National
Barney Frank on trans rights, 2028, and the need to ‘reform the left’
Gay former congressman starts home hospice care while completing new book
Former U.S. Rep. Barney Frank (D-Mass.), who served in the House from 1981 until his retirement in 2013 and who became the first member of Congress to voluntarily come out as gay in 1987, has resurfaced in the news over the past two weeks after announcing he has entered home hospice care and plans to publish a new book on, among other things, how Democrats can and should regain control of Congress.
According to media reports and an interview Frank conducted this week with the Washington Blade, his book, entitled “The Hard Path to Unity: Why We Must Reform the Left to Rescue Democracy,” calls on the Democratic Party’s progressive left leaning members to be more strategic in pushing for laws and policies initially considered “politically unacceptable” to most U.S. voters and the American people.
Frank told the Blade he believes the LGBTQ rights movement has succeeded in advancing most of its agenda seeking protections against discrimination by initially pushing less controversial advances such as the end to the ban on gays in the military and non-discrimination in employment before taking on the more controversial issue of same-sex marriage.
While acknowledging that Congress has yet to pass a national law banning discrimination against LGBTQ people in employment, housing, and public accommodations as 22 states and D.C. have already done, he points to the two landmark U.S. Supreme Court decisions, one legalizing same-sex marriage nationwide in Obergefell v. Hodges in 2015, and the other declaring sexual orientation and gender identity are protected categories for which employment discrimination is prohibited under existing federal law in Bostock v. Clayton County in 2020.
Frank notes that while some in the LGBTQ community are fearful that LGBTQ rights are under attack and may be pulled back under the Trump administration, he believes Republicans in Congress at this time will not attempt to repeal any existing LGBTQ protections, especially those regarding marriage rights and employment protections secured by the Supreme Court rulings.
He says transgender rights are the remaining LGBTQ issue that have yet to be adopted rationally, and he fully supports ongoing efforts to advance trans rights. But like his criticism of the progressive left among Democrats, Frank says the efforts to advance trans rights could be jeopardized by the highly controversial issue of “male to female transgender people playing in women’s sports.”
He added, “That’s the most controversial, the most difficult. It affects the fewest number of people.” While he says trans rights supporters should continue to advocate for that, “they should not make it a litmus test and say well if you’re not for that you’re not a supporter of the rights of transgender people. There are places where people are supportive, and we want to encourage that.”

Frank, 86, told Politico he has entered home hospice care as he deals with ongoing congestive heart failure. He said he is remaining in his home in Ogunquit, Maine, where he has lived with his husband, Jim Ready, since retiring from Congress in 2013.
“I’ve been doing some writing. I wrote this book,” Frank told the Blade. “I’ve relaxed. Meanwhile, my health has been failing. Jim has been a saint in taking care of me,” he said. “And so, I take it easy.”
Frank spoke to the Washington Blade in a phone interview from his home on May 4.
Washington Blade: We’re hearing some interesting reports about the book you’ve been writing. Can you say when it will be published?
Barney Frank: Sept. 15 is the publication date.
Blade: Some of the reports about the book in the media have said you want the far left within the Democratic Party to be more cautious.

Frank: No, I’ll give you this. The job is to defeat populism to keep democracy. Clearly you have to know what caused it. I believe that the essential cause in the surge of populism was economic inequality and the failure of mainstream liberals to address inequality. And beginning in the ‘80s economic growth became less and less fair in its institutions. And that led to all this anger.
So, the mainstream left finally figured that out after [Bernie] Sanders and Trump in ’16. So, we then – because I was working to make that change – got the Democrats to pay attention to economic inequality. And Joe Biden’s program did. The problem is at that point, people on the left who had correctly been critical of the failure to address equality said, OK, that’s not the only problem you guys are missing. There are all these other problems.
And they jumped from being right on the question of inequality and equality to believing in a lot more social changes, some of which were just unacceptable to the public. And the mistake they make is they don’t distinguish – there are a lot of issues I’ve been for in my life, but I had to assert that they were not currently politically survivable.
So, you do two things. Those that are politically survivable work to get them done. Others, you become an advocate. But you don’t make the most controversial part of your agenda litmus tests and drive away your allies. You will remember that on marriage that was an issue and in 2000 they insisted you will be for marriage.
So, my thesis is that while the mainstream understood its mistake on inequality, the most militant and ideological of our left misunderstand public opinion and they are pushing the public to — and they are insisting on acceptance of things that are not politically acceptable.
