National
2011 to bring new marriage fights across U.S.
R.I., Md. best bets for progress, while N.C., Ind. face bans

Rhode Island Gov. Lincoln Chafee, shown here at a meeting with LGBT supporters, backs same-sex marriage rights. (Photo courtesy of Chafee’s office)
With “Don’t Ask, Don’t Tell” repealed, the issue of marriage returns to center stage in 2011 as many states are poised to enact same-sex marriage or civil unions legislation — or pursue measures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But changes in the political dynamic after the 2010 elections also mean that marriage rights could be repealed in New Hampshire and amendments banning same-sex marriage could go forward in North Carolina, Indiana and Pennsylvania.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 — the economy, jobs and the budget — 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). 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 — like all GOP senators — 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 won’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 else’s marriage,” she said. “Let’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 — in the hopes that she’ll see it and not want to have the abortion — 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 — a first time and then again after an election — 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 advocates’ 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 — once and then again after an election — 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 — either to advance gay nuptials or ban them — 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 — 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 — 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.
Federal Government
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.
-
Mexico5 days agoUS Embassy in Mexico issues shelter in place order for Puerto Vallarta
-
Real Estate5 days ago2026: prices, pace, and winter weather
-
Theater5 days agoJosé Zayas brings ‘The House of Bernarda Alba’ to GALA Hispanic Theatre
-
Netherlands4 days agoRob Jetten becomes first gay Dutch prime minister
