National
NETROOTS: Lesbian SEIU head backs exec order against LGBT job bias
Henry says directive would make it easier to pass ENDA at later time
The lesbian leader of the nation’s fastest-growing labor union on Saturday endorsed the idea of President Obama issuing an executive order barring federal contractors from engaging in anti-LGBT job discrimination.
Mary Kay Henry, who’s openly gay and president of the Service Employees International Union, said in a brief exchange with the Washington Blade at Netroots Nation she would support such a directive as an interim alternative to passage of the Employment Non-Discrimination Act while Republicans remain in control of the U.S. House.
“I think because just like every situation where you chip away at the inequality, and begin to establish as it a norm, it makes it easier to get it legislated,” Henry said.
LGBT rights supporters have been calling on Obama to issue an executive order that would prohibit the U.S. government from doing business with companies that don’t have policies protecting employees against job discrimination based on their sexual orientation or gender identity. The White House hasn’t said one way or the other whether the president would issue such a directive.
Lawmakers who’ve endorsed the idea of issuing this executive order include gay Rep. Jared Polis (D-Colo.) as well as Sens. Tom Harkin (D-Iowa) and Jeff Merkley (D-Ore.). Henry joins those backing this directive as president of a labor union representing 1.8 million workers in three sectors: health care employees, such as hospital and nursing home workers; public service employees, such as local and state government workers; and property service employees, such as janitors, security officer and food service workers.
Henry compared the effort to persuade Obama to issue an executive order against LGBT job bias to what she said was the labor movement’s goal of encouraging the president to sign a directive mandating that federal contractors permit employees the right to “freely form unions.”
“We’re trying to get action from the president in terms of allowing workers to freely form unions if they’re federal contracted as well, so maybe we can work together on it,” Henry said.
While backing the idea of an executive order, Henry said the labor