News
Analysis: Nevada Democratic senator faces attacks on LGBTQ record that defy logic
Masto criticized for defending marriage ban, but GOP opponent Laxalt agreed with her
The race for the U.S. Senate seat in Nevada — which may decide control of that chamber of Congress in the upcoming election — is coming down to the wire as polls shows a tight race between Sen. Catherine Cortez Masto (D) and the Republican challenger Adam Laxalt. If Republicans get their way, it will have everything to do with Cortez Masto’s defending her state’s ban on same-sex marriage as Nevada attorney general — and nothing at all to do with the long record against LGBTQ rights of her Republican opponent.
Cortez Masto, as Republicans want you to remember, made the decision in 2014 as Nevada attorney general initially to defend her state’s ban on same-sex marriage against a legal challenge in court. It was after the Supreme Court’s ruling against the anti-gay Defense of Marriage Act, which prompted a wave of litigation throughout the country against state bans on same-sex marriage as legal advocates saw a new opportunity to overturn them under the new precedent.
Some other attorneys general at the time came to a different conclusion and determined they didn’t need to defend their state bans in court, making legal conclusions the laws were unconstitutional and thus indefensible. Cortez Masto also had some choice words in her initial legal brief comparing the ban on same-sex marriage to bigamy and incest, which Republicans are now able to pounce on largely thanks to the Washington Blade’s original reporting at the time drawing attention to the language in the brief.
Matt Wolking, vice president of Axiom Strategies, is among the Republican political strategists invoking Cortez Masto’s defense of the marriage ban, rebuking her on Twitter on the basis she opposes gay rights — all while promoting her GOP opponent despite a column he wrote in favor of “Don’t Ask, Don’t Tell,” the military’s gay ban.
“Laxalt served in our military. Catherine Cortez Masto did not,” Wolking tweeted. “She’s been in government her whole life. 4 years after Laxalt’s column & 3 years after DADT was repealed, Masto defended Nevada’s ban on gay marriage, comparing it to bigamy and incest.”
But what Republicans aren’t telling voters is that Cortez Masto’s legal position on her state’s ban on same-sex marriage didn’t last long. After issuing a statement the next day signaling she was reconsidering her defense of the law, she later announced after the review she would reverse her position and join legal advocates in seeking to overturn the law.
In 2022, Republican efforts to draw attention to Cortez Masto’s record is the latest indication that the issue of same-sex marriage, which years ago was an unpopular idea that sent Democrats running for the hills, has been turned on its head in terms of its political implications. For example, Democrats in the House just this year were eager to bring the floor legislation seeking to codify same-sex marriage after the U.S. Supreme Court decision overturning Roe v. Wade. Support for same-sex marriage is so high that one-fourth of the Republican caucus went along with them.
The Nevada race, however, takes public support for same-sex marriage to a whole new level. Now, Republicans are criticizing a Democratic incumbent up for re-election for defending the ban on same-sex marriage and her choice of words in an initial legal brief when Republicans have largely been responsible for enacting the bans in the first place. The latest Republican Party platform from 2016 continues the party’s position in favor of a constitutional amendment that would ban same-sex marriage form coast-to-coast.
As such, it would be hard for Republicans to assert they are bringing up Cortez Masto’s record out of a genuine concern for same-sex marriage and not simply as a political ploy to disaffect Democrats and suburban women, whose turnout would be necessary for Democrats to retain control of Congress in a mid-term election with a Democratic president.
Consider the alternative: Laxalt is a conservative who is notorious for having an anti-LGBTQ record. Take, for example, the aforementioned op-ed Laxalt wrote for the National Review in 2010 in favor of “Don’t Ask, Don’t Tell” when repeal of the ban on openly gay service members was being considered in Congress.
Changing the law, Laxalt wrote, would make “fighting wars harder” on the basis that men “love to have sex” and the military “cannot tolerate the tensions that surround sexual relationships or potential ones” that would come with openly gay service members.
“To those who currently tolerate homosexuals but retain their God‐given right to reject homosexuality as a practiced lifestyle — could you do the above as a leader?” Laxalt wrote. “Even for your country? It is one thing for the military to ask its members to accept
homosexuals, but another for the military to ask its members to accept and live with
homosexuality, the homosexual lifestyle.”
That’s just one part of Laxalt’s longer record, which includes signing a legal brief in favor of allowing a Washington florist to refuse wedding services to same-sex couples based on religious objections and dubbing as “coercive” the Obama administration’s guidance on transgender students to use the bathroom consistent with their gender identity.
The real kicker: Laxalt himself said when running for the position of Nevada attorney general he would defend the state’s ban on same-sex marriage. During a 2014 interview with the Las Vegas Sentinel, Laxalt emphatically made the case the role of attorney general is to defend state law on the marriage ban.
“As attorney general of Nevada, I would follow and uphold the law as passed by the people of Nevada through our constitutional process, and I would vigorously defend that law when challenged,” Laxalt said.
Unlike Cortez Masto, there’s nothing in the public record suggesting that Laxalt ever changed his position on same-sex marriage or otherwise embraced LGBTQ rights (save for accepting the endorsement from Log Cabin Republicans and strong support from Richard Grenell). Meanwhile, Cortez Masto has sponsored the Equality Act, legislation that would expand protections against LGBTQ discrimination under civil rights law, and is now a co-sponsor of the Respect for Marriage Act, which supporters say will come up for a vote in lame duck after the election.
If, at the end of the day, Nevada voters decide to oust Cortez Masto and replace her with Laxalt, they would be replacing a supporter of LGBTQ rights measures before Congress with a voice stridently against them. One wonders if Republicans criticizing Cortez Masto for her short-lived defense of her state’s ban will come back to criticize Laxalt for voting “no” on those measures based on their newfound standards for political candidates.
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Congratulations to David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”
Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.
Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.
He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.
Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.
Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street.
Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors.
District of Columbia
D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee
Alleged years of verbal harassment, slurs, intimidation
The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.
The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”
Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.
Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.
“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,” the ACLU’s statement says.
“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.
“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.
He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”
The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”
Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.
“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.
The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. Michelman said Jones has been on leave from work for a period of time, but he did not know how long. Jones couldn’t immediately be reached for comment.
“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”
Virginia
Spanberger signs bill that paves way for marriage amendment repeal referendum
Proposal passed in two successive General Assembly sessions
Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.
Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.
The ballot question that voters will consider on Election Day is below:
Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?
Voters in 2006 approved the Marshall-Newman Amendment.
Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.
Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.
A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.
“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.
Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.
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