Opinions
With or without websites and cakes, we will continue to get married
U.S. Supreme Court ruled against LGBTQ people in the 303 Creative case
History! That’s what this U.S. Supreme Court accomplished last Friday with its most recent decision toward the LGBTQ+ protected class. It’s the first time in history that a Supreme Court, despite the composition of its members, has restricted rights and benefits to a protected class instead of granting them more. The Supreme Court, throughout history, has been a tent to extend the interpretation of federal laws to give more rights and include more protected classes within them. Despite the immobility of Congress and the difficulties of getting new bills to become federal law, the Supreme Court has always found a way to create more jurisprudence to benefit vulnerable populations. Until now, unfortunately.
Title VI of the 1964 Civil Rights Act, for example, states that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Even though the original text of Title VI didn’t include protections for individuals with Limited English Proficiency (LEP), on Aug. 11, 2000, the president signed Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” extending national origin protections to LEP individuals. This extension occurred after several Supreme Court decisions where individuals from other nationalities with limited English proficiency couldn’t access the same benefits.
Another example was the first case where Justice Ruth Bader Ginsburg brought to the attention of the Supreme Court the unconstitutionality of a law that limited women’s rights in Idaho. In Reed v. Reed (1971), the first time gender discrimination was recognized as a direct violation of the Constitution and became the basis for future decisions. For the first time in history, the Supreme Court decided that gender/sex equality was classified as a protected class under the 14th Amendment’s Equal Protection Clause. In 2015, Obergefell v. Hodges, 576 U.S. 644 (2015), the Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex couples by the Due Process Clause and the Equal Protection Clause of the 14th Amendment. Finally, in 2020, in Bostock v. Clayton County (Ga.), No. 17-1618, in a historic decision, the Supreme Court extended sex protections under Title VII of the 1964 Civil Rights Act to sexual orientation and gender identity from job discrimination. As we can see, throughout history, the Supreme Court has tentatively extended protections to protected classes instead of restricting them.
Title II of the Civil Rights Act 42 U.S.C. §2000a states that all persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public housing, as defined in this section, without discrimination on the ground of race, color, religion, or national origin. This title was challenged several times after its approval by different businesses in the United States. However, in several decisions from the Supreme Court was resolved that Congress didn’t exceed its power under the Constitution’s Commerce Clause to regulate the commerce between states and deny the discrimination against black individuals in their right to equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public housing, under Title II of the Civil Rights Act. The Supreme Court decided in several cases that discriminatory actions against black people during the offering of services affected the economy of the United States and the commerce between the states.
Is race, color, religion, or national origin protected classifications more important than sex, sexual orientation, gender identity, disability, and age? Colorado law prohibits discrimination in places of public accommodation, C.R.S. § 24-34-601 et seq. Like Title II of the Civil Rights Act, Colorado law classifies public accommodations as any place of business engaged in any sales to the public and any site offering services, facilities, privileges, advantages or accommodations to the public. The same law considers it discriminatory to refuse or deny any service against a person because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin and ancestry. Colorado law doesn’t go against the Civil Rights Act of 1964. It’s more comprehensive and extensive. The constitutional right of occupied field doctrine stems from Art. VI, Sec. 2 of the Constitution establishes that in the event of a conflict between a state law and a federal law, the federal law shall prevail if it has been validly approved. The intention to occupy the field can arise explicitly, from the precise letter of the law, or implicitly, according to its structure and purpose. The Supreme Court has repeatedly pointed out that the preemption case law doctrine applies only when Congress expressly occupies the field or when it is evident that Congress intended to exclude state legislation on a given affair. The Supreme Court has constantly expressed that state legislation is not superseded when the interest to be protected locally differs from those covered by federal law.
How is denying public accommodation against people because of their race unconstitutional, but not on the grounds of sexual orientation? It’s clear that Colorado’s law is constitutional since Congress hasn’t occupied the field of limiting the protected class under Title II of the Civil Rights Act, and the Supreme Court has extended its benefits to other types, including orientation and gender identity.
