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Carson confirmed to HUD with support from 6 Democrats

New housing secretary has no experience, history of anti-LGBT views

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Ben Carson, gay news, Washington Blade
Ben Carson, gay news, Washington Blade

The Senate confirmed Ben Carson as HUD secretary. (Washington Blade file photo by Michael Key)

Despite a history of expressing anti-LGBT views, the U.S. Senate confirmed on Thursday former neurosurgeon Ben Carson as secretary of housing and urban development by an 58-41 vote with the support of six members of the Democratic caucus.

The six members of the Democratic caucus who joined with the Republicans to vote for Carson were Sens. Joe Donnelly (D-Ind.), Heidi Heitkamp (D-N.D.), Angus King (I-Maine), Joe Manchin (D-W.Va.), Jon Tester (D-Mont.) and Mark Warner (D-Va.). All Republican senators who were present voted for Carson; Sen. Johnny Isakson (R-Ga.) wasn’t present to vote.

Six Democrats joined Republicans to vote for Carson even though the new HUD secretary has no experience in managing housing or urban affairs and a long history of comments denigrating LGBT people. After his success as a neurosurgeon, those remarks animated his career as a conservative commentator and Republican presidential candidate.

Carson has called transgender people the “height of absurdity” and “a few people who perhaps are abnormal,” suggesting amid opposition to them using the restroom consistent with their gender identity they should have their own bathrooms specifically designated for them.

During his presidential campaign, Carson waxed nostalgic for “Don’t Ask, Don’t Tell” and expressed opposition to allowing transgender people in the armed forces. The candidate signed a pledge with the anti-gay National Organization for Marriage to, among other things, back a U.S. constitutional amendment banning same-sex marriage nationwide and “conduct a review of regulatory, administrative and executive actions taken by the current administration that have the effect of undermining marriage.”

In 2013, Carson landed in hot water when, as a neurosurgeon at Johns Hopkins University, he compared LGBT advocates to pedophiles during an interview on Fox News. Outcry over the remarks led him to apologize “if anybody was offended” and to cancel plans to give the commencement address for the medical school.

During his confirmation hearing, Carson derided LGBT rights as “extra rights” under questioning from Sen. Sherrod Brown (D-Ohio) on LGBT issues.

“What I mentioned in the past is the fact no one gets extra rights,” Carson said. “Extra rights means you get to redefine everything for everybody else. That, to me, doesn’t seem to be very democratic.”

Carson as HUD secretary has the authority to roll back Obama-era regulations barring discrimination against LGBT people in government-sponsored housing and transgender people in homeless shelters, but that should remain in place if Carson keep to his words. In written testimony to the committee, Carson said he doesn’t believe protecting equal access to housing for LGBT people is “extra rights” or something that should be withdrawn.

In a statement, Warner cited Carson’s personal story of “rising from an impoverished background to become an accomplished surgeon” as a reason to confirm him to HUD.

“The Secretary of Housing & Urban Development plays an important role in addressing affordable housing, combatting homelessness and upholding civil rights and non-discrimination laws,” Warner said. “During our meeting in January, I questioned Dr. Carson’s commitment – based on previous public statements – to upholding those fundamental responsibilities. He assured me that he is a ‘huge fan’ of the Civil Rights Act of 1968 and its subsequent amendments, which prohibit discrimination in housing, and will vigorously enforce laws proscribing redlining.”

Alluding to housing challenges facing West Virginia, Manchin said in a statement he voted to confirm Carson because of the importance of having a team in place running the government.

“I believe he understands that the housing and development needs facing West Virginia are different than those facing America’s urban communities and I look forward to working with him to improve the lives of West Virginians,” Manchin said.

Heitkamp said in a statement she voted to confirm Carson because in meetings with her he expressed a commitment to “recognize the full social and economic scope of impediments to safe, affordable housing.”

“I’m supporting Dr. Carson today because that approach is crucial to spurring housing opportunity for rural and low-income families on tribal lands and in rural communities alike – and I intend to hold him to his word,” Heitkamp said. “Any successful blueprint begins with a solid foundation, and I look forward to laying the trauma-informed groundwork with Dr. Carson so that our nation’s housing solutions are strong enough for communities that have withstood poverty, crime, abuse, and other adverse experiences and are built to last.”

Donnelly said in a statement he voted for Carson because the secretary made a commitment to East Chicago, which is experiencing a lead crisis.

“The families of East Chicago are counting on him and it is critically important we keep our focus on assisting these families,” Donnelly said. “I also have been encouraged by Dr. Carson’s understanding of issues important to Indiana, including housing assistance for homeless veterans, addressing housing blight, the nexus between housing and health outcomes, and the need for access to affordable housing.”

The Washington Blade has placed a call in with the offices of King and Tester seeking comment on their vote to confirm Carson.

In a committee vote to approve Carson, Democratic members of the Senate Committee on Banking, Housing & Urban Affairs, joined Republicans to support him unanimously, much to the ire of many progressives who objected to their support for a Trump nominee.

Of those Democrats on the committee, Sens. Elizabeth Warren (D-Mass.), Chris Van Hollen (D-Md.), Jack Reed (D-R.I.), Robert Menendez (D-N.J.), Brian Schatz (D-Hawaii), Catherine Cortez Masto (D-Nev.) and Sherrod Brown (D-Ohio) voted “no” during the floor vote to confirm him, although Heitkamp, Tester and Warner doubled-down to support him again.

The 62-37 cloture vote Wednesday to proceed with debate and confirmation of Carson in the Senate was about the same as the confirmation vote, except Sens. Ben Cardin (D-Md.), Tom Carper (D-Del.) Menendez and Brown were among those voting to move forward.

Mara Keisling, executive director of the National Center for Transgender Equality, criticized the Senate for confirming Carson despite his lack of experience in housing and anti-LGBT comments.

“The Senate has just voted to confirm a man who called over 1.4 million of his fellow Americans who are transgender ‘abnormal’ and referred to acknowledging their very existence as ‘silly,’ ‘beyond ridiculous,’ and ‘the height of absurdity,’” Keisling said. “Even setting aside Dr. Carson’s self-professed inexperience, these mean-spirited statements alone should have been disqualifying. The Senate will now own those comments.”

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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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