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Senate may cue up marriage vote soon, but 60 votes not assured

Some Republican leaders doubt there’s sufficient support

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From left, Sen. Charles Schumer (D-N.Y.), Sen. Tammy Baldwin (D-Wis.) and Sen. Susan Collins (R-Maine). (Blade file photos by Michael Key)

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.”

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National

Trump falsely links trans people to terrorism

Intelligence agencies threatening to investigate community members as domestic terrorists

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President Donald Trump (Washington Blade photo by Michael Key)

Uncloseted Media published this article on Feb. 14.

By HOPE PISONI | In December, Kathy Brennan was in San Francisco on a video call with her wife and son when she started to feel a burning pain in her chest. While she ignored it at first, it quickly spread to more of her body until it was too much to bear. She called 911 and was brought to the hospital on a stretcher.

“My entire chest was just crushed in pain, I couldn’t even move it was so bad,” Brennan told Uncloseted Media. “I said ‘God, I am not ready to die here. Please don’t let me die.’ I was thinking about Alaina, and we have so much more life together.”

Brennan spent the next few days recovering in the hospital from what doctors determined to be a stress-induced heart attack.

Brennan had spent the past year in a near-constant state of what she called “safety monitoring” her wife, Alaina Kupec.

She obsessively followed the news about the Trump administration’s attacks against the trans community, especially as officials began openly labeling trans people as terrorists. Everywhere she went, she mentally patrolled for how to keep her wife safe.

“Is our home safe? Is my wife safe? Are we safe? What do we have to do? … Can we protect ourselves if people come to our door? What do we have to worry about when we go to the grocery store? Are we gonna get doxxed?” Brennan remembers thinking.

Kupec, a trans naval intelligence veteran, is an outspoken advocate for trans rights and is the founder president of Gender Research Advisory Council + Education (GRACE).

“I think the big worry is that she will be taken away from me and we won’t be able to find her. … Then, just for the sheer sake of cruelty, my beautiful, feminine woman of a wife, they would put her in a men’s prison.”

Brennan’s fear reflects that of many trans Americans and their loved ones. In the aftermath of the assassination of anti-trans conservative activist Charlie Kirk, the Trump administration and its allies began taking actions to target socially progressive people and organizations as terrorists, with a focus on trans people. In September, Trump signed an executive order designating Antifa, a decentralized movement focused on militant opposition to fascism, as the first ever “domestic terrorist organization.” At the same time, the closely allied Heritage Foundation — who penned Project 2025 — began pushing for the creation of a new national security designation called “Transgender Ideology-Inspired Violent Extremism.”

Shortly after, Trump released National Security Presidential Memorandum (NSPM)-7, which directs intelligence agencies to investigate left-wing political organizations for involvement in domestic terrorism, singling out “extremism on migration, race, and gender” and “hostility towards those who hold traditional American views on family, religion, and morality.”

The unfounded trans terrorism panic has swept right-wing spaces, and experts say that it’s putting trans people in danger.

“If people are told, day after day, especially from … people with that veneer of legitimacy, that this entire group of people … is implicitly a dangerous terrorist, that sends that message that these people are able to be targeted for violence,” Jon Lewis, a research fellow at the Program on Extremism at George Washington University, told Uncloseted Media.

The what and the why

While Trump relied on anti-trans messaging since he began campaigning in the 2024 presidential election, his portrayal of trans people as a national security threat emerged in response to an August 2025 mass shooting in Minneapolis, where a trans person killed two children. While the overwhelming majority of mass shooters are cisgender men, right-wing figureheads blamed the shooting on the perpetrator’s transness.

While Kirk’s assassin is cisgender, early reports falsely claimed that he had engraved pro-trans messages onto his bullets, which conservative figures like Megyn Kelly and Laura Loomer used to blame trans people for the killing. “It’s time to designate the transgender movement as a terrorist movement,” Loomer said the following weekend on X. And Vice President JD Vance suggested that he considers trans people to be part of a “terrorist movement.”