Blade: Having said what you said, how do you see that impacting gay rights or LGBTQ rights?
Frank: Well in the first place, gay rights – one of the things I want to address – is this fear that gay rights are going to be taken away – rights for LGB people. Nonsense. We’re not going to lose any of those rights. If they tried to undo marriage, for instance, the political reaction they would get would be abortion type sentiment. They are just not going to do that because it causes them too many political problems.
The problem is advances we hope to make in the area of transgender people. But there is no chance of losing – I can’t think of a single right that is in jeopardy. They are not going to reintroduce the ban in the military. They’re not going to tell people their marriages are cancelled. Again, the Republicans are not even trying to do that because they know there would be a terrible backlash.
With regard to LGBT there is one analogy. And that is the most controversial issue we faced over the years on what was the gay-bisexual agenda was same-sex marriage. And we left that until the end. And you remember we did the military. We did ENDA. We moved on to everything else, and it wasn’t until the very end that we went into marriage. [NOTE: ENDA did not ultimately pass.]
I think the analogy to that is male to female transgender people playing in women’s sports. That’s the most controversial, the most difficult. It affects the fewest number of people. And I believe had we deferred on marriage — people who believe that’s important should advocate for it. But they should not make it a litmus test and say well if you’re not for that you’re not a supporter of the rights of transgender people. There are places where people are supportive, and we want to encourage that.
Blade: You said you don’t think we will lose any rights, most of the laws related to nondiscrimination are from the states or municipal laws that were passed.
Frank: Tell me what you think will be lost. You and I always have this problem. I’ve always felt you were cynical and skeptical. Tell me what right we now have that’s in jeopardy.
Blade: One would be if the Supreme Court reverses its decision on same-sex marriage.
Frank: If they do, Congress would now step in on that, which would be the passage of Tammy Baldwin’s bill.
Blade: But what I was going to ask you next is in all the years you’ve been in office and as of now a federal LGBTQ rights bill has not been passed by Congress yet. Is there a chance of that happening?
Frank: I do not think it will happen because the members of Congress do not want to be in the position of voting to cancel people’s marriages. There are valid marriages throughout the country. And the notion that Congress will pass a bill invalidating those, no they won’t. They won’t do anything that’s as disruptive and that will cause a strong reaction. Have you seen a federal bill to do that? I haven’t.
Blade: No, and I am sorry if I’m not putting the question across correctly. I’m talking about the bill that bans discrimination based on employment, public accommodations and other areas for LGBTQ people that Congress has not yet passed. You co-sponsored that for many years.
Frank: I know that, and the Supreme Court did that one. No, I don’t think that – oh, all right, that’s a different question than marriage. If the Supreme Court reverses itself on that – I don’t see any sign that they’re going to, then I think you would see the federal bill passed.
[He is referring to the 2020 U.S. Supreme Court decision that employment discrimination against gay, bi, and trans people was equivalent to sex discrimination, which is prohibited under Title VII of the Civil Rights Act of 1964.]
Blade: Are you talking about marriage?
Frank: For both for marriage and for non-[discrimination] – I don’t think a marriage bill would pass nationally. To distinguish, I don’t think a bill striking down marriages would pass. Too much violent reaction. As to employment discrimination, where they haven’t acted yet, if the Supreme Court changes that – I think that’s extremely unlikely – then I think Congress would step in.
Blade: Are you saying we may not need an LGBTQ non-discrimination act by Congress for the states that haven’t passed that?
Frank: I would be in favor of that, yes. But again, I think you and I – you have always been pessimistic. There is a political time now that works in our favor. And as I said, on abortion, they burned themselves very badly on abortion. And yes, I’m still for a national anti-discrimination bill. But I do not think the right wing wants to be caught taking rights away that already exist. Because that’s a lot harder than denying them in the first place. And I don’t see any movement for that. You tell me what you are worried about. What bills are you worried about?
Blade: I was simply saying they haven’t yet passed a federal non-discrimination bill.
Frank: No, what’s going to change on the Supreme Court? I don’t see a pretty quick reversal on the Supreme Court. So, I think people are just – they have to have a cause. And they are inflating the likelihood that we are going to lose some rights when I see no evidence of it. And in fact, I see a lot of political reasons why those in Congress don’t want to do that.
I’ll tell you there are a lot of Republicans who would vote for same-sex marriage. For example, the leadership would say for Christ’s sake, don’t bring that up. They don’t want to take a position on it. And they got burned on abortion, badly.
