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2011 to bring new marriage fights across U.S.

R.I., Md. best bets for progress, while N.C., Ind. face bans

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Rhode Island Gov. Lincoln Chafee, shown here at a meeting with LGBT supporters, backs same-sex marriage rights. (Photo courtesy of Chafeeโ€™s office)

With โ€œDonโ€™t Ask, Donโ€™t Tellโ€ repealed, the issue of marriage returns to center stage in 2011 as many states are poised to enact same-sex marriage or civil unions legislation โ€” or pursue measures that would repeal or block such rights for gay couples.

With new governors or changes to their state legislatures, Rhode Island, Maryland and New York could advance same-sex marriage legislation as soon as this year.

But changes in the political dynamic after the 2010 elections also mean that marriage rights could be repealed in New Hampshire and amendments banning same-sex marriage could go forward in North Carolina, Indiana and Pennsylvania.

Meanwhile, legislation to enact civil unions could advance in Hawaii and Delaware.

Rhode Island is among the states that could see early action in passing a same-sex marriage bill.

Newly seated Gov. Lincoln Chafee (I), who supports same-sex marriage, has replaced Gov. Donald Carcieri (R), who opposed gay nuptials.

In his inauguration address, Chafee encouraged the Rhode Island General Assembly “quickly consider and adopt” a same-sex marriage bill to send to his desk.

“When marriage equality is the law in Rhode Island, we honor our forefathers who risked their lives and fortune in the pursuit of human equality,” he said.

Same-sex marriage bills were introduced in both chambers of the Rhode Island General Assembly last week. House Speaker Gordon Fox, who’s gay, supports the passage of a marriage bill through his chamber.

Kathy Kushnir, executive director of Marriage Equality Rhode Island, said she thinks the marriage bill will come before the House Judiciary Committee before the end of January.

“So we’ll be holding hearings, and then, we’ll be looking at, of course, the committee vote and the floor vote as soon as possible,” she said.

Karen Loewy, senior staff attorney for Gay & Lesbian Advocates & Defenders, said the prospects for passing a marriage bill in Rhode Island are “really fantastic” and called Chafee an “active supporter” of the legislation.

“It was part of his inaugural address,” she said. “He’s really committed to getting a marriage bill passed.”

The Senate isn’t expected to take action on the marriage bill until the House finishes action on the measure. The legislative session ends in June, so the marriage bill would have to reach the governor’s desk by that time.

Kushnir said the biggest challenge in passing a marriage bill in Rhode Island is ensuring that lawmakers address the legislation as they take on other issues facing the state.

“There are really important issues also โ€” the economy, jobs and the budget โ€” that are before the legislature,” Kushnir said. “But you know what? Everyone knows that passing marriage equality and treating everybody equal here in Rhode Island does very well for all of those issues.”

Loewy said passage in the Senate remains “a stronger challenge,” but support should exist in the chamber to pass a marriage bill.

“Even there, I think, you’ve got folks who are ready to understand how important this is for same-sex couples in Rhode Island,” she said.

LGBT rights supporters are also optimistic about the chances of a same-sex marriage bill passing in Maryland, where the configuration of the Senate for the first time provides a path for passage.

Last month, a majority of members who support same-sex marriage were named to Senate Judicial Proceedings Committee, ensuring for the first time that a same-sex marriage measure would clear the panel and reach the Senate floor for a vote. Up until now, the committee has blocked the marriage bill, even though the chamber was in Democratic control.

Sen. Richard Madaleno of Montgomery Country, who’s gay, last week expressed confidence about passage of the marriage bill.

“I have never been so optimistic about getting this done,” he said. “Today at lunch I sat quietly by myself with a list of the members of the new Senate going over again and again in my head where the votes are, and I’m feeling really good right now both for the floor vote and the cloture vote.”

The bill is being introduced by Majority Leader Kumar Barve (D-Dist. 17) and Del. Keiffer Mitchell (D-Dist. 44).ย The Senate version will be advanced by Majority Leader Rob Garagiola (D-Dist. 15) and Madaleno.

Supporters in the Senate believe they have the 24 votes needed to pass the marriage bill on an up or down vote but are less certain about whether they have the 29 votes needed to invoke cloture and stop an expected filibuster by same-sex marriage opponents.

