News
Senate may cue up marriage vote soon, but 60 votes not assured
Some Republican leaders doubt there’s sufficient support
Legislation seeking to codify same-sex marriage may be cued up as soon as this week in the U.S. Senate after lawmakers returned from August recess, although reaching the 60-vote threshold to end a filibuster is unassured.
Senate Majority Leader Charles Schumer (D-N.Y.) took to the Senate floor on Wednesday to make the case for the Respect for Marriage Act, which he said was needed in the aftermath of the U.S. Supreme Court’s decision overturning Roe v. Wade.
“Over the past few months, both sides have engaged in good-faith conversations about how to pass marriage equality into law,” Schumer said. “I truly hope – for the sake of tens of millions of Americans — that there will be at least ten Republicans who will vote with us to pass this important bill soon. Democrats are ready to make it happen — and willing to debate reasonable compromises on the specifics — so I urge my colleagues on the other side to join us.”
The likeliest scenario, as of Wednesday, was for Senate Democrats to start the procedural process Thursday to set up for votes on the Respect for Marriage Act early next week, two Democratic aides familiar with the bill told the Blade.
Sen. Tammy Baldwin (D-Wis.), the only open lesbian in the Senate, has been a proponent of the legislation and would be a likely candidate to go to the floor to seek a vote on the legislation.
Whether or not there are 60 votes in the Senate to end a filibuster is another matter. Supporters of the legislation have been bullish about obtaining 10 Republican votes to aid the united Democratic caucus in cutting off debate to move forward with the bill, but only four Republicans have signaled support in some capacity: Susan Collins (Maine), Rob Portman (Ohio), Thom Tillis (N.C.) and Ron Johnson (Wis).
“As for vote count, still the same,” one Senate Democratic aide told the Blade on Wednesday. “We don’t have 10 firm commitments from Republicans, but we are close and believe that the votes are there without the firm commitments.”
Johnson also has indicated his support would be conditional upon the inclusion of language to accommodate objections to same-sex marriage on religious grounds. Language being drafted by Baldwin and Collins for such an amendment, Democratic aides familiar with the bill told the Blade, would affirm the 1993 Religious Freedom Restoration Act, but go no further.
A competing amendment on religious exemptions, however, is expected to come from Sen. Mike Lee (R-Utah), according to a report in Politico. His office didn’t immediately respond Wednesday to the Blade’s request to comment on the nature of the amendment or the support obtained for the measure.
Concerns that there aren’t enough votes to advance the Respect for Marriage Act were piqued last week in the aftermath of an article in Politico with the headline: “Same-sex marriage bill teeters on verge of GOP filibuster.” The article points out numerous Republicans who are possible “yes” votes, such as Sens. Mitt Romney (R-Utah), Pat Toomey (R-Pa.) and Lisa Murkowksi (R-Alaska), have yet to declare outright support for the legislation.
Murkowski, who was an early Republican supporter of same-sex marriage, stands out in the group as among the Republicans who have yet to declare a position on the Respect for Marriage Act, although a spokesperson for the Alaska Republican confirmed to the Blade she remains undecided.
“Sen. Murkowski has long supported marriage equality,” said Hannah Ray, a Murkowksi spokesperson. “She is reviewing the House-passed bill and tracking negotiations in the Senate over possible modifications to the text of the Respect for Marriage Act introduced by Sens. Baldwin and Collins, so at this time she has not announced how she will vote.”
The conclusion of the Politico article that sufficient support remains in question, however, appears largely based on quotes from senior Republicans in the Senate who reportedly cast doubt about whether enough members of their caucus would break away to support the bill. Senate Minority Whip John Thune (R-S.D.) was quoted as saying right now no one knows “the exact answer” on the number of votes; he reportedly added he hasn’t done a formal whip count.
Sen. John Cornyn (R-Texas) was reportedly more blunt in his assessment: “I don’t see 10 Republicans,” Cornyn was quoted as saying. “I assume if people were inclined to support it, they would have already declared in support of it.”
Blade readers will remember Cornyn was the member of the Senate Judiciary Committee who pressed now U.S. Associate Justice Ketanji Brown Jackson during her confirmation hearing about the U.S. Supreme Court’s 2015 decision in favor of same-sex marriage, asking her whether she could understand observers being surprised by the outcome.
Despite Cornyn’s projections, Republicans in the Senate have had a history of keeping their cards close to their vests on measures relating to LGBTQ rights before some ultimately break away to vote in the favor of the legislation. Such has been the case in the past 12 years with “Don’t Ask, Don’t Tell” repeal and the Employment Non-Discrimination Act.
Bolstering the prospects for the Respect for Marriage Act is that the bill would reaffirm existing law as opposed to make changes. The legislation also wouldn’t codify same-sex marriage into the U.S. code, but rather repeal from the books the Defense of Marriage Act, which the Supreme Court struck down in 2013, and require states to recognize same-sex marriages performed elsewhere.
A final push for the legislation among its supporters was evident in recent days as expectations for a vote increased. The Human Rights Campaign was set on Thursday to deliver to the Pittsburgh office of the undecided Toomney letters urging him to support the Respect for Marriage Act
Within the Republican Party, more than 400 prominent Republicans signed a letter organized by the LGBTQ group Freedom for All Americans and issued on Tuesday urging support for the Respect for Marriage Act. Among the co-signers are former Republican National Committee chair Ken Mehlman, who’s gay; Mehmet Oz, the Republican Senate nominee in Pennsylvania; and former president George W. Bush’s daughter Barbara Bush.