Blade: To the extent that you are observing this, do you think the LGBTQ rights organizations are doing what they should be doing?
Frank: Well, I think some are stressing the negative too much. Because when people believe nothing good ever happens, they may get discouraged. I think they should be concentrating on the transgender issue. And I know the most controversial parts are protecting people’s rights to medical care, their rights selecting their own gender. And that’s what I would be working on.
And yeah, it would be nice to pass the national bill. I don’t think that’s going to happen. Well, if the Democrats get the House, the Senate, and the presidency, maybe it will happen. But I don’t see the urgency of that because I don’t see any movement to reverse the Supreme Court’s decision.
Blade: What message would you have for the LGBTQ community?
Frank: My message is one, we’re in good shape. And two, that what remains in the transgender issue – who is first? Which are those of your issues that are the most politically acceptable. And you work your way through and as you win on some of those the resistance on the tougher ones will diminish. And the other issue is we are – the problem is the stand to protect the rights of transgender people. But the rights for lesbian, gay, and bisexual people, I do not think they are in jeopardy and I do not think a lot of resources should be spent on being what I think is a very small threat.
Blade: For those states and municipalities that do not have laws protecting LGBTQ people from discrimination, do you think attitudes are changing so there would be little or no discrimination?
Frank: Oh, no question. First of all, I think it’s very unlikely that any of the rights they have will be taken away. And secondly, if they had to take some positive steps to take away protections they would not do it. And I think that ship has sailed in our direction and isn’t going back. In the end, you cannot underestimate there’s a big political difference between denying people their rights in the first place and taking it away from them after they’ve enjoyed it.
Anything is theoretically possible, but I don’t see any evidence that’s likely to happen.
Blade: We’re coming up to the midterm elections this year, but is there anyone coming up in the next presidential election who you might be supporting?
Frank: Oh, I think at this point we’re going to have a fairly open Democratic process. And it’s very clear at this point the way American politics is going it will be a basically supportive Democrat against a basically opposed Republican. And I’ll be supporting the Democrat. And so, this Democrat would be the best one, the most electable. And which one, I haven’t decided that. I want to see how people will fare when they start running.
But I think it is inconceivable that the Democrats would nominate someone who is not fully supportive.
Blade: Some people might be asking what you have been doing since you retired from Congress.
Frank: I’ve been doing some writing. I wrote this book. I’ve relaxed. Meanwhile, my health has been failing. Jim [husband Jim Ready] has been a saint in taking care of me. And so, I take it easy. In terms of what I do, I have two rules, two pieces of advice for people who retire. One is that you should make up two lists. One is you should have a bucket list, a list of things you want to do before you’re through. But more important than the bucket list is a list that rhymes with bucket. That’s a very important list. And that’s one that I increasingly defer to.
Blade: And what is the one other than bucket?
Frank: It rhymes with bucket. What rhymes with bucket?
Blade: Oh, OK.
Frank: That’s the list I follow.
California
Gay Calif. lawmaker confronted during San Francisco Trans Pride over Gaza stance
State Sen. Scott Wiener running for Nancy Pelosi’s seat
A video posted on X by user Dimitry Yakoushkin of the incident went viral, showing gay California state Sen. Wiener (D-San Francisco) being chased out of Dolores Park, while the group screamed at him. Multiple people in the protest group were wearing black ski masks that concealed their identities.
Wiener is contending to take over Nancy Pelosi’s seat in Congress in the upcoming November general election.
The video started off with Yakoushkin, a local activist, highlighting how great Wiener’s LGBTQ policies and lawmaking work are. As Yakoushkin started to criticize Wiener about his housing policies, others started to gather around the politician.
Yakoushkin and the group quickly transitioned to yelling at him about his stance on the genocide in Gaza.
“You’ve been wonderful for trans people, and … you’ve been terrible on Gaza,” Yakoushkin is heard saying in the video. “You do not belong here (at Trans Pride) anymore, Scott.”
“I want to support someone who’s so positive on trans rights, but you’re a piece of sh*t on Gaza,” he says later in the video. “How could you do that?”
Other protestors shouted obscenities that were hard to distinguish from, but some that jumped out included cries of “f*ck you” and “You’re a piece of sh*t.”
When it was clear this would not be a one-and-done criticism, Wiener is seen on video pivoting to exit Dolores Park, with the group following behind until Wiener was out of the park.
The video garnered over 12 million views as of Monday.