Another obstacle could be a referendum on the marriage law. Nearly all observers of the General Assembly expect opponents to initiate petitions to call for a referendum, which would stop the bills from taking effect until after voters decide on the issue.

In New York, supporters of same-sex marriage are looking to the state legislature to approve a bill extending marriage rights to gay couples that would be sent to newly seated Gov. Andrew Cuomo’s (D) desk for his signature.

As in previous years, a marriage bill is expected to be able pass again in the State Assembly, where Democrats have retained control of the chamber, but the situation is different in the Senate, where Republicans have regained control after the election.

Still, Republican Leader Dean Skelos suggested prior to the election that if Republicans regain power in the Senate, he would allow a vote on same-sex marriage to come, even though โ€” like all GOP senators โ€” he previously voted against the marriage bill.

“Let me just say, when we win back the majority, there is legislation that I believe all of you interested in, that I believe should be voted on again,” Skelos said in October. “We’re not going to stifle discussion. We are not going to stifle votes. And it is truly my belief that people should be allowed to vote their consciences.”

Even if the legislation comes up for a vote in the Senate, the prospects for passage are uncertain. When the bill previously came up for a vote late in 2009, the measure failed 24-38.

Two lawmakers who support same-sex marriage were elected to the Senate since the last vote on the legislation, but that change is far from the 32 votes needed to pass a bill in the Senate.

Ross Levi, executive director of the Empire State Pride Agenda, said the “political dynamic remains very promising” for passing a same-sex marriage bill as well as a transgender civil rights bill in New York.

“The phrase that I’ve been using is that there’s a clear and credible path to victory in the not distant future,” Levi said.

Asked whether passage would be likely in the next two years given the makeup of the legislature, Levi replied, “For me, it’s not talking about timeline, it’s about the work we have to do to make sure that we can have a successful vote as soon as we can.”

Dan Pinello, a gay government professor at the City University of New York, said he’s not optimistic about passage of a marriage bill in the legislature over the course of the next two years.

“[Skelos] has said a few things suggesting that [he would bring the bill to a vote], but that’s not a guarantee,” Pinello said. “So, yeah, he could bring it up for a vote, but that’s no guarantee it’s going to pass. I just don’t see it happening, sadly.”

Pinello said the next opportunity to advance same-sex marriage could be in 2013 as a result of the redistricting this year. He said political power should shift from upstate to downstate, which would give Democrats a majority in the Senate.

“Upstate tends to be Republican and downstate tends to be Democratic, so it’s likely even though Republicans will be redrawing the Senate district lines, there’s no way they can still maintain a majority, given the demographic shifts the Census will reveal,” Pinello said.

Repealing marriage in N.H.?

While several states are poised to advance marriage rights, other places could see a rollback of relationship recognition for same-sex couples.

The most prominent of those states is New Hampshire, where opponents of same-sex marriage may have the political power to repeal the marriage law enacted in 2009.

Gov. John Lynch (D), who signed the marriage bill into law, is expected to veto the bill should it come to his desk. But after the election, Republicans now have a super majority in both chambers of the legislature and could override his veto.

Four bills have already been introduced in the legislature to repeal the marriage law.

State Rep. Leo Pepino (R), who introduced one of the bills, said he thinks there is support to repeal the marriage law, according to the Nashau Telegraph.

“I think we have the votes [to repeal],” Pepino said. “We have a lot of really good conservatives and a good conservative doesn’t believe in gay marriage. … It’s a matter of ethics.”

GLAD’s Loewy said the chances of repealing the marriage law in New Hampshire are “hard to quantify,” adding she doesn’t know whether the votes are present to take such action.

“The LGBT community in New Hampshire is very much gearing up for a fight to protect marriage the best way we know how: by talking to legislators about how taking away marriage is going to hurt their families and their kids,” Loewy said.

Loewy added she’s hoping that New Hampshire wonโ€™t go down the path of repealing the law and would instead pursue “issues like jobs and the economy that everybody knows is the priority.”

“I think, like I said, the community has a lot of work to do, but, I think, it’s absolutely fair to expect and hope that that’s not the path that New Hampshire’s going to go down,” she said.

