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 “She’s been in government her whole life. 4 years after Laxalt’s column & 3 years after DADT was repealed, Masto defended Nevada’s ban on gay marriage, comparing it to bigamy and incest.”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.
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.
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Poland5 days agoPolish court rules country must recognize same-sex marriages from EU states
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District of Columbia4 days agoTrans Day of Visibility events planned
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Virginia4 days agoVirginia General Assembly’s 2026 legislative session ends
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Federal Government4 days agoMarkwayne Mullin confirmed as next DHS secretary