The Trump administration picked up on this rhetoric to justify its actions: the Antifa executive order and NSPM-7 both reference Kirk’s assassination as well as either trans people or “extremism on gender.”

As these policies began rolling out, independent journalist Ken Klippenstein reported that the FBI was preparing to designate trans people as “nihilistic violent extremists.” A leaked intelligence brief showed that U.S. Customs and Border Protection had centered the focus of one extremist group on their trans membership, referring to them as a “radical leftist trans militant cult.”

How these actions will be enforced remains to be seen. At least two trans women are currently jailed and awaiting trial over an anti-ICE protest where a local police officer was shot by a cis man, which the Department of Justice claims was connected to an “Antifa Cell.” It is not known whether the government will attempt to use the defendants’ transness to implicate them in terrorism charges.

And leaked documents indicate that the FBI is compiling a list of groups and individuals involved in extremism based on a number of beliefs including “radical gender ideology.” Their ability to compile such lists may be enhanced by a policy change from the Department of Homeland Security last February that allows the government to surveil people based on their sexual orientation or gender identity.

While some have questioned to what extent the administration intends to actually enforce all of these policies, experts say that the fact they’re being discussed poses a serious risk.

“From 9/11 onward, the United States has been leading a ‘global war on terror,’ so to label somebody as a terrorist is a rallying cry for violence and discrimination,” says Arie Kruglanski, a professor of psychology at the University of Maryland. “This term of terrorism calls people to action. … Once you label somebody as a terrorist, then clearly they present a mortal danger to society, and they need to be fought against.”

‘Tremendously damaging’

Lewis says that being exposed to these attacks can be “tremendously damaging.”

“It’s not even that there are [always] explicitly these immediate legal repercussions that some person will face, but it’s that othering, it’s that sense of fear every day,” he says.

That fear has caused Jewels Jones to withdraw from public life. Jones, a trans man from the South, says that the anti-trans vitriol online after Kirk’s death became too much to handle, and he had to leave social media almost entirely.

“I’m 23, I should be on social media, but I can’t because if I even go onto my timeline, something can trigger me,” Jones told Uncloseted Media. “[I miss] the feeling of freedom.”

With community often hard to find, Jones says he and several other trans people he knows have been struggling with substance use.

“Everyone here has their own reasons for turning to things such as drinking and smoking and partying and just finding [a way] to feel numb or ignore what’s going on,” Jones says. “Just being trans and having to see how everybody views you, how you’re perceived, how you’re feeling, all these different emotions that you feel is more than enough of a reason [to] turn to those things.”

PJ, a trans man from a small town in Arizona, who asked to remain anonymous because he is not out, says that after Trump’s inauguration, he’s started to hide his transness. And he’s not alone: Since the 2024 election, 55 percent of trans people have taken steps to be less visible in their communities.

“It is torture,” PJ says. “I do not like having to lower my voice when I speak to prevent sounding androgynous. I do not like having to hide away my wardrobe for ‘being too gay.’ There is no comfort in overcompensation.”

Individuals aren’t the only ones stepping into the shadows. Kupec has been withdrawing herself and her nonprofit from the internet as much as possible. She says GRACE used to host monthly calls, where as many as 100 people would join to hear from experts on issues facing the trans community. But now, they no longer have public meetings, and internal communications have moved to Signal, an encrypted messaging app.

“We have backed off of doing those things because of the fear of how this could be leveraged against us,” Kupec told Uncloseted Media. “It’s had a chilling effect on our ability to exercise our freedom of speech as individuals and as a nonprofit organization.”

Trying to leave

Because of this fear, many trans Americans are trying to leave. A survey by the Movement Advancement Project found that 43 percent of trans Americans had considered moving to a different state since the 2024 election, with 9 percent having already moved. And the Williams Institute found that 45 percent of trans people wanted to move out of the country.

Kupec has watched noteworthy friends disperse across the globe: Rachel See, the former chair for National Center for Transgender Equality, moved to Portugal; and author and advocate Brynn Tannehill moved to Canada.

“That’s part of what [the administration’s] desired outcome is, to get people to self-deport,” Kupec says.