Mo Baxley, executive director of the New Hampshire Freedom to Marry Coalition, said the Granite State has never taken away the rights of its citizen, but that is what some anti-gay lawmakers are proposing to do.

“The married gay and lesbian couples here have in no way impacted anybody elseโ€™s marriage,” she said. “Letโ€™s move on. Marriage has been debated to death here and the priority right now is the economy and the budget.”

Other states are prepared to advance constitutional amendments that would ban same-sex marriage.

One such state is North Carolina, where Republicans swept into power in both the House and Senate following the November elections.

Ian Palmquist, executive director of Equality North Carolina, said his organization is “fully expecting” that a constitutional amendment banning both same-sex marriage and marriage-like unions will advance this year.

“I think there’s a chance of blocking it, but it’s a very tight vote at the moment,” he said.

Palmquist said he’s getting mixed signals on when the vote would come up and said it could be anytime between February and July.

In North Carolina, passing a constitutional amendment requires a third-fifths vote of approval from both chambers of the state legislature followed by a majority of voters at the ballot box.

Palmquist said the measure could be on the ballot in 2011, but he expects it would come to voters in 2012. Such a move would enable conservatives to turn out their base during a presidential election year.

“It would definitely be a challenge to defeat it at the ballot,” Palmquist said. “There is majority support in North Carolina for some form of relationship recognition. We certainly would use that to try to stop this kind of amendment from moving forward.”

Another state where LGBT rights supporters are anticipating a constitutional ban on same-sex marriage and marriage-like unions is Indiana.

In previous years, advocates had been able to block the amendment in the House because Democrats held a narrow majority in the chamber, but the situation has changed now that Republicans took control of the House and expanded their control of the Senate following the November elections.

Don Sherfick, legislative chair for Indiana Equality, said the prospects for a constitutional ban on same-sex marriage passing this year are good in Indiana.

“I guess I would be less than honest if I were to say that things were looking rosy for continuing to unequivocally being able to fight such a thing coming through,” he said.

Anticipating hearings in either the House or Senate or both chambers within six weeks, Sherfick said Indiana Equality is mounting a public relations and lobbying campaign to try to block the amendment.

“People will at least know what they’re doing and we’ll set our sights on fighting it in the next legislature,” he said.

Bil Browning, an Indiana native and editor of the Bilerico Project, said he’s 99.9 percent certain that the Indiana Legislature would pass a constitutional amendment to ban same-sex marriage.

“The two things they wanted to do most and first and foremost was a bill that would require a woman to have a sonogram three days before any planned abortion โ€” in the hopes that she’ll see it and not want to have the abortion โ€” and a constitutional amendment prohibiting same-sex marriage,” Browning said.

For a constitutional amendment to pass in Indiana, it must pass the state legislature twice โ€” a first time and then again after an election โ€” before the measure comes before voters. If the legislature passed an amendment this year, the soonest it could get to voters is 2014.

Browning said gay rights supporters can hope for a change in the makeup of the legislature after the next election as a way to block the amendment from final passage.

“Two years from now, if we can retake the Indiana House it’s probably dead, but for at least passing this session, I’d say [the chances] are 99.9 percent,” he said.

Browning said one factor working in advocatesโ€™ favor in Indiana is that all the Fortune 500 companies headquartered in the state previously testified before the legislature against the amendment.

Additionally, Gov. Mitch Daniels (R), who has called for a “truce” on social issues, is widely considered to be thinking about a run for president and may want to steer clear of marriage prior to 2012. Still, the amendment wouldn’t require his signature for passage.

A similar situation can be found in Pennsylvania, where Republicans took control of the House and retained control of the Senate.

Malcolm Lazin, executive director of the Philadelphia-based Equality Forum, said passage of a constitutional ban on same-sex marriage is “of concern” because of new Republican control of the House.

“We were able to successfully block it in the past because the House was controlled by the Democrats,” Lazin said. “That dynamic has now changed. In addition, there is now a Republican governor of Pennsylvania.”

As in Indiana, for a constitutional amendment to pass in Pennsylvania, the measure has to be approved by a majority vote in both chambers of the legislature โ€” once and then again after an election โ€” before going to voters as a ballot measure.