According to the Human Rights Campaign, we live in a state of emergency. More than 400 bills nationwide have been presented against the LGBTQ+ community. It’s not a causality that in the middle of all of this and a significant anti-LGBTQ+ movement, the Supreme Court has taken a historic step against minorities and vulnerable populations. However, when we analyze the reasons behind these cases against the LGBTQ+ community and their right to get married, we can undoubtedly conclude that our fight for obtaining the right to get married hasn’t ended yet. With or without cakes and websites, we will continue to enforce, enjoy and use our freedom to get married. No matter how many legal cases are presented against our right to enjoy a life of equality, we will still get married. But now, more than ever, we will keep fighting for our rights.
Opinions
D.C. is the place for the Democratic Socialists of America
Our endorsed candidates hold their affiliation as a badge of honor
D.C. is the place for the Democratic Socialists of America (DSA). We believe in a District where everyone can live a happy and dignified life. That means housing, healthcare, transit, education, and safety are treated as guarantees rather than privileges reserved for the wealthy and well-connected.
Our endorsed candidates do not hide what they believe. They engage in the democratic process openly, explain their politics clearly, and ask their fellow members to spend long nights and weekends doing the hard work of campaigning. And as the last six years of local elections have shown, including three successful D.C. Council campaigns and the overwhelming passage of Initiative 82, D.C. voters are often a great deal more interested in the endorsement of Metro DC DSA than in the handwringing of the Washington Post editorial board.
That is what makes Peter Rosenstein’s April 2 op-ed in the Blade so revealing. His piece was not just wrong. It was smug, unserious, and politically disconnected from the actual lives of queer people in this city. Worse, he used the platform of our local LGBTQ outlet to disregard Palestinian humanity while scolding democratic socialists for refusing to join him in that moral failure. Put plainly, Rosenstein has been publishing crank op-eds for years, and this one was no exception.
My name is Hayden Gise. I am a transgender, lesbian, Jewish, Democratic Socialist, and I am a union organizer. I do not speak on behalf of the national DSA organization, the local chapter, or any campaign. But I will not sit quietly while Rosenstein wraps himself in the mantle of queer Jewishness to sell the lie that anti-Zionism is antisemitism.
He packages that lie in the same kind of pinkwashing rhetoric used by Benjamin Netanyahu, who mocked solidarity with Palestinians by saying, “Some of these protesters hold up signs proclaiming ‘Gays for Gaza.’ They might as well hold up signs saying ‘Chickens for KFC.’” Rosenstein’s liberal Zionism is not thoughtful, brave, or nuanced. It is just a more polished way of telling Palestinians their lives matter less and telling queer people we should be grateful for the empire so long as it flies a rainbow flag. Which, by the way, is showing itself to be a losing strategy.
The ongoing genocide in Gaza is not some tragic deviation from the history of an otherwise peaceful Israel. The Nakba was the mass expulsion and displacement of Palestinians during Israel’s establishment in 1947–49, when hundreds of thousands were driven from their homes. My Jewish values tell me that is wrong. Rosenstein’s politics treat anti-Zionist Jews like me as illegible. No serious person should treat that accusation as an argument.
But the deeper problem with Rosenstein’s piece is that he has no real understanding of why Democratic Socialism resonates here. For queer people in D.C., Democratic Socialism is not an abstract theory. It is rent that does not consume half your paycheck, a union on your job, childcare you can actually afford, public transit that works, and a city where working-class Black and brown queer people are not displaced so developers and donors can cash in. Queer politics is not only about recognition. It is also about whether ordinary people can afford to survive.
That is why D.C. is fertile ground for Democratic Socialism. In the race for mayor, one of the leading candidates is Kenyan McDuffie, whose campaign already looks like a focus-grouped merger of Andrew Cuomo’s slogan and Donald Trump’s graphic design instincts, backed by big business interests and the super PAC money that follows them. The other has the endorsement of the major labor unions in the District. Who has a cohesive vision to make D.C. more affordable and childcare universal. Who puts people over profit and human rights over political expediency. Our next mayor, and our first Democratic Socialist Mayor: Janeese Lewis George.