For many, relocating isn’t easy: For 64 percent of trans people who want to move out of state, cost of living was cited as a barrier. PJ has been trying to move for years. But within the U.S., relatively LGBTQ-friendly states like California and Massachusetts have much higher costs of living, making moving there financially challenging.

Moving internationally is no small feat either — every country has its own laws to navigate around immigration.

PJ says he kept running into barriers while trying to leave. The Netherlands initially seemed promising, but he discovered that the path to residency required him to start a business, which he couldn’t afford to do. Other countries fell through because he didn’t have the money to cover application fees. The closest he got to making it out was when a friend on the east coast of Canada offered to let him stay with them for a while. But it fell through when the friend’s septic tank collapsed, ruining the house and forcing PJ back to the U.S.

“It seems like every plan that you make to try to get out of here, it just gets squashed,” he says.

Those barriers have gotten scarier for PJ as the clock may be ticking for him to be able to leave. In November, the Supreme Court allowed the Trump administration to enforce a ban on passports with gender markers that do not align with an individual’s birth certificate, with the State Department’s website suggesting that passports which have already been updated may be invalidated.

Given all of these threats, PJ believes that trans Americans should be able to seek asylum in other countries. Applications for asylum by trans Americans have been rejected in countries including the Netherlands and Canada, and most European countries don’t view the U.S. as dangerous enough to grant refugee status despite many having issued travel advisories for trans residents visiting the country.

“We can’t really claim asylum right now so there’s not really many other options but sink or swim,” PJ says.

There have been some efforts to push for asylum status for trans Americans. Politicians, advocates and lawyers in Canada and Norway have called for their respective governments to accept trans Americans as refugees. And in July, a Canadian judge blocked the deportation of a nonbinary American who overstayed their visa, with one of the factors considered in the decision being “current conditions for LGBTQ, nonbinary, and transgender persons” in the U.S.

Finding hope and respite

In the face of all this, finding a support network can be crucial to survival. While community has been especially hard to find in the South, Jones says that he’s been able to connect with other transmasc people via reddit communities like r/TMPOC (Trans Masculine People of Color) or r/testosteronekickoff.

Kupec and Brennan find solace through their 12-year relationship. Brennan says, “I love her more now … than I did when I first fell mad smack in love with her.”

“Having love where there’s respect and kindness and joy and excitement and it goes both ways, that is really unique, not a lot of people have that,” she says. “But when you do have it, it’s like, ‘I wanna preserve this and protect this with every ounce of my energy and soul because it’s the center of my life,’ and I know that she feels that way too.”

As Brennan recovers from her heart attack, she’s been watching less news and joined a book club to connect with other people. Kupec, a Catholic, has been putting her faith in God to get through.

“I know who I am, I know my maker knows who I am, and I have strong faith that by doing the right thing, at the end of the day, that’s what’s going to win out.”

Additional reporting by Sam Donndelinger.

 

 

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Virginia

Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address

Gay state senator to take job in Spanberger administration

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Outgoing Virginia state Sen. Adam Ebbin (D-Alexandria) in 2024. (Washington Blade photo by Michael Key)

Gay Virginia state Sen. Adam Ebbin (D-Alexandria) delivered his farewell address on Feb. 16 in the Senate chamber in Richmond following his decision to resign from his role as a lawmaker to take a position as senior advisor to Democratic Gov. Abigail Spanberger.  

Ebbin, whose resignation was to take effect Feb. 18, received a standing ovation from his fellow senators. Several of them spoke after Ebbin’s address to praise him for his service in the Virginia Senate from 2012 to 2026.

Ebbin first won election to the Virginia House of Delegates in 2003 as the first openly gay member of the General Assembly. He served in the House of Delegates from 2004 to 2012 before winning election to the Senate in 2011.

His Senate district includes Alexandria and parts of Arlington and Fairfax Counties. 

“Serving in this body has been the greatest honor of my life,” Ebbin said in his farewell address. “Representing Northern Virginia in the General Assembly — my adopted home since 1989 — has been a responsibility I never took lightly,” he said.