Scott Wiener showed up to the trans march and for the first time we kicked his ass out. It's sad because while he's written some good legislation for queers, hes ultimately a genocidal-supporting center right shill. Trigger warning: broken man walking away defeated. Vote Connie! pic.twitter.com/TXIB7omxde
— Dimitry Yakoushkin (@decadimitry) June 27, 2026
In early January of this year, Wiener declined to call Israel’s actions in Gaza a genocide during a congressional debate forum, as many other politicians have.
A week later, on Jan. 11, Wiener reversed that decision.
“For years, I’ve condemned (Israeli Prime Minister Benjamin) Netanyahu and his extremist government and the devastation they’ve inflicted on Gaza,” Wiener posted on X. “It’s why I’ve been clear I won’t support U.S. funding for the destruction of Palestinian communities. I’ve stopped short of calling it genocide, but I can’t anymore.”
This was after two years of Israeli bombing that led to thousands of Palestinian deaths in the Gaza Strip, following the Oct. 7 attack by Hamas.
After Friday’s incident, Wiener posted a statement, calling it “physical intimidation and harassment” by “people who had previously targeted” him with “aggressive behavior in the past.”
“Last night I attended the Trans March, as I’ve done each year for the past 22 years since the first march in 2004,” the statement said. “I attend each year in solidarity with our trans siblings, who are facing existential threats from right-wing extremists, including the President.”
“I have no objection whatsoever to anyone disagreeing with me, opposing me, or protesting me.
“All of that is core to democracy,” the statement continued. “I also have no issue when people talk to me on the street and ask questions or express opposition. That’s democracy, even when the people engaging in this conduct misrepresent my views. But when opposition and disagreement transition to harassment, including cornering me, touching me, or trying to physically bully me out of a public event, that crosses a line.”
Wiener’s congressional opponent, Supervisor Connie Chan, appeared to march without any incident.
Many critics of Wiener took to social media to point out that Wiener posted this statement and used it as a fundraising opportunity, while not posting about the heavy police presence and arrests during San Francisco’s Pride weekend.
Independent journalist Jersey Noah made an Instagram post to Wiener saying, “What do you have to say about (San Francisco Police Department) assaulting and arresting trans people on the public streets of San Francisco for two consecutive nights? Because you haven’t said a… word.”
This is not the first time a politician has been ousted from San Francisco’s Trans Pride festivities, according to San Francisco-based outlet Mission Local.
Past politicians forced to leave over the last decade include Mayor Daniel Lurie, then-Mayor Ed Lee, City Attorney David Chiu, and then-state Sen Mark Leno, according to Mission Local.
Yakoushkin said the protest was spontaneous, saying, “It was not planned, I was walking home, and I saw him from a distance and I got my camera out to start filming,” according to Mission Local.
The California Senate Democratic Caucus and California LGBTQ+ Caucus made a joint statement of support for Wiener, denouncing the verbal harassment toward Wiener as “unacceptable.”
“Senator Wiener has spent the last 16 years in service to San Francisco,” their statement said. “In that time, he has been a fearless champion for the LGBTQ+ community even when it was not politically popular, leading on landmark legislation advancing the rights and protections for transgender, gender Expansive, and intersex people. He is a steadfast advocate for his communities.
“In California, we believe everyone deserves dignity and respect, regardless of political differences,” the statement continued.
U.S. Military/Pentagon
Court to weigh class action status in trans military ban challenge
Thousands of transgender servicemembers await pivotal decision
While many eyes are on the U.S. Supreme Court awaiting the verdicts in West Virginia v. B.P.J. and Little v. Hecox, another court case involving transgender rights is unfolding less than a mile away at the U.S. District Court for the District of Columbia — one that could have lasting implications for transgender military personnel.
In January 2025, President Donald Trump signed Executive Order 14183, titled “Prioritizing Military Excellence and Readiness,” directing the Pentagon to prohibit transgender, nonbinary, and gender-nonconforming people from serving in the military.
The Trump-Vance administration and Defense Department argued that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history or signs of gender dysphoria. According to the Pentagon this creates “medical, surgical, and mental health constraints on [an] individual.” Regardless of their physical or intellectual capabilities, transgender applicants are now considered less qualified than their cisgender peers.
Almost immediately after the executive order was signed, LGBTQ Legal Advocates & Defenders (GLAD Law) and the National Center for LGBTQ Rights filed a federal lawsuit in the U.S. District Court for the District of Columbia challenging the order. The plaintiffs argue the Trump administration acted with discriminatory animus and violated the Equal Protection guarantee of the Fifth Amendment.
