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National news in brief: March 11

Colo. moves on recognition bill, gay student candidate finds posters vandalized and more

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Same-sex unions bill moves in Colo.

DENVER — Legislation aimed at recognizing same-sex civil unions in Colorado passed its first test Tuesday, despite cries from the religious right that the legislation would undermine marriage and encourage a “shameful” gay lifestyle, several Colorado newspapers, including the Denver Post, reported this week.

Senate Bill 172, introduced by Sen. Pat Steadman (D-Denver) was backed by the Senate Judiciary Committee 6-3, with one Republican joining Democrats to advance the legislation.

The marathon controversial legislative hearing felt at times more like a Christian revival meeting, with critics of SB 172 making arguments against sodomy and gay lifestyles while reading from Leviticus, the Post reported.

Many critics argued that gay couples are unfit to raise children, and pointed out that in 2006, Colorado voters defined marriage as between one man and one woman, while also rejecting a proposal to recognize same-sex domestic partnerships in Colorado.

Senate Bill 172 would recognize civil unions between same-sex couples in Colorado. Along with the recognition would come similar legal benefits enjoyed by heterosexual married couples.

Faith leaders would not be required under the law to conduct same-sex civil unions if it goes against their religious beliefs.

Steadman, who is gay, said the issue is about providing stability to couples as they navigate life.

Judge lets Minn. marriage ban stand

MINNEAPOLIS — A Hennepin County judge has dismissed a lawsuit that sought to make same-sex marriage legal in Minnesota, according to an Associated Press report.

Judge Mary Dufresne rejected arguments by the group Marry Me Minnesota that the state’s 13-year-old Defense of Marriage Act violates same-sex couples’ rights to due process, equal protection, religious freedom and freedom of association. The Star Tribune reported Wednesday that the judge wrote in an order Monday that she’s bound by a 1971 Minnesota Supreme Court decision that says the legislature has the power to limit marriage to one man and one woman. Doug Benson, executive director of Marry Me Minnesota, says the group is disappointed and will appeal. He says the ruling is a slap at thousands of gay and lesbian couples who want the same rights their neighbors have, the AP reported.

Sailor discharged for falling asleep with man

CHARLESTON, S.C. — A Navy petty officer facing discharge for falling asleep in bed with another male sailor last month says his ouster is motivated by homophobia, not a legitimate crime, a claim that has some gay rights advocates worried about life after “Don’t Ask, Don’t Tell,” according to an ABC report.

Stephen Jones, 21, a student at the Naval Nuclear Power Training Command in Charleston, S.C., says he and friend Brian McGee inadvertently fell asleep together while watching “Vampire Diaries” on a computer in his quarters Feb. 6. Jones was wearing pajama pants and a white T-shirt, lying on top of the covers; McGee was in boxer shorts under the blanket on Jones’ twin bed, according to both men’s account of the situation. When Jones’ roommate, Tyler Berube, walked in shortly after midnight, the sleepy sailors woke up, got dressed and went back to their rooms.

Several days later, however, Jones and McGee were cited with dereliction of duty for “willfully failing to exhibit professional conduct in his room,” according to a Navy report specifying the charges. McGee accepted the charge and received docked pay. But when Jones refused to accept a penalty, instead hoping for a court martial to prove his innocence, he was ordered separated from the Navy for good, the ABC report said. While there was no evidence of homosexual conduct presented in the statements given by the three men to military investigators, Jones and his civilian attorney Gary Meyers believe homophobic suspicions were motivation for the charge.

“The roommate is concerned about what he sees, even though he sees nothing,” Meyers told ABC. “And his statement doesn’t indicate he saw anything. Two men woke up and they left the room. It’s a bizarre overreaction.”

Meyers contends that because the command had too little evidence to start an investigation under “Don’t Ask, Don’t Tell,” which is still technically military policy, it used a subterfuge to achieve the same result.

“I asked several times about what was unprofessional about what I did, and every time they said it’s just unprofessional. Period,” said Jones, who is appealing the decision.

Worker defending gays fired for saying ‘faggot’

NEW YORK — An elderly New York man who worked 54 years for American Airlines was fired this week for saying faggot during a training session. Referring to his military service, 82-year-old Freddy Schmitt said, “Back then a faggot could have saved my life.” He made the comment in reference to a statement saying that gays should be allowed to serve openly. The company refused to let Schmitt return to his role as a ground-crew worker despite an excellent employment record, the New York Post reported. Schmitt is appealing the decision and says he wants to end his career on good terms.

Gay lawmakers playing pivotal role in debates

NEW YORK — The 85 openly gay state legislators in the U.S. — out of 7,382 total — are playing a key role in the advancement of marriage and civil union battles across the country, the AP reported this week.

In Hawaii and Illinois, gay state representatives were lead sponsors of civil union bills signed into law earlier this year. In Maryland and Rhode Island, gay lawmakers are co-sponsoring pending bills that would legalize same-sex marriage. In New York, gay state Sen. Tom Duane is preparing to be lead sponsor of a marriage bill in his chamber later this session. The gay lawmakers have impact in two important ways.

Their speeches, often evoking personal themes, sometimes can sway wavering colleagues, and they can forge collegial relationships even with ideological foes through day-to-day professional and social interaction. Hawaii and Illinois are now among seven states that allow civil unions or their equivalent — state-level marriage rights in virtually everything but name.

