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
A dangerous precedent on trans rights in Texas
State compiling list of those who have updated gender on driver’s licenses
Recent reporting from Texas Standard revealed what should alarm every American who values privacy, civil rights, and constitutional restraint: the state of Texas is compiling a list of transgender residents who have attempted to update the gender marker on their driver’s licenses.
Under a policy quietly implemented after August 2024, the Texas Department of Public Safety stopped accepting court orders or amended birth certificates as valid documentation for gender marker changes. Instead, DPS employees were instructed to forward the names and identifying information of applicants seeking such updates to a dedicated internal email channel labeled “Sex Change Court Order.” Those records, which include sensitive personal information, are now being collected internally by the state.
Texas officials have not offered a clear explanation for why this information is being gathered, how long it will be retained, or what it will ultimately be used for. That lack of transparency is deeply troubling on its own. But in the broader context of Texas’s recent legislative trajectory on transgender rights, the implications are far more serious. This is not merely a bureaucratic shift. It is the creation of a targeted registry of transgender people.
The discriminatory nature of this practice is difficult to ignore. Governments are generally prohibited from singling out individuals based on protected characteristics for special monitoring or record-keeping. Since the Supreme Court’s decision in Bostock v. Clayton County, discrimination against transgender people has been understood as a form of sex discrimination under federal law. Compiling a list of people solely because they sought to align their identification documents with their gender identity runs directly counter to that principle.
Even states with restrictive policies around gender marker changes have historically focused on procedural barriers rather than surveillance. Texas has crossed a new threshold by moving from denial to documentation. The state is no longer just refusing recognition; it is actively cataloging those who seek it.
This practice also represents a profound violation of privacy. Driver’s license records contain some of the most sensitive personal data the government holds. Associating that data with a person’s transgender status without consent or statutory justification creates obvious risks, particularly in a political environment where transgender people are already subject to heightened hostility.
The chilling effect is unavoidable. Trans Texans will now have to weigh whether engaging with basic state services could land them on a government list. That fear will discourage people from updating identification, interacting with public agencies, or asserting their legal rights at all. When a government’s actions deter a specific population from participating in civic life, the harm extends well beyond administrative inconvenience.
What makes this development especially dangerous is how neatly it fits into a broader pattern. Texas lawmakers have spent years advancing legislation that narrows the legal definition of sex, restricts access to gender-affirming care, and limits the recognition of transgender people across public institutions. The creation of this list does not stand apart from those efforts; it complements them.
Once such a database exists, it becomes a tool. Data collected today for “administrative review” can be used tomorrow to justify new exclusions, enhanced scrutiny, or punitive enforcement. History shows that registries built around identity rarely remain benign. They become mechanisms of control.
Other states are watching. Texas has increasingly functioned as a testing ground for anti-trans policy, with lawmakers elsewhere ready to replicate measures that survive legal or political backlash. If compiling a list of transgender residents becomes normalized in Texas, it will not remain isolated. Red states searching for new ways to restrict trans lives will take notice.
The constitutional issues raised by this practice are significant. The Equal Protection Clause forbids states from treating similarly situated individuals differently without sufficient justification. Singling out transgender people for special tracking invites heightened scrutiny. There are also serious Fourth Amendment concerns when the government collects and retains sensitive personal information without a clear, lawful purpose.
At stake is not just the safety of transgender Texans, but the integrity of government itself. If states are permitted to quietly assemble lists of disfavored populations, the precedent does not stop with gender identity. It becomes easier to rationalize similar measures against other groups, under different political conditions.
This moment demands scrutiny and resistance. Texas must be compelled to explain why this data is being collected, how it will be protected, and whether it will be shared across agencies. Civil rights organizations and federal authorities should treat this practice as a serious warning sign, not a minor administrative quirk.
The United States has made meaningful progress toward recognizing the rights and dignity of transgender people, but that progress is fragile. It can be reversed not only through sweeping legislation, but through quiet bureaucratic maneuvers that evade public attention.
A list of transgender citizens is not a neutral administrative artifact. It is a signal. It tells a vulnerable population that their government is watching them differently, recording them differently, and preparing to treat them differently. That should concern everyone, regardless of where they live.
If we allow this to stand, Texas will not be the last state to do it.
Isaac Amend is a writer based in the D.C. area. He is a transgender man and was featured in National Geographic’s ‘Gender Revolution’ documentary. He serves on the board of the LGBT Democrats of Virginia. Contact him on Instagram at @isaacamend
One year gone, another just beginning. The best of all worlds would be no regrets about how you lived your life in 2025, and a positive outlook for 2026. I wish that for all of you, along with good health and happiness.
For me, 2025 was a good year. No new health issues as long as I don’t consider my recent root canal. Friends kidded if that was my worst, life is OK. But then they didn’t sit in the dentist chair for three hours. As you are aware, if reading this in the Blade, I write about politics. The felon in the White House ensures there is always something to write about. Unfortunately, it’s 99% bad. He recently said he will interfere in Europe, and support far-right parties. Not surprising for him, and his fascist leaning administration. Again, as you know, I usually refer to him as ‘The felon,’ my most polite name for him. He has a slew of scary incompetents around him, but truly frightening are the fascists like Russell Vought at OMB who wrote Project 2025, and his personal Goebbels, Stephen Miller. They are proposing policies that are destroying lives. While many don’t impact me, they create a certain amount of guilt in how I live my life. I am a white, privileged, cisgender, older, male and can escape the immediate repercussions of some of the worst things happening in the world today. Nearly all perpetrated, or supported, by the evil SOB in the White House. There, another name for him.
As long as my Social Security keeps coming, and Medicare still pays 80% of my doctor bills, I should be OK. In 2025, I continued to join friends every morning for coffee. In D.C. at Java House; in Rehoboth Beach, it’s The Coffee Mill, owned by my good friends Mel Damascena and Bob Cartwright.