The case — originally filed as Talbott v. Trump and now restyled as Talbott v. USA — includes six active-duty service members and two individuals seeking to enlist. Currently, there are 28 plaintiffs in total, including the two still attempting to enlist.
On June 1 the U.S. Court of Appeals for the D.C. Circuit blocked the military ban for active-duty trans service members. The three-judge panel ruled 2-1 that Trump’s executive order was illegal — created with the intent to exclude people from military service based on their gender identity.
The Washington Blade spoke with Michael Haley, a staff attorney at GLAD Law who is part of the legal team challenging the ban and seeking to protect the constitutional rights of transgender service members. Haley previously served as an assistant attorney general in the New Hampshire Department of Justice and as a law clerk for the U.S. District Court for the District of New Hampshire.
Asked why the D.C. Circuit’s ruling blocking the ban — issued on the first day of Pride month — was so significant, Haley said the decision is about protecting the constitutional rights of trans people that have been under attack since the beginning of the Trump-Vance administration.
“I think it’s hard to understate the importance of that order, because what is really significant is that the ban is based entirely on the administration’s dislike of transgender people, and not based on any real concerns about lethality and unit cohesion,” Haley said. “The circuit court went through in pretty good detail, identifying all the ways in which it’s clear that the administration is doing this to harm transgender people, and not for any kind of real military benefit. It’s a really striking and important decision that shows all of our plaintiffs have been serving with distinction, earning medals and commendations, and the fact that they are transgender does not factor into the equation.”
On Tuesday, the plaintiffs will ask the court to certify the lawsuit as a class action on behalf of all trans service members affected by the military ban. Asked what class certification would accomplish, Haley said it would allow future rulings in Talbott to apply not only to the named plaintiffs but to all trans service members covered by the case.
“The class certification, if the court approves it — and we’re hopeful that it will — will mean that any final judgment that comes out of this case will apply not just to our named plaintiffs, but to all transgender service members serving. Simply certifying a class does not necessarily change things on the ground for folks now, but it will ensure that our final judgment, or future judgments within this proceeding, apply to everybody and not just the named plaintiffs.”
Haley said the current legal landscape has created significant uncertainty for trans troops, leaving many unsure of their futures — both those serving stateside and those stationed overseas.
“Unfortunately, there’s just really not a lot of transparency around how the government is implementing the ban,” he said. “We are hearing from service members, including our own plaintiffs, who are receiving notices that they are going to be put before separation boards, but we have no insight into their timing, their decisions for who they notify, when and why, or how they are viewing the D.C. Circuit’s order. We’re going to have to wait for a little bit more of the court process to happen before we can speak with any certainty.”
Asked whether the case could eventually reach the Supreme Court — as Defense Secretary Pete Hegseth suggested in a post on X — Haley said the central constitutional question is whether the policy is rooted in discriminatory animus.
“It will be extremely hard for any court to deny that a policy that identifies a group of people and calls them dishonest, lacking integrity, and lacking a warrior spirit — in spite of all the evidence — is motivated by animus. That’s an argument under the Equal Protection Clause of the Constitution, which says everybody is entitled to equal protection of the laws and forbids singling out a group of people and treating them disfavorably just because you don’t like them rather than because of some legitimate purpose … I think that’s going to be the central question.”
Haley also explained how the current policy differs from the trans military ban Trump announced in 2017.
“The first thing goes back to that same question of animus. The D.C. Circuit recognized that this time around, the policy on its face calls transgender people dishonorable and lacking integrity and things like that. We did not have as clear evidence as we do this time around that this is not actually about military readiness — it is about trying to harm transgender people.”
Haley echoed that view, arguing the administration’s “updated” policy is aimed at excluding trans people rather than improving military readiness.
“The fact that they are trying to push out people who are serving simply because they’re transgender goes to show that this is about harming that group rather than making sure the military can function,” Haley said.
He said the current policy is significantly broader, affecting active-duty trans service members rather than primarily those seeking to enlist.
“The other major difference is how this ban is treating folks who are serving. The last time around, those who were already serving were allowed to continue serving and the ban only applied to people seeking to join the military. This time around, the ban is going further and trying to push out people who are serving with distinction and performing to standards, which is just more evidence that this is not about any actual military benefit.”
Haley also outlined the two categories of evidence GLAD Law has presented to the court to challenge the administration’s claims that trans service members undermine military readiness.