Ted Martin, executive director of Equality Pennsylvania, predicted that the amendment would be introduced in both the House and Senate, but was skeptical of lawmakers’ ability to push it through the legislature.

Martin said the likelihood of the measure passing in the House committee is high, but its passage on the House floor is less certain. For the Senate, which has been controlled by Republicans for more than two decades, Martin said he doubts the measure would make it through committee.

“The Senate, in the past, has always taken a less active tone about it,” Martin said. “They’ve become much more libertarian in their view. Just to remember, we were able to block this in committee three times before.”

Hawaii, Del. to take up civil unions

As many states take on the marriage issue โ€” either to advance gay nuptials or ban them โ€” two other states are prepared to enact civil unions early in 2011.

In Hawaii, LGBT advocates are ready to advance a civil unions bill that newly seated Gov. Neil Abercrombie (D) has pledged to sign.

Last summer, a civil unions bill in the Aloha State was vetoed by former Republican Gov. Linda Lingle, but with her gone, gay rights supporters see a clear path toward passing the legislation.

Alan Spector, co-chair of Equality Hawaii, said he expects that the civil unions bill will easily pass the legislature to reach Abercrombie’s desk soon after the session starts on Jan. 19.

“With the November 2010 election behind us, and a new governor and new leadership, we’re pretty confident that we will pass the bill early in 2011,” Spector said.

Spector estimated that the legislation would be introduced in the third week of January and ideally would make it to the governor’s desk by March.

“The process can go as quickly as a month or it can take the whole session โ€” or it can on into 2012,” Spector said. “It all depends on what happens, but we’re pretty optimistic that it’s going to go quickly this year.”

Advocates are pursuing civil unions in Hawaii instead of marriage because in 1998, voters approved a constitutional amendment granting the legislature the power to ban same-sex marriage, which lawmakers then pursued.

Similarly, LGBT advocates in Delaware are ready to advance legislation this year that would enact civil unions in the First State.

Peter Schott, political vice president of Delaware Stonewall Democrats, said the “atmosphere is probably better than it’s been in a few years” for passing civil unions in the state.

“We have formed a coalition, which a number of elected officials are on โ€” civic leaders,” Schott said.

LGBT rights supporters know they have the votes in the House, Schott said, but questions about passage in the Senate remain because leadership could refer the legislation to an unfavorable committee.

Schott said supporters of civil unions in Delaware want to pass the legislation this year so it doesn’t come up during the 2012 election season.

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North Carolina

Authorities investigate officer-involved shooting outside Asheville gay bar

Incident took place near Shakey’s on Wednesday

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(Photo by chalabala/Bigstock)

An officer-involved shooting outside of a gay dive bar, Shakeyโ€™s, in downtown Asheville, N.C., left one man dead Wednesday.

The bar released a statement the following morning regarding the incident, stating that bar staff had asked a patron to leave earlier in the night citing concerning behavior. The bar said that later the man was spotted with a gun in the parking lot.

The bar proceeded to call 911, locked the doors to the establishment, and followed dispatcher instructions on how to keep patrons of the bar safe while officers arrived. These protocols included getting patrons away from the windows and staying low to the ground.

According to Shakeyโ€™s, shots were fired outside of the business. When the Asheville Police Department officers arrived, they fired back. The individual died from their injuries, according to the police.

โ€œBecause of everyone’s quick actions, cooperation, and concern for one another, every customer and every employee inside Shakey’s made it home safely. We are incredibly thankful,โ€ Shakeyโ€™s said on their Instagram page. They thanked Asheville police, emergency dispatchers, EMS, and all first responders who were on scene.

On Thursday, a spokesperson for the North Carolina State Bureau of Investigation, Chad Flowers, stated that the suspect involved in the shooting was Arturo Castillo Palomar.

The Washington Blade reached out to the North Carolina State Bureau of Investigation for a comment regarding the possibility of the event being considered a hate crime. They said the issue is currently under investigation and that the findings would be turned over to the district attorney for review.

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Pentagon

Hegseth announces testosterone initiative as trans troop ban continues

SPARTA Pride criticized Pentagon policy

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Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

The U.S. military will begin testing and treating service members with hormone therapy despite banning similar medical care for transgender service members.