Prop 8 sponsors oppose lifting marriage ban

SAN FRANCISCO — Lawyers for the sponsors of California’s same-sex marriage ban are urging a federal appeals court to continue blocking same-sex unions while it considers the constitutionality of Proposition 8, according to an AP report.

The lawyers said in court papers filed Monday that the rationale for keeping the voter-approved ban in effect are the same now as they were last summer, when the 9th U.S. Circuit Court of Appeals put a trial judge’s order overturning Proposition 8 on hold.

They say the Obama administration’s recent announcement that it would no longer defend the federal law prohibiting the government from recognizing same-sex marriages has no bearing on the state ban.

Lawyers for two gay couples are asking the 9th Circuit to let same-sex marriages resume in California by lifting its stay on the lower court’s order.

Kan. lawmakers say being gay should be criminal

TOPEKA, Kan. — Kansas state Reps. Jan Pauls (D, Hutchinson), and Lance Kinzer (R, Olathe) said this week that being gay or lesbian should remain a crime there, according to a Kansas City Star report.

Pauls made, with Kinzer’s support, the successful motion in the Kansas Legislature’s Corrections and Juvenile Justice Committee to keep the criminalization of gay and lesbian relationships on the books. Their action removed key language from HB2321, proposed by the Kansas Judicial Council, which would have resolved inconsistencies in Kansas criminal code, as well as remove unconstitutional laws.

“Jan Pauls was trusted to be a judge before becoming a state representative, and should know better than to support unconstitutional laws, breaking her oath to defend the Constitution,” said Jon Powell, Chair of the Hutchinson Area chapter of the Kansas Equality Coalition. “We are fed up with her obvious support of harassment of gays and lesbians. We will not be bullied.”

Although one remains on Kansas’ books, all state laws criminalizing gay and lesbian relationships were struck down by the United States Supreme Court in 2003.

Gay student’s campaign posters vandalized

CEDAR CITY, UTAH — Openly gay Southern Utah University Student Association Activities vice presidential candidate Payden Adams found his campaign posters defaced this week, according to a report from the St. George Daily Spectrum, a Gannett Utah paper reported. A vandal wrote derogatory comments in red marker on one of Adams’ campaign posters, according to a release from the Association’s Queer-Straight Alliance on Monday.

The incident was not the first, according to the release. Several of Adams’ posters have been destroyed, often with shreds left at the sites. Campus Police Chief Rick Brown said he was made aware of the incident, but was awaiting more information before investigating.

Brown said the incident would be treated as a criminal mischief case if someone is arrested. Upon hearing the alleged victim of the vandalism was gay, Brown said that would bring in a separate case against the suspect for a hate crime.

“It wasn’t brought to my attention that someone was targeted for his sexual orientation, but if that is the case when I receive more detail, it would be considered a hate crime,” he said. “We would look at the severity of the case and see if that is a different charge.

Poll shows majority support for gay marriage

DENVER — A new poll shows for the first time that more Americans support same-sex marriage than oppose it, the Colorado Independent reported this week.

The General Social Survey, a biennial poll conducted by the National Opinion Research Center at the University of Chicago, has been a much-cited resource for sociologists since it began in 1972. The 2010 poll’s findings, analyzed by Darren Sherkat, a sociologist/blogger from Southern Illinois University, found that about 46 percent of those polled support gay marriage as opposed to about 40 percent who are opposed. Only 12.4 percent supported it when the Survey first asked it in 1988.

Sherkat analyzed the data based on religious and political views and found that almost inevitably, “philosophical” Christians who believe that the stories in the Bible are fables designed for moral instruction were much more likely to support same-sex marriage than both those who believe the Bible is the inspired word of God and literalists who believe the Bible depicts the actual history of the world. Biblical literalists offered the most opposition to same-sex marriage, and Democrats of all types were significantly more likely than their Republican counterparts to support same-sex marriage.

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Pennsylvania

Erica Deuso elected as Pa.’s first openly transgender mayor

‘History was made.’

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Erica Deuso (Photo courtesy of LPAC)

Erica Deuso will become the first openly transgender mayor in Pennsylvania.

Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.

Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.

Deuso released a statement following her election, noting that “history was made.”

“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”

According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.

Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.

“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.

Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.

Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.

“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”

Deuso will be sworn in as mayor on Jan. 7.

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U.S. Supreme Court

LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’

Experts insist Kim Davis case lacks merit

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Protesters outside of the Supreme Court fly an inclusive Pride flag in December 2024. (Washington Blade Photo by Michael Key)

The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.

Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.

She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.

The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.

Loewy began by explaining how the court got to where it is today.

“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”

Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.

“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”

That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.

“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”

She also noted that public opinion on same-sex marriage remains overwhelmingly positive.

“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”

“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”

A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.

“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”

Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.

“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”

She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.

“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”

Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.

“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”

“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.

When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.

“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”

Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:

“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.

“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”

He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.

“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”

He also addressed members of the LGBTQ community who might be feeling fearful at this moment:

“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”

And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.

“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”

Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.

“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.

“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.

“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”

Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:

“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”

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U.S. Supreme Court

Supreme Court rules White House can implement anti-trans passport policy

ACLU, Lambda Legal filed lawsuits against directive.

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(Bigstock photo)

The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.

President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”

The White House only recognizes two genders: male and female.

The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.

A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.

A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)

 “This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”

Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.

The Supreme Court ruling is here.

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