving audiences to take action at RealityFlag.com, it also underscores the importance of lifting up and showcasing the real stories and lived experiences of LGBTQ+ people impacted by discrimination,” the statement continues.
It says the stories about individual LGTQ people will primarily be featured in “video vignettes” created by TV writer and director Joey Soloway, the Emmy Award-winning creator of “Transparent,” an original Amazon Studios streaming television comedy-drama series about a transgender woman and her family. Soloway identifies as non-binary and gender non-conforming.
“These stories … will be amplified through both an advertising campaign, including partnerships with 20 national media platforms, achieving an anticipated 30 million-plus impressions during launch, including TV, print, display, video, audio, cinema, OOH, social, and search,” the HRC statement says.
Access to some of the video ads slated for the HRC Reality Flag campaign can be found at RealityFlag.com.
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 “history was made.”
“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”
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.
“This 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.
“Downingtown 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,” Perez said. “Throughout 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.”
Deuso will be sworn in as mayor on Jan. 7.
U.S. Supreme Court
LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’
Experts insist Kim Davis case lacks merit
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.
“So 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,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This 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.”
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.
“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”
That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.
“I 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.”
She also noted that public opinion on same-sex marriage remains overwhelmingly positive.
“The 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.”
“Public 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.”
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.
“Where 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.”
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.
“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”
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.
“I 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.”
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.
“There 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.”
“I 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,” 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.
“With 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.”
Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:
“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As 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.
“LGBTQ+ 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 ‘hundreds of thousands of children’ already being raised in ‘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.”
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.
“Let’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.”
He also addressed members of the LGBTQ community who might be feeling fearful at this moment:
“To 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.”
And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.
“To 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.”
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.
“From 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.
“The 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.
“Courts 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.”
Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:
“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For 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.”
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
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 “X” 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 “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”
The White House only recognizes two genders: male and female.
The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.
A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled 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.)
“This 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,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing 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.”
Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.
The Supreme Court ruling is here.
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