Defense Secretary Pete Hegseth said Wednesday that troops ages 30 and older will be subject to annual testosterone screenings, while younger service members will have the option to voluntarily opt in. Some troops may then be recommended for hormone therapy, he explained in a video posted to social media.

“Under the supervision of our world-class medical professionals, warfighters age 30 and older are going to be tested annually as part of their periodic health assessment,” Hegseth said in a video posted to X, captioned “The High-T Department of War.”

This push to test testosterone levels, as the hormone is commonly referred to as “T,” runs counter to current medical guidelines. Physicians are generally advised to discuss testosterone therapy only with men who have symptoms consistent with low testosterone and documented low hormone levels on two separate blood tests.

Testosterone is a vital sex hormone that all humans naturally produce. It helps regulate muscle mass, bone density, and sex drive. In men, it is primarily produced in the testicles, while in women it is produced in the ovaries and adrenal glands.

Natural testosterone levels in men decline with age and have long been associated with issues such as erectile dysfunction, low libido, mood changes, and weight gain. However, experts continue to debate whether these conditions should routinely be treated with testosterone therapy.

Hegseth’s announcement aligns with other actions taken by the Trump-Vance administration โ€” including efforts by Health Secretary Robert F. Kennedy Jr. โ€” to make testosterone therapy more accessible for men, particularly those assigned male at birth.

Last month, the Food and Drug Administration proposed easing prescribing restrictions on testosterone gels, pills, patches, and injections following a December advisory panel that recommended reducing regulatory hurdles to expand access to testosterone therapy.

Currently, FDA labeling specifies that these medications are approved only for men with hypogonadism, a medical condition that causes abnormally low testosterone levels.

The announcement came as a shock to many LGBTQ advocates because Hegseth and the Defense Department have cited the use of hormone therapy by trans service members as justification for their dismissal under President Donald Trump’s 2025 executive order, “Prioritizing Military Excellence and Readiness.

The Pentagon continues to pursue implementation of the trans military ban as litigation proceeds. As a result, many trans service members have had their gender-affirming medical care halted, even as similar hormone therapy is now being expanded for cisgender service members. Under the executive order, the military currently disqualifies individuals diagnosed with gender dysphoria and has begun formal administrative separation proceedings for trans personnel.

SPARTA Pride, a nonpartisan nonprofit organization made up of trans service members, veterans, and their allies, issued a statement to the Washington Blade following Hegseth’s announcement.

“If hormone therapy helps warfighters perform at their best, then it cannot simultaneously be used as evidence that transgender service members are unfit to serve,” said Kara Corcoran, executive director of SPARTA Pride. “The same class of evidence-based medical treatment cannot be characterized as readiness-enhancing for one group and readiness-destroying for another.”

The legal fight over trans military service remains ongoing.

On June 1, the U.S. Court of Appeals for the D.C. Circuit ruled that trans service members already serving in the military could continue to do so, while allowing the armed services to continue refusing to enlist new trans recruits.

The Blade reached out to the Pentagon to ask why cisgender service members could receive hormone therapy while trans service members could not, but did not receive a response by the time of publication.

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National

Democrats are trying to disqualify trans candidates. Hereโ€™s how

Jordan Korgood suspended Mass. Governorโ€™s Council candidacy after opponent questioned residency

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Jordan Korgood outside the Massachusetts State House in Boston on July 8, 2026. (Photo by CJ Gunther for Uncloseted Media.)

Uncloseted Media published this article on July 14.

By HOPE PISONI | Jordan Korgood has come a long way. In 2023, she ran into financial difficulties while studying at Northeastern University in Boston and ended up unhoused. Ordinary shelters areย hotbeds of discrimination and mistreatmentย for transgender women like her, and the onlyย trans shelterย was full. So for five months, she slept in her car, in public libraries and anywhere she could find in order to continue her studies and campus activism.

Korgood, now 24, started a bid in March for a seat on Massachusetts Governorโ€™s Council, a state board tasked with approving judicial candidates. Despite running against an incumbent who has been in office for 41 years, she secured key endorsements from local Democrats and racked up more than 7,000 Instagram followers, the equivalent of nearly one-tenth of primary voters during the last election cycle.