“We are a 406-year-old institution,” he told his fellow lawmakers. “But, when I arrived, I had the distinct honor of being a ‘first’ in the General Assembly,” he said. “Being an openly gay elected official 22 years ago didn’t earn you book deals or talk show appearances — just a seat in a deep minority across the hall.”

Ebbin added, “Still, being out was a fact that felt both deeply personal and unavoidably public. I was proud, but I was also very aware that simply being here carried a responsibility larger than myself.”

Ebbin has been credited with playing a lead role in advocating for LGBTQ rights in the General Assembly as well as speaking out against anti-LGBTQ proposals that have surfaced during his tenure in the legislature.

In his speech he also pointed to other issues he has championed as a lawmaker; including strengthening education programs, expanding access to healthcare, safeguarding the environment, and legislation to help “stand up for working people.”

Among the LGBTQ rights legislation he pushed and mentioned in his speech was the Virginia Values Act of 2020, which bans discrimination based on sexual orientation and gender identity, among other categories.  

“I’m particularly proud of our work ensuring Virginia modernized state law to protect LGBT people from discrimination in their daily lives, including in employment, housing, and public accommodations,” he said in his speech. “The Virginia Values Act of 2020 — my proudest achievement — established new protections for all Virginians,” he said.

“This law, the first of its kind in the South, passed with strong bipartisan support,” he stated. “And now — this November — after 20 years, Virginians will finally be able to vote on the Marriage Equality Amendment, which will protect the ability to marry who you love. It’s time for our state constitution to accurately reflect the law of the land.”    

He was referring to a proposed state constitutional amendment approved by the General Assembly, but which must now go before voters in a referendum, to repeal a constitutional amendment approved by the legislators and voters in 2006 that bans same-sex marriage.

The U.S. Supreme Court’s Obergefell ruling legalizing same-sex marriage nationwide voided the Virginia same-sex marriage ban. But Ebbin and LGBTQ rights advocates have called on the General Assembly to take action to repeal the amendment in case the Supreme Court changes its ruling on the issue.

In his new job in the Spanberger administration Ebbin will become a senior advisor at the Virginia Cannabis Control Authority, which regulates policies regarding marijuana possession and distribution.

Ebbin was among the lead sponsors of legislation in 2020 to decriminalize possession of marijuana and of current pending legislation calling for legalizing possession.

“When I first entered the General Assembly, I saw too many lives upended by a simple marijuana charge — jobs lost, futures delayed, families hurt,” he said in his speech. “And for far too long, that harm was baked into our laws. That is no longer the case. The times have changed and so have our laws.”

Ebbin said he was also proud to have played some role in the changes in Virginia that now enable LGBTQ Virginians to serve in all levels of the state government “openly, authentically, and unapologetically.”

“I swore to myself that I wouldn’t leave until there was at least one more lesbian or gay General Assembly member,” Ebbin said in his speech. “But when I leave, I’m proud to say we will have an 8-member LGBTQ caucus.”

And he added, “And if anyone on the other side of the aisle wants to come out, you will be more than welcome — we’re still waiting on that first openly gay Republican.”

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Africa

LGBTQ groups question US health agreements with African countries

Community could face further exclusion, government-sanctioned discrimination

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The White House commemorates World AIDS Day in 2023. Health agreements the U.S. has signed with Uganda, Kenya, and other countries have sparked concern among queer rights groups. (Washington Blade photo by Michael Key)

Some queer rights organizations have expressed concern that health agreements between the U.S. and more than a dozen African countries will open the door to further exclusion and government-sanctioned discrimination.

The Trump-Vance administration since December has signed five-year agreements with Kenya, Uganda, and other nations that are worth a total of $1.6 billion. 

Kenyan and Ugandan advocacy groups note the U.S. funding shift from NGO-led to a government-to-government model poses serious risks to LGBTQ people and other vulnerable populations in accessing healthcare due to existing discrimination based on sexual orientation.

Uganda Minority Shelters Consortium, Let’s Walk Uganda, the Kenya Human Rights Commission, and the Center for Minority Rights and Strategic Litigation note the agreements’ silence on vulnerable populations in accessing health care threatens their safety, privacy, and confidentiality.