“One [type of] evidence about these individual service members — they have served on nuclear submarines, flown Navy planes, reached ranks requiring Senate confirmation, served as field medics, and continue to excel in extremely demanding roles,” he said. “The other category is testimony from high-ranking military personnel who oversaw the inclusion policy and saw transgender people serving without any of the concerns the government now claims.”
“These are people who have to meet the standards just like anybody else, and if they meet the standards, they should be able to continue to serve. We had four years under the previous administration implementing that policy without any of the issues the government now claims, and that’s pretty strong evidence that it was working.”
Asked about the human toll of the policy — and the thousands of trans service members who have been forced out of the military or are uncertain about their futures — Haley said those personal stories have become a driving force behind the legal challenge.
“I have really heard stories of lives torn apart. These are people who, in some cases since they were children, dreamed of serving, achieved extremely high levels within the military, built their lives around it, built their families around it, and have now been sitting in limbo for more than a year not really knowing what’s coming next.”
He said the disruption extends far beyond losing a job, affecting long-term careers, financial security, and retirement plans.
“For those who have left, they have left a life where they had known no other type of career. In many cases they had served for long periods and were planning on availing themselves of the military benefits they had earned through long-term service, and because they were pushed out too soon, they are now having to reorder both their short-term and long-term lives.”
Haley also described service members stranded overseas, unable to return home or continue serving while they wait for the legal process to play out.
“We know of people who are effectively stranded on bases overseas, unable to come home but also unable to serve, and are just waiting for this to move forward so they can see their families again, whatever the outcome. It’s been really devastating, especially for a group of people who raised their hand to serve and protect.”
Asked what trans service members should take away from the upcoming class certification hearing, Haley encouraged them to stay informed through organizations such as SPARTA Pride, a nonprofit organization representing trans service members, veterans, their families, and allies.
“Until we get an order from a court saying, ‘This is what’s next,’ it’s hard for us to guess, and we certainly don’t want to send folks in the wrong direction. Folks should follow organizations like GLAD Law, NCLR, and SPARTA because they’re providing day-to-day updates as these developments happen.”
Second Lt. Nicolas “Nic” Talbott, U.S. Army, one of the plaintiffs in the case, spoke with the Blade last year about what it has been like to be a capable and willing service member stripped of his career because of the policy.
“It’s very empowering to be able to stand up, not only for myself, but for the other transgender service members out there who have done nothing but serve with honor and dignity and bravery,” Talbott told the Blade. “There are no documented cases that I’m aware of of a transgender person having a negative impact on unit cohesion simply by being transgender … Being transgender is just another one of those walks of life.”
Talbott added that a more diverse military is ultimately a stronger military because it brings together people with different backgrounds and perspectives to solve complex problems.
“I think the more diverse our military is, the stronger our military is … We need people from all different experiences and all different perspectives, because somebody is going to see that challenge or that problem in a way that I would never even think of … and that is what we need more of in the U.S. military.”
SPARTA Executive Director Kara Corcoran, an Army infantry officer with 18 years of service who is currently being separated under the trans military ban, said the upcoming class certification hearing could determine whether relief extends beyond the named plaintiffs.
“When the D.C. Circuit Court recently ruled to affirm Talbott v. USA’s preliminary injunction, SPARTA Pride was relieved to see their powerful conclusion: that this policy was not based on any evidence, but in unconstitutional animus toward transgender people,” Corcoran said in a statement to the Blade. “However, the post-CASA climate meant what was originally a universal injunction now only benefited the small number of active duty plaintiffs. This limited scope left behind the thousands of other transgender service members whose rights were also violated. Certifying the case as a class action would ensure that an ultimately positive outcome in litigation would apply to all patriots impacted by the discriminatory policy — not just the few dozen who signed on to be plaintiffs last year.”
Corcoran said the hearing carries implications far beyond the trans military community, arguing that the case could shape how courts respond when constitutional protections are challenged.
“The entire transgender military community and their families are waiting with profound anticipation and hope for the court’s decision, knowing it could determine the future of their military careers, their livelihoods, and their families. But the gravity of tomorrow’s hearing reaches far beyond those directly affected. It will serve as a test of whether our government will uphold its constitutional duty when another branch openly discriminates against a marginalized group of Americans who answered the call to serve with self-sacrifice, honor, and integrity. This is not simply about transgender service members — it is about the precedent the judicial system sets for every American when equal treatment under the law is challenged.”
The Blade also reached out to the White House regarding this ongoing situation.