But last month, her momentum was ripped away. It started when Ronald Iacobucci, one of her opponents, noticed that she was still registered to vote in the 2024 election with an old New York address. He proceeded to file an objection with the state, alleging that Korgood didnโ€™t meet the five-year residency requirement. While Korgood has lived in Massachusetts since 2019, she didnโ€™t have a valid address to register in the state while she was unhoused. So she used her motherโ€™s address, where she had lived before moving.

In an email to Uncloseted Media, Iacobucci wrote: โ€œBecause serious questions have arisen concerning compliance with those requirements, an objection was appropriate so the matter can be reviewed through the lawful process established by the commonwealth. This objection was nothing personal, it was always about the integrity of the process.โ€

While most residency challenges like thisย failย in Massachusetts, the State Ballot Law Commission disqualified Korgood on June 18. While she initially attempted to appeal the decision, the financial and logistical burden became too much โ€” she estimates it drained about 40 percent of her campaign funds. So on July 10, Korgoodย suspended her campaign.

โ€œI am incredibly frustrated that this is what I have to do at this point,โ€ Korgood told Uncloseted Media. โ€œIโ€™ve spent thousands of hours, Iโ€™ve sacrificed my own mental health, my social life, friendships, my professional aspirations and advancement to work on this campaign, and this is how theyโ€™re ruling.โ€

โ€œThese are cherry-picking remote issues to target specific individuals,โ€ Eliot Tracz, assistant professor of law at New England Law Boston, told Uncloseted Media. โ€œTheyโ€™re legitimate laws, but what theyโ€™re looking for is a selective application.โ€

Korgood isnโ€™t the only trans candidate facing barriers. While aย 2025 reportย by the LGBTQ+ Victory Institute found that trans representation among elected officials has increased by over 700 percent since 2017, candidates still face major hurdles.

Uncloseted Media found examples of trans candidates running for public office in Ohio and Michigan who have been threatened with disqualification over challenges to their eligibility. Often, the challenges come from their primary opponents: fellow Democrats.

โ€œIt should be voters, not political opponents, who decide who represents them,โ€ Daniel Hernandez, vice president of political programs at the LGBTQ+ Victory Fund, a nonprofit supporting queer candidates for public office, told Uncloseted Media. โ€œThis is not a legitimate way to fight โ€” if you have a disagreement on policy, thatโ€™s one thing, but to try and target trans people just because of who they are is completely unacceptable, especially in a Democratic primary.โ€

A growing strategy

The first widely publicized eligibility challenge against a trans candidate Uncloseted Media identified took place in Stark County, Ohio, in 2024. The Stark County Board of Elections, which has the same chairman as the countyโ€™s Democratic Party, disqualified Vanessa Joy, a trans woman who was running for a seat in the state legislature. The board cited an obscure state law requiring candidates who changed their name in the last five years to list their former name on candidacy petitions โ€” in Joyโ€™s case, her deadname.

โ€œThe original spirit of the law I kind of agree with,โ€ Joy told Uncloseted Media. โ€œBut thereโ€™s hardly any information about this law ever being enforced.โ€

Days later, Arienne Childrey and Bobbie Arnold, two other trans candidates, had their eligibility challenged based on this law. While both candidates were cleared to run, that wasnโ€™t the case for Joy, who never made it on the ballot.

Tom Sutton, a political science professor at Baldwin Wallace University, toldย Spectrum News 1ย he had never seen this law enforced in his 30 years of study. At the time, the relevant forms didnโ€™t include a space to list former names, an omission that has since beenย corrected.

โ€œThe only way to find out about it was to dig deep into all of the additional documents on their website,โ€ says Joy. โ€œThey used this law against me.โ€

Similar challenges cropped up in Michigan this year. Joanna Whaley, a trans woman running for a seat in the state legislature, faced a legal complaint from her Democratic primary opponent Frank Liberati, who claimed in April that she should have filed campaign paperwork under her deadname.

โ€œBecause both the original and amended affidavits of identity filed by โ€˜Joanna Michelle Whaleyโ€™ contain FALSE statements, she/he cannot be certified to appear on the Aug. 4, 2026, primary election ballot,โ€ย the complaint argues.