My regular column allows me to vent and comment on the world. My second column is the Blade’s Comings & Goings column. It lets me share the successes of so many in the LGBTQ community. We have a truly amazing community, of which I am so proud to be a part. In 2025, I also began my second book, this one on politics, but don’t hold your breath for a publication date. I am also a theater reviewer for the Georgetown Dish. I get to see as many plays as I like, and share thoughts about them. Mind you, I call myself a reviewer, not a critic. I always try to find something nice to say about every production, even if I don’t recommend others see it. Maybe a good actor, great scenic designer, always something good even in a bad production.
I am fortunate to continue to travel. Now it’s on cruise ships. Great to unpack once, and know where the bathroom is. This past year I went on two cruises, and the Blade was kind enough to publish my blogs. One, a bucket list cruise, something I wanted to do for over 40 years, to the Norwegian Fjords, and the Arctic. Twelve days on Celebrity APEX out of Southampton. It was amazing, and met all my expectations. The second was my recent transatlantic cruise, something I do annually, with a large group of friends from around the country, and world. It was 13 nights from Rome to Ft. Lauderdale. I’ve already booked next October; 16 nights on Celebrity XCEL, Barcelona to Miami. I even have two cruises booked in 2027, one a transatlantic, the other a river cruise on the Douro, in Portugal. Feel free to join me if you like cruising, at least the kind done on the water.
All-in-all, 2025 was a good year. I look forward to the same in 2026. More travel, including a barge trip in June from Lyon to Paris, through the canals of Burgundy. I hope for good health, time with good friends, and more writing. In addition, I promise my friends, and community, I will continue to fight with, and for you, trying to make our lives better. I will demonstrate against the felon and his policies, work hard to elect Democrats, especially my friend Zach Wahls, running for United States Senate in Iowa. I will stand up, and speak out, for my trans friends, and friends who are immigrants, all threatened by the felon.
I ask you to join me and do everything we can to take back our country and look forward to maybe seeing many of you on a cruise, but definitely on the battle lines, here at home. Together, we can work in 2026 and beyond, to ensure everyone can live the life they want, and deserve; in what again must be the land of the free and home of the brave.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Opinions
Trump’s ‘American people derangement syndrome’
Voters must stop him before he destroys democracy
Trump, in a deranged, evil, post on X, accused Rob Reiner of suffering from “Trump derangement syndrome.” I guess that would apply to everyone who thinks Trump is an evil, dangerous, asshole who is trying to destroy our society as we know it. With that definition, I would surmise the felon himself suffers from “American people derangement syndrome,” because clearly, he thinks we are all evil, dumb, assholes, and a danger to him, and the fascists surrounding him.
His speech to the nation was called bellicose, by the New York Times. I would call it unhinged and vile. It was a plea to the populace, containing a pack of lies, to continue to believe his lies, and distortions. We all know the felon is full of shit when telling us prices have come down. We go shopping every week to feed ourselves and our families, even if he doesn’t. We have to pay heating and rent bills each month. We know since he became president nearly a year ago, all those costs have gone up. Talk to any honest person at a chamber of commerce in your area, and they will tell you small businesses are suffering. They will tell you the felon’s tariffs are hurting everyone. We know he is screwing the poor and middle class; trying to end SNAP benefits, and refusing to help with healthcare costs. All the while giving tax breaks to corporations, and the rich. People are not dumb Mr. Felon, and your lies are no longer resonating.
The evil, deranged, felon in the White House lives in a world where he can do favors for his friends in return for getting them to donate hundreds of millions for his follies. He is a grifter who hosts dinners for rich people to make money for his crypto business. He is said to have made more than $3 billon since his election. This while farmers are going broke, and losing their farms, because his tariffs screwed them. He is undermining vaccines and caused a measles epidemic in the United States. This a disease eradicated before he came into office. He ended grants to research cures for HIV/AIDS, Parkinson’s, Alzheimer’s, cancer, and an assortment of childhood diseases. He stopped research grants for mRNA vaccines. When we have the next pandemic, and it will come, that will result in millions of deaths, all on his head.
He is embarrassing the United States around the world. They watch him give unhinged speeches, raise and lower tariffs irrationally, screw our allies, and now trying to interfere in their elections. He is bombing fishing boats, claiming they are carrying drugs, with no proof at all. Then he releases from prison the man who brought more cocaine into the country than anyone else ever did. All this is what the lying, cheating, grifting, evil, heartless, felon in the White House, is doing to you, the good people of the United States, and the world. He sounds more unhinged every day while trying to blame everything on former President Biden and Democrats, who haven’t controlled the levers of government in nearly a year.
I know the results of the 2025 elections must scare him. They show him the majority no longer accept his BS. We will go into 2026, and the midterm elections, with our eyes wide open. He wants to be King and we don’t want kings in our country. He has what his chief of staff calls, “an alcoholic’s personality” “because he believes there’s nothing he can’t do.” She is right about that, but we will call him on it in the next election. We will say clearly, with our voices, and our votes, “no more, enough is enough.” We are taking back the country and will throw out anyone in office who still supports him.
We try and forgive those who voted for him, as long as they now recognize he lied to them, and is screwing them. Young people must understand they will suffer their whole lives because he is a climate denier. Latino and Hispanic voters, who believed he was going to support them, now see he wants to deport them. Farmers who once thought he supported them, until he screwed them. We must now all join together, and show the evil SOB in the White House, who is building his grand ballroom, taking planes, and other gifts, and pardoning the guilty; his time is coming to an end. Again, we will go into the voting booth, eyes wide open, and vote to stop him before he completely destroys our lives, our families, our democracy, and brings fascism to our country.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