“Many LGBTQ persons previously accessed HIV prevention and treatment, sexual and reproductive health services, mental health support, and psychosocial care through specialized clinics supported by NGOs and partners such as USAID (the U.S. Agency for International Development) or PEPFAR,” Let’s Walk Uganda Executive Director Edward Mutebi told Washington Blade.

He noted such specialized clinics, including the Let’s Walk Medical Center, are trusted facilities for providing stigma-free services by health workers who are sensitized to queer issues.    

“Under this new model that sidelines NGOs and Drop-in Centers (DICs), there is a high-risk of these populations being forced into public health facilities where stigma, discrimination, and fear of exposure are prevalent to discourage our community members from seeking care altogether, leading to late testing and treatment,” Mutebi said. “For LGBTQ persons already living under criminalization and heightened surveillance, the loss of community-based service delivery is not just an access issue; it is a full-blown safety issue.”

Uganda Minority Shelters Consortium Coordinator John Grace said it is “deeply troubling” for the Trump-Vance administration to sideline NGOs, which he maintains have been “critical lifelines” for marginalized communities through their specialized clinics funded by donors like the Global Fund and USAID. 

USAID officially shut down on July 1, 2025, after the White House dismantled it.

Grace notes the government-to-government funding framework will impact clinics that specifically serve the LGBTQ community, noting their patients will have to turn to public systems that remain inaccessible or hostile to them.

“UMSC is concerned that the Ugandan government, under this new arrangement, may lack both the political will and institutional safeguards to equitably serve these populations,” Grace said. “Without civil society participation, there is a real danger of invisibility and neglect.” 

Grace also said the absence of accountability mechanisms or civil society oversight in the U.S. agreement, which Uganda signed on Dec. 10, would increase state-led discrimination in allocating health resources.

Center for Minority Rights and Strategic Litigation Legal Manager Michael Kioko notes the U.S. agreement with Kenya, signed on Dec. 4, will help sustain the country’s health sector, but it has a non-binding provision that allows Washington to withdraw or withhold the funding at any time without legal consequences. He said it could affect key health institutions’ long-term planning for specialized facilities for targeted populations whose independent operations are at stake from NGOS the new agreement sidelines.

“The agreement does not provide any assurance that so-called non-core services, such as PrEP, PEP, condoms, lubricants, targeted HIV testing, and STI prevention will be funded, especially given the Trump administration’s known opposition to funding these services for key populations,” Kioko said.

He adds the agreement’s exclusionary structure could further impact NGO-run clinics for key populations that have already closed or scaled down due to loss of the U.S. funding last year, thus reversing hard-won gains in HIV prevention and treatment.  

“The socio-political implications are also dire,” Kioko said. “The agreement could be weaponized to incite discrimination and other LGBTQ-related health issues by anti-LGBTQ voices in the parliament who had called for the re-authorization of the U.S. funding (PEPFAR) funding in 2024, as a political mileage in the campaign trail.”

Even as the agreement fails to safeguard specialized facilities for key populations, the Kenya Human Rights Commission states continued access to healthcare services in public facilities will depend on the government’s commitment to maintain confidentiality, stigma-sensitive care, and targeted outreach mechanisms.

“The agreement requires compliance with applicable U.S. laws and foreign assistance policies, including restrictions such as the Helms Amendment on abortion funding,” the Kenya Human Rights Commission said in response to the Blade. “More broadly, funded activities must align with U.S. executive policy directives in force at the time. In the current U.S. context, where executive actions have narrowed gender recognition and reduced certain transgender protections, there is a foreseeable risk that funding priorities may shift.”

Just seven days after Kenya and the U.S. signed the agreement, the country’s High Court on Dec. 11 suspended its implementation after two petitioners challenged its legality on grounds that it was negotiated in secrecy, lacks proper parliamentary approval, and violates Kenyans’ data privacy when their medical information is shared with America. 

The agreement the U.S. and Uganda signed has not been challenged.

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