“President Trump and Secretary Hegseth are restoring a military that is focused on readiness and grounded in scientific reality—not gender ideology,” said Anna Kelly, Principal Deputy Press Secretary said in an email.
The U.S. District Court for the District of Columbia is scheduled to hold the class certification hearing on Tuesday at 2 p.m. ET.
U.S. Supreme Court
11 years after Obergefell, marriage equality remains under scrutiny
Landmark ruling issued on June 26, 2015
Friday marks 11 years since the U.S. Supreme Court ruled the Constitution protects same-sex marriage in Obergefell v. Hodges. Despite that major win for LGBTQ people nationwide, the case may be on shakier ground than originally thought.
Obergefell v. Hodges, the case that determined the Constitution extends its protection of rights to same-sex couples and that states must recognize marriage licenses for same-sex couples from other states, was decided using a combination of cases from several states.
The central arguments in the case rested on the 14th Amendment’s Equal Protection Clause, Due Process Clause, as well as collateral spousal and parental rights.
Cases in play
The first case came from Michigan with DeBoer v. Snyder, where a lesbian couple, who were not legally allowed to marry in the Mitten State, attempted to adopt their third child but could not both obtain legal parental rights. April DeBoer and Jayne Rowse initially received a favorable ruling in district court, with the judge finding that the Michigan Marriage Amendment — which barred same-sex marriage in the Midwestern state — violated the Equal Protection Clause. The same day, the case was appealed to the 6th U.S. Circuit Court of Appeals, eventually making its way, along with the other five cases, to the highest court in the land.
Ohio had multiple cases that ultimately contributed to the judicial acknowledgment of same-sex marriage rights in the U.S.
The Supreme Court case most commonly associated with the fight for same-sex marriage — Obergefell — originated in Ohio. Beginning as Obergefell v. Kasich in the state, James Obergefell knew his longtime boyfriend, John Arthur, was suffering from ALS. Knowing Arthur’s life would end shortly — and understanding the couple could not legally marry in Ohio — they boarded a medically equipped plane, accompanied by a nurse and Arthur’s aunt, Paulette, and flew to BWI Airport in Maryland. There, they were legally married. Over the next several months, Arthur’s health continued to decline until he eventually passed away in October.
The legal battle began after Arthur died, as Ohio law refused to acknowledge that Obergefell was his husband and would not list him as Arthur’s surviving spouse on his death certificate. Obergefell challenged the decision, arguing it was unconstitutional and pursuing legal action. The local Ohio registrar agreed that refusing to recognize their out-of-state marriage license — which Ohio had recognized for different-sex couples in the past — discriminated against the couple. Despite that, the state attorney general continued to defend Ohio’s same-sex marriage ban.
The judge ultimately ruled that “a marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized,” marking another step toward marriage equality. Ohio appealed the ruling, and the case ultimately contributed to the establishment of same-sex marriage protections under the federal Constitution.
The second Ohio case, Henry v. Wymyslo, much like DeBoer v. Snyder, involved parental rights for adopted children. The case included four couples — three lesbian couples who lived in Ohio and adopted children while residing there, and one gay couple from New York with an adopted son born in Ohio. The four couples filed a lawsuit against Ohio, seeking to require the state to list both parents on their children’s birth certificates.
Eventually, the judge — the same one who presided over Obergefell v. Kasich — ruled that the state must list both parents on their children’s birth certificates. Like many cases that make their way to the Supreme Court, it went through multiple appeals before ultimately reaching the nation’s highest court.
Kentucky also had two cases that contributed to the legal battle for same-sex marriage.
The first, Bourke v. Beshear, revolved around Gregory Bourke and Michael DeLeon, a same-sex couple married in Canada in 2004, and Randell Johnson and Paul Campion, who were married in California in 2008. Like DeBoer v. Snyder and Henry v. Wymyslo in their respective states, the plaintiffs challenged Kentucky’s ban on same-sex marriage and its refusal to recognize same-sex marriages performed in other jurisdictions so that both parents could be acknowledged on their children’s birth certificates.
The judge ultimately ruled, much like in Obergefell v. Kasich, that states constitutionally must recognize legally performed out-of-state marriages.
Love v. Beshear is the second case from the Bluegrass State.
Maurice Blanchard and Dominique James were denied a marriage license by Kentucky county clerks. The couple’s legal team filed to join Bourke v. Beshear, another case actively challenging the state’s ban on same-sex marriage, and the motion was approved, with the case restyled as Love v. Beshear. The judge ultimately ruled that Kentucky’s bans on same-sex marriage explicitly “violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and they are void and unenforceable.”