“As Republicans and conservatives, we believe strong families and lasting relationships strengthen communities, and civil marriage is a fundamental freedom central to individual liberty and the pursuit of happiness,” the letter says. “We stand with the 71 percent of Americans today, including a majority of registered Republicans, who support the freedom to marry for all Americans.”
Baldwin, for her part, said in a statement to the Blade on Wednesday she continues to remain optimistic about reaching the necessary 60 votes on the Respect for Marriage Act and work continues behind the scenes on those efforts.
“I am continuing my work to build the Republican support needed to pass our bipartisan legislation to protect marriage equality and ensure Americans in same-sex and interracial marriages are guaranteed the same rights and freedoms of every other marriage,” Baldwin said. “These loving couples deserve this certainty and the American people overwhelmingly agree.”
The White House
Trump tells Fox News he won the ‘gay vote’ — but polls tell a different story
Trump falsely claims LGBTQ support on Fox despite polling showing overwhelming opposition.
President Donald Trump claimed he won the “gay vote” in 2024, despite evidence showing otherwise.
While appearing by phone on Fox News’s panel show “The Five” on Thursday, Trump falsely claimed he performed particularly well among gay voters while discussing the ongoing war in Iran — a conflict he initiated without formal congressional approval.
“Now I think I did very well with the gay vote, OK? I even played the gay national anthem as my walk-off, OK?” Trump said on air.
“And I think it probably helped me. But I did great. No Republican’s ever gotten the gay vote like I did and I’m very proud of it, I think it’s great. Perhaps it’s because I’m from New York City, I don’t know…”
His claim contradicts 2024 polling from NBC News, which found that the GOP presidential ticket captured fewer than 1 in 5 LGBTQ male voters — a figure that may also include bisexual and transgender men. Trump’s support among LGBTQ female voters was even lower, at just 8%.
White LGBTQ voters favored Vice President Kamala Harris over Trump by a margin of 82% to 16%, while LGBTQ voters of color backed Harris by an even wider 91% to 5%.
Trump also used the appearance to criticize “Gays for Palestine,” saying: “Look at ‘Gays for Palestine’… they kill gays, they kill them instantly, they throw them off buildings, and I’m saying, ‘Who are the gays for Palestine?’”
He further pointed to his campaign’s use of the song “Y.M.C.A.” by the Village People — which he has repeatedly described as a “gay national anthem” — noting that it was frequently used as a walk-off song at rallies, as an indication that he and his campaign were supported by the gay community. The track, long associated with camp and hyper-masculine gay imagery, became a staple of Trump campaign events.
The Village People were later booked to perform at Turning Point USA’s inaugural ball celebrating Trump’s second inauguration. Lead singer Victor Willis previously criticized Trump’s use of the song dating back to 2020 and considered legal action to block it, but ultimately said there was “not much he can do about it.” He later acknowledged the renewed exposure was “beneficial” and “good for business,” boosting the song’s popularity and chart performance.
Despite Trump’s claims of strong support from gay voters, polling has consistently shown otherwise — even as several prominent gay men have held roles in or around his orbit, sometimes dubbed the “A-gays.” These include Richard Grenell, former executive director of the Kennedy Center and Special Presidential Envoy for Special Missions; Treasury Secretary Scott Bessent; Under Secretary of State Jacob Helberg; Department of Energy official Charles T. Moran; and longtime supporter Peter Thiel, co-founder and CEO of Palantir.
His efforts to portray himself as aligned with the gay community stand in conflict with policies advanced under his leadership. These include removing LGBTQ-related data from State Department reports, attempting to narrowly redefine gender identity in federal policy, restricting access to gender-affirming health care, and rolling back anti-discrimination protections. His administration also rescinded initiatives focused on LGBTQ health equity, data collection, and nondiscrimination in health care and education — moves advocates say contribute to stigma and worsen mental health outcomes.
Additionally, some HIV programs and community health centers have lost funding from the federal government after supporting initiatives inclusive of transgender people as a direct result of Trump-Vance policies.
National
Anti-trans visa ruling echoes Nazi regime destroying trans documents
Trump administration escalates attacks on queer community
The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”
The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.”
This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.
As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.”
Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation.
By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents.
With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”
This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions.
While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933.
In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare.
Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people.
The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.
The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.”
As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.”
In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.
Japan
Japanese Supreme Court to consider marriage equality
Japan only G7 country that does not legally recognize same-sex couples
The Japanese Supreme Court on Wednesday said it will consider six marriage equality lawsuits.
NHK, the country’s public broadcaster, noted all 15 of the court’s justices will consider the case.
Japan is the only G7 country that does not legally recognize same-sex couples, despite several court rulings in recent years that found the denial of marriage benefits to gays and lesbians unconstitutional.
Tokyo High Court Judge Ayumi Higashi last November upheld Japan’s legal definition of a family as a man and a woman and their children.
Prime Minister Sanae Takaichi, who became the country’s first female head of government last October, opposes marriage rights for same-sex couples. She has also reiterated the constitution’s assertion that the family is an institution based around “the equal rights of husband and wife.”
Same-sex couples can legally marry in Taiwan, Nepal, and Thailand.
NHK reported the Supreme Court is expected to issue its ruling in early 2027.