The county clerk denied the challenge, which deadnames Whaley, because she had legally changed her name. Liberatiโ€™s complaint was widely condemned, with the Michigan Legislative LGBTQ+ Caucus calling it โ€œmeritlessโ€ and โ€œtransphobic.โ€

โ€œIt completely backfired on him,โ€ Whaley told Uncloseted Media. โ€œWe tripled our cash on hand within a week because of the support that weโ€™ve gotten from our community, and actually are in a stronger position now to win this race.โ€

While Whaley benefited from the challenge, thatโ€™s not the norm. Toni Mua, a trans woman running for a seat in the Michigan legislature, received a complaint from political activist Robert Davis in April who alleged that she also should have run under her deadname.

One of Muaโ€™s opponents, Democrat Arthur Harrington, had discussed the challenge with Davis before it was filed, according to DeNiro Jones, Harringtonโ€™s former campaign manager. Jones told Uncloseted Media he sat in on a meeting between the two where they discussed the plan.

Jones also sent Uncloseted Media a screenshot of what he says is a text thread that Harrington sent him. In the screenshot, Davis tells Harrington, โ€œThe transgender candidate will be eliminated,โ€ and Harrington responds that โ€œToni also wonโ€™t have the money to fight it.โ€ Those texts were from April 22, two days before Davis filed the challenge.

In an email to Uncloseted Media, Davis called this story โ€œbaseless and meritlessโ€ and referred to Mua as โ€œan illegitimate candidate seeking attention.โ€

โ€œA candidate who happens to identify as transgender clearly violated Michigan Election Law and should not have been allowed to appear on the ballot,โ€ Davis wrote. โ€œA personโ€™s sexual orientation nor identity played no part in the litigation seeking to have the person who filed a false affidavit of identity properly removed from the ballot.โ€

Arthur Harrington did not reply to multiple requests for comment. But in a June statement to Michigan Advance, he denied allegations that he was involved in Davisโ€™s challenge.

These legal fights cost a lot. Korgood paid her lawyer $5,000. And while Mua defeated her challenge, she also had to use an estimated 40 percent of her campaign funds, or $10,000, to fight it.

In its opinion rejecting Davisโ€™s challenge of Muaโ€™s candidacy, the state court of appeals wrote, โ€œPlaintiff misreads the statute โ€ฆ The Court of Claims did not err by concluding that Mua complied with the law or that the Wayne County Clerk did not err in rejecting plaintiffโ€™s challenge.โ€

โ€œI had to leave my job to run for this open seat,โ€ Mua told Uncloseted Media. โ€œIt truly pisses me off, because [Democrats] have always said that they were better than this, and itโ€™s showing truly where their support lies.โ€

Quinn Allred, executive director at Let Us Lead, a youth-focused voting rights nonprofit, finds these eligibility challenges from Democrats โ€œdespicable.โ€

โ€œInstead of saying โ€˜trans people shouldnโ€™t be running,โ€™ [theyโ€™re entering] into this respectability politics and saying โ€˜oh, itโ€™s actually because the names donโ€™t match up, or itโ€™s because of this residency law,โ€™โ€ Allred told Uncloseted Media. โ€œ[Itโ€™s a] special brand of cowardice that it takes for a Democrat to target a queer person who is also running for office.โ€

Uneven enforcement

While challenges to candidatesโ€™ residency arenโ€™t uncommon in Massachusetts, theyย usually fail, according to Western Mass Politics & Insight, a long-running blog by local political and legal analysts.

The blog says most officials with authority over elections have a โ€œgreat reluctance โ€ฆ to remove an individual from the ballot.โ€ This makes Korgoodโ€™s removal unusual.

And while the State Ballot Law Commission says it considers many factors when determining a candidateโ€™s residency and โ€œno factor standing alone can be dispositive,โ€ it largely cited Korgoodโ€™s voter registration in its decision despite other evidence that supports her eligibility, including apartment leases and membership in city programs.

โ€œWhile thereโ€™s an undertone of legitimacy to some of those claims, itโ€™s very selective,โ€ Tracz says. โ€œMost of us, when we move to a new state, donโ€™t bother to go through the process of getting rid of our registration to vote in the prior state.โ€

Throughout history, Massachusetts candidates who faced similar challenges have been left on the ballot. These include former Massachusetts Gov. Mitt Romney, who received a tax credit in Utah reserved for primary residences, and Brockton, Mass., mayoral candidate Hamilton Rodrigues, who had gotten his voter registration in Brockton removed and hadnโ€™t voted in the city for over 10 years.

