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 “She’s been in government her whole life. 4 years after Laxalt’s column & 3 years after DADT was repealed, Masto defended Nevada’s ban on gay marriage, comparing it to bigamy and incest.”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.
Uganda
LGBTQ Ugandans targeted ahead of country’s elections
President Yoweri Museveni won 7th term in disputed Jan. 15 vote
Barely a week after Ugandan President Yoweri Museveni secured a 7th term in an election marred by state violence, intimidation, and allegations of fraud, the country’s queer community spoke about how the election environment impacted it.
The LGBTQ lobby groups who spoke with the Washington Blade noted that, besides government institutions’ failure to create a safe and inclusive environment for civic participation by all Ugandans, authorities weaponized the Anti-Homosexuality Act to silence dissent and discourage queer voter engagement.
The rights groups note that candidates aligned with Museveni’s ruling National Resistance Movement — including Parliament Speaker Anita Among — during the campaigns accused their rivals of “promoting homosexuality” to discredit them while wooing conservative voters.
Queer people and LGBTQ rights organizations as a result were largely excluded from the formal political processes for the election as voters, mobilizers, or civic actors due to fear of exposure, stigma, violence, and legal reprisals.
“This homophobic rhetoric fueled public hostility and emboldened vigilante violence, forcing many queer Ugandans into deeper hiding during the election period,” Uganda Minority Shelters Consortium Coordinator John Grace stated.
Some queer people had expressed an interest in running for local council seats, but none of them formally registered as candidates or campaigned openly because of safety concerns and local electoral bodies’ discriminatory vetting of candidates.
“UMSC documented at least three incidents of election-related violence or intimidation targeting LGBTQ+ individuals and activists,” Grace noted. “These included harassment, arbitrary detentions, extortions by state and non-state actors, digital cat-fishing, and threats of outing.”
Amid such a militarized and repressive election environment, Let’s Walk Uganda Executive Director Edward Mutebi noted queer-led and allied organizations engaged in the election process through restricted informal voter education, community discussions, and documenting human rights violations.
“Fear of backlash limited visibility and direct participation throughout the election cycle,” Mutebi said. “But despite the hostile environment of work, Let’s Walk Uganda was able to organize a successful transgender and gender diverse youth training on electoral security and safety.”
Museveni’s government escalated its repressive actions during the Jan. 15 elections by shutting down the internet and suspending nine civil society organizations, including Chapter Four Uganda and the National Coalition of Human Rights Defenders, for allegedly engaging in activities that are prejudicial to the security and laws of the country.
The suspension of the rights organizations remains in force, an action both Mutebi and Grace condemn. They say it prevents queer Ugandans from accessing urgent services from the affected groups.
“For the LGBTQ community, the impact has been immediate and deeply harmful. Many of the suspended organizations, like Chapter Four Uganda, were critical partners in providing legal representation, emergency response, and documentation of rights violations,” Grace said.
This has compelled UMSC and its other partners to handle increased caseloads with limited resources, while navigating heightened scrutiny and operational risk.
“The suspension has disrupted referral pathways, delayed urgent interventions, and weakened collective advocacy for marginalized groups and minority rights defenders, which calls for urgent international solidarity, flexible funding, and protection mechanisms to safeguard the work of grassroots organizations operating under threat,” Grace stated.
Mutebi warned that such repressive actions are tyrannical and are indicative of shrinking civic space, which undermines democratic accountability as the promotion and protection of human rights is ignored.
With Museveni, 81, extending his tenure at State House from a landslide win of 72 percent, UMSC and LWU consider a bleak future in the protection of rights for queer Ugandans and other minority groups.
“Without significant political and legal shifts, LGBTQ persons will face continued criminalization, reduced civic space, and heightened insecurity, making sustained advocacy and international solidarity more critical than ever,” Mutebi said. “ It is unimaginable how it feels to live in a country with no hope.”
Grace, however, affirmed the resistance by local queer lobby groups will continue through underground networks, regional solidarity, and digital organizing.