The final case, Tanco v. Haslam, involved four same-sex couples who filed suit in Tennessee. Each couple had married outside Tennessee before moving to the state, with nearly all relocating for employment. One worked for the military, whose marriage was already recognized by the Department of Defense; one worked for the state; and two were professors. Seeking to have their out-of-state marriages recognized in Tennessee, the four couples filed Tanco v. Haslam in U.S. District Court for the Middle District of Tennessee. The court eventually granted a preliminary injunction requiring the state to recognize the marriages of the three plaintiff couples but denied the request to overturn Tennessee’s same-sex marriage ban.
To SCOTUS
All of these cases contributed to the legal challenge against same-sex marriage bans across the country and ultimately led to a 5-4 ruling that allowed same-sex couples to have their marriages recognized in all 50 states, Guam, Puerto Rico, and D.C.
The justices voted as follows: Anthony Kennedy, who authored the majority opinion, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan supported Obergefell while Chief Justice John Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito all dissented.
The court held that the 14th Amendment — specifically its Due Process Clause — guarantees the right to marry as one of the fundamental liberties it protects, regardless of the gender of those getting married.
The court also ruled that another provision of the 14th Amendment — the Equal Protection Clause — extends the right to marry enjoyed by different-sex couples to same-sex couples, finding that denying same-sex couples that right violates their right to equal protection under the law.
Some of the Supreme Court justices who dissented argued that this was a state issue, not a federal one, because the Constitution makes no mention of same-sex couples. They said it was beyond the purview of the court to decide whether states must recognize or license such unions. The dissenters argued that the majority was engaging in judicial policymaking, which they contended is not permitted under U.S. law.
Another argument made by the dissenting conservative justices was that the majority opinion infringed on religious freedom by engaging in this “judicial policymaking” rather than allowing state legislatures to determine the laws governing marriage.
Since the ruling
According to data from the Williams Institute, 823,000 same-sex couples are now legally married — more than twice the number in 2015 — as a result of the Supreme Court’s decision.
The ruling also increased the number of same-sex families raising children, largely because it removed legal barriers and paperwork restrictions that had prevented same-sex couples from being listed as parents. The data shows there are nearly 299,000 children under the age of 18 being raised by married same-sex couples as a result of Obergefell.
The states that saw the largest increases — and the most favorable changes to marriage rates — were in the South. The percentage of cohabiting same-sex couples who were married between 2014 and 2023 increased from 38 percent to 59 percent.
Many of the married same-sex couples surveyed said marriage improved their sense of safety and security (83 percent), life satisfaction (75 percent), and relationship stability (67 percent).
“Marriage equality has significantly benefited the lives and well-being of same-sex couples, their families, and the communities where they live,” said Christy Mallory, interim executive director and legal director at the Williams Institute.
Future of Obergefell
While same-sex marriage remains the law of the land, there have been multiple attempts by conservative and religious figures in America to reverse it.
In 2025, Kim Davis, the clerk of Rowan County, Ky., who made headlines 10 years earlier after refusing to issue marriage licenses following the striking down of same-sex marriage bans, approached the Supreme Court with the goal of getting Obergefell overturned.
She argued that the ruling put her religious beliefs at odds with her job and asked the court to strike it down. The consensus was nearly unanimous, holding that when a person serves as an agent of the state, they cannot place their personal religious beliefs above state policy because they are acting on behalf of the government.
Thomas, one of the Supreme Court’s most conservative justices, has also attempted to plant the seeds for overturning Obergefell.
In Dobbs v. Jackson Women’s Health Organization, which ultimately restricted abortion access in the country, he wrote a concurring opinion suggesting that Obergefell, along with several other precedents, should be “reconsider[ed].”
Later, without directly addressing Obergefell, Thomas told an audience at Catholic University’s Columbus School of Law that he didn’t “think that … any of these cases that have been decided are the gospel.”
While President Donald Trump has not implemented any executive restrictions on same-sex marriage during his presidency, his administration has made it clear that it opposes continued efforts to expand protections for same-sex couples, particularly when doing so conflicts with claims of “religious freedom.” The administration has attempted to remove sexual orientation and gender identity from federal health care and housing nondiscrimination protections and has significantly restricted the rights of transgender Americans.
Currently, same-sex marriage remains federally protected by the Respect for Marriage Act, and the Supreme Court has thus far declined to overturn Obergefell.
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