Months after Joyโ€™s disqualification in Ohio, the Mahoning County Board of Elections struck down a similar challenge against Republican Tex Fischer, a cisgender man who changed his legal name. They allowed him to stay on the ballot.

Tracz says a judge would likely find selective enforcement like this questionable.

โ€œ[That rule is] applicable to any candidate, and the question then becomes โ€˜Is this only being enforced against a select group of candidates?โ€™โ€ he says. โ€œWhy are we only investigating a specific type of candidate? I think that will give some courts pause.โ€

Making existing challenges worse

Trans candidates face hurdles beyond eligibility challenges. A June report from the LGBTQ+ Victory Institute found that nearly two-thirds of LGBTQ candidates face in-person harassment and nearly 80 percent of them face online harassment.

โ€œWhether itโ€™s threats of violence, coordinated harassment campaigns, attempts to remove people from the ballot, the cumulative effect is the same: public service becoming more difficult and less accessible to the LGBTQ community,โ€ says Hernandez of the Victory Fund.

Whaley says the increased attention from Liberatiโ€™s challenge brought even more harassment her way. She says she reports death threats to the police weekly and has a security detail at every public appearance. Security has become her second-largest campaign expense, and for good reason; in October, her team intervened when a man wearing a Make America Great Again hat followed her around with a gun at a No Kings rally.

โ€œAt the end of the day, I want to get home to tuck my kids in bed,โ€ Whaley says. โ€œWe could be using that money for other things, but weโ€™re having to use it to just keep me alive.โ€

Eligibility challenges distract from the candidatesโ€™ policies. Childrey remembers one woman telling her she couldnโ€™t vote for her because sheโ€™s โ€œonly about the rainbow people.โ€

โ€œMost of what [Iโ€™m] talking about is affordability, funding for our public schools … bread and butter issues,โ€ Childrey told Uncloseted Media. โ€œThere is an assumption, because weโ€™re trans, that thatโ€™s all it is.โ€

Barriers also pile up intersectionally.ย Nearly one-thirdย of trans people experience homelessness at some point in their lives, a rate eight times higher than the general population. This means barriers for unhoused people disproportionately affect trans candidates.

โ€œTrans youth, trans people of color, students, those who are unhoused like [Korgood] was, or who are disabled or low-income โ€” those barriers only compound,โ€ Allred says.

What could change?

Zein Murib, a political science professor at Fordham University, says these incidents demonstrate the need for more leniency with official documentation, arguing that a candidateโ€™s deadname or legal sex arenโ€™t relevant information. Today, 45 states accept common-law names, or the name a person uses in everyday life regardless of their ID, for other legal procedures, and Whaley says this should apply to campaigns as well.

Besides these policy changes, Allred says LGBTQ advocacy groups should allocate more funds to defend trans candidates from eligibility challenges. And Hernandez says that more people should condemn these tactics and show support for those targeted.

โ€œWe need to make sure that we set the expectation that everyone โ€ฆ is rejecting these tactics that are disproportionately burdening our trans candidates,โ€ he says. โ€œWe have to call it out when we see it, and we have to make sure that we are not just letting candidates fight these fights themselves.โ€

Mua says that she doesnโ€™t see a future for herself or other trans people with the Democrats unless the party stands up for them. โ€œI refuse to put myself into a party where I donโ€™t see my safety and protection being vital.โ€

While Korgood says she is saddened by this outcome, she doesnโ€™t intend for her political career to end.

โ€œIโ€™m incredibly proud of what we were able to accomplish, and while I am beyond disappointed and frustrated that this is how this is ending, I am so grateful that I earned the support and the attention of thousands of people in this race.โ€


Uncloseted Media also reached out to the Stark and Mahoning County Boards of Elections as well as the office of the Secretary of State in Ohio, and the Elections division of the Secretary of the Commonwealth of Massachusetts, under which the State Ballot Law Commission serves. None replied.

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