The duo noted that a win by Museveni’s main challenger and rapper, Bobi Wine, who only managed 24 percent of the total votes cast, could have enabled the opening up of civil space and human rights protections in Uganda.
Wine, for his part, spoke in favor of the respect for the rule of law and human rights during his campaign.
“While Bobi Wine’s past stance on LGBTQ rights was inconsistent, his recent shift toward more inclusive rhetoric and international engagement suggested a potential opening for dialogue,” Grace said. “A win might have created space for policy reform or at least reduced state-sponsored homophobia, though structural change would still require sustained pressure and coalition-building.”
Mutebi stated that a change in Uganda’s leadership to a youthful leader like Wine could have offered an opening, but not a guarantee for progress on inclusion and human rights. Mutebi added existing institutionalized and societal homophobia remain in place.
Federal Government
Trump-appointed EEOC leadership rescinds LGBTQ worker guidance
The EEOC voted to rescind its 2024 guidance, minimizing formally expanded protections for LGBTQ workers.
The U.S. Equal Employment Opportunity Commission voted 2–1 to repeal its 2024 guidance, rolling back formally expanded protections for LGBTQ workers.
The EEOC, which is composed of five commissioners, is tasked with enforcing federal laws that make workplace discrimination illegal. Since President Donald Trump appointed two Republican commissioners last year — Andrea R. Lucas as chair in January and Brittany Panuccio in October — the commission’s majority has increasingly aligned its work with conservative priorities.
The commission updated its guidance in 2024 under then-President Joe Biden to expand protections to LGBTQ workers, particularly transgender workers — the most significant change to the agency’s harassment guidance in 25 years.
The directive, which spanned nearly 200 pages, outlined how employers may not discriminate against workers based on protected characteristics, including race, sex, religion, age, and disability as defined under federal law.
One issue of particular focus for Republicans was the guidance’s new section on gender identity and sexual orientation. Citing the 2020 U.S. Supreme Court’s Bostock v. Clayton County decision and other cases, the guidance included examples of prohibited conduct, such as the repeated and intentional use of a name or pronoun an individual no longer uses, and the denial of access to bathrooms consistent with a person’s gender identity.
Last year a federal judge in Texas had blocked that portion of the guidance, saying that finding was novel and was beyond the scope of the EEOC’s powers in issuing guidance.
The dissenting vote came from the commission’s sole Democratic member, Commissioner Kalpana Kotagal.
“There’s no reason to rescind the harassment guidance in its entirety,” Kotagal said Thursday. “Instead of adopting a thoughtful and surgical approach to excise the sections the majority disagrees with or suggest an alternative, the commission is throwing out the baby with the bathwater. Worse, it is doing so without public input.”
While this now rescinded EEOC guidance is not legally binding, it is widely considered a blueprint for how the commission will enforce anti-discrimination laws and is often cited by judges deciding novel legal issues.
Multiple members of Congress released a joint statement condemning the agency’s decision to minimize worker protections, including U.S. Reps. Teresa Leger Fernández (D-N.M.), Grace Meng (D-N.Y.), Mark Takano (D-Calif.), Adriano Espaillat (D-N.Y.), and Yvette Clarke (D-N.Y.) The rescission follows the EEOC’s failure to respond to or engage with a November letter from Democratic Caucus leaders urging the agency to retain the guidance and protect women and vulnerable workers.
“The Equal Employment Opportunity Commission is supposed to protect vulnerable workers, including women, people of color, and LGBTQI+ workers, from discrimination on the job. Yet, since the start of her tenure, the EEOC chair has consistently undermined protections for women, people of color, and LGBTQI+ workers. Now, she is taking away guidance intended to protect workers from harassment on the job, including instructions on anti-harassment policies, training, and complaint processes — and doing so outside of the established rule-making process. When workers are sexually harassed, called racist slurs, or discriminated against at work, it harms our workforce and ultimately our economy. Workers can’t afford this — especially at a time of high costs, chaotic tariffs, and economic uncertainty. Women and vulnerable workers deserve so much better.”
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Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”
Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.
Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.
Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.
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