D.C. is exactly the kind of city where Democratic Socialism should grow: working-class, queer, tenant-heavy, union-minded, and tired of being told that dignity is too expensive. Which side are you on? I know what side the queer people of the District of Columbia will be on.
Hayden Gise is a union organizer in Washington, D.C.
For half a century, the arc of LGBTQ progress in America has bent—slowly, imperfectly—toward justice. We fought for visibility, for legal protections, for the right to marry, serve openly, and live with dignity. Each generation built on the courage of the last.
And yet today, that progress is in peril. Across the country, lawmakers are rolling back protections, demonizing LGBTQ people for political gain, and trying to erase us from public life.
Opponents of our equality are working to erase us from the Constitution, and indeed, public life. In moments like this, based on my personal involvement working with one of the most effective leaders for LGBTQ rights I find myself asking a simple question: What would Jeffrey do?
Jeffrey Montgomery—the focus of a new documentary “America You Kill Me” and a long time Michigan activist and founder of the Triangle Foundation—was never content with quiet advocacy or compromise. He was a rabble-rouser, a strategist, and a relentless thorn in the side of powerful bigots. When politicians tried to marginalize LGBTQ people, Jeffrey didn’t politely ask for scraps. He forced the issue.
Jeffrey Montgomery started with his own determined voice and turned it into a movement. His story is living proof that personal courage can spark national conversations about justice and inclusion.
At a moment when the LGBTQ movement again faces hostility and regression, Jeffrey’s playbook offers lessons we would be wise to remember.
First, Jeffrey understood the importance of punching above our weight. In the early days of LGBTQ organizing, our movement was small, underfunded, and politically marginalized. But Jeffrey refused to let opponents see us that way. Through visibility, media savvy, and relentless organizing, he made LGBTQ advocates appear larger, stronger, and more unified than our numbers alone might suggest.
That perception mattered. Political opponents think twice before attacking a movement that looks organized, energized, and capable of mobilizing public pressure. Jeffrey knew that power is partly about reality—but also about what your opponent believes your power to be.
Second, Jeffrey never compromised on the value of our lives. Movements make compromises all the time. Politics often requires it. But Jeffrey understood that some things are not negotiable. The basic humanity of LGBTQ people is one of them. You can’t put our basic rights on the ballot. You don’t tell people to wait their turn. There are no turns. It’s now. It’s always now.
Too often, our opponents frame equality as something to be bargained over—as if the dignity and safety of queer people were a policy preference rather than a fundamental right. Jeffrey rejected that premise entirely.
You can negotiate strategy. You can negotiate timelines. But you cannot negotiate the worth of human lives.
And finally, Jeffrey understood the power of coalition. Today, one of the most effective tactics used against marginalized communities is division. If LGBTQ people can be fractured—by identity, ideology, generation, or strategy—our collective strength weakens.
Jeffrey instinctively resisted that trap. He worked with civil rights groups, labor leaders, faith communities, civic leaders and allies across movements. He understood that the fight for LGBTQ equality was never isolated from the broader fight for justice.
When opponents try to divide us, the answer is not retreat into smaller camps. The answer is to build broader ones.
If Jeffrey Montgomery were here today, he would not be discouraged by the backlash we are seeing. He would recognize it for what it is: the predictable response of those who feel their power slipping away.
And he would remind us that progress has never been linear. It has always required courage, persistence, and a willingness to challenge power directly.
So, when the moment feels uncertain, when the political winds shift against us, and when our opponents try to make us feel small, the question remains a useful one: What would Jeffrey do?
If history is any guide, the answer would be simple. He would make some noise. And making noise, today, means refusing to let fear, fatigue, or false unity quiet us when our lives are on the line.
Sean Kosofsky was director of policy at the Triangle Foundation.
Opinions
D.C. not the place for antisemitic Democratic Socialists of America
Candidates like Janeese Lewis George should reject its endorsement
D.C. is not the place for the antisemitic Democratic Socialists of America (DSA), who advocate for the end of the State of Israel from the ‘river to the sea.’ The candidates they endorse agree to their platform, which includes not talking to any Zionist organizations. Being a Zionist simply means supporting the existence of the State of Israel. It does not mean supporting the war criminal who heads the government, or what he is doing, including murdering innocent Palestinians, or bombing civilians in Iran and Lebanon. As Ron Halber, CEO of the Jewish Community Relations Council of Greater Washington, wrote in a column in DC Jewish Week, the views of the DSA are totally unacceptable.
The Council is non-political, but I am not. I can say one candidate for mayor, Janeese Lewis George, has asked for, and received, the endorsement of the DSA, and by doing so agrees to its antisemitic platform. After her endorsement became public, George tried to ‘privately apologize’ saying she didn’t see the questionnaire submitted by her campaign, rather it was submitted by a staffer. Now George says she is both not antisemitic, and supports Palestinians. Well, that sounds good. But she, and anyone else who accepts the DSA endorsement, has to answer a series of questions: 1. Are you for a two-state solution and the continued existence of the State of Israel, contrary to the position of the DSA? 2. Do you support BDS? 3. What is your definition of a Zionist? 4. What is your acceptable definition of antisemitism? 5. Will you meet with Zionist groups in DC?
Then, we must recognize if one candidate, like George, can go after and accept an endorsement from an antisemitic organization, it gives tacit permission for others to do the same with organizations that might be Islamophobic, racist, homophobic, sexist, or anti-immigrant. All unacceptable. I urge D.C. voters to reject any candidate, for any office, who has the endorsement of the DSA. That is not what we want the leaders of our government to represent.
Thankfully, there are many choices in this year’s Democratic primary elections for every office. There is a race for mayor, congressional delegate, attorney general, Council chair, two D.C. Council at-large seats, additional Council seats, Democratic State Committee seats and ANCs. D.C. political leadership will look very different after this election.
I urge voters to whittle down their choices by first rejecting anyone endorsed by the DSA. The DSA’s platform, aside from being antisemitic, also includes suggestions to ‘Defund the Police.’ That is a slogan some of the candidates running adopted a few years ago, thinking the people wanted it. They quickly found the people of D.C. didn’t want fewer police, they wanted their police better trained, with better community oversight. They wanted to be sure the police were here to protect them, not to harass them. People should know the DSA at one point even withdrew its endorsement from Rep. Alexandra Ocasio-Cortez (D-N.Y.) as she wasn’t strident enough in her opposition to Israel and actually met with a Zionist organization. There are many Zionists like me — a gay, Jewish man — who support the existence of the State of Israel, yet want to see Netanyahu, a war criminal, a murderer, tried for his crimes and in jail, and his government replaced. Zionists who support Palestinians and want them to have their own free state.
As you decide who gets your vote, one way to find out about a candidate is looking at their website. I would suggest you reject any candidate who doesn’t have a strong issues section. The least you can expect of a candidate is to tell you in detail what they intend to do if you elect them. That includes our delegate to Congress, even if they won’t have a vote. If Democrats take back the House of Representatives, we can expect our delegate to once again get a vote in committee, and that can be very important.
In the next couple of weeks, I will make some endorsements and share them with you in the Blade, for anyone who might be interested. They will detail why I endorse a particular candidate. I will not suggest second, third, fourth, or fifth choices. That is for you to decide. No matter who you give your first vote to, even with ranked choice voting, you can still vote for only one person. If you decide to list more choices, make sure the views of your second, and other choices, coincide with those of your first choice.
So here is to an honest election season, one in which we end up with candidates winning who really care about our city, who have proven track records, and who will make us proud. Your job is to VOTE, and I hope everyone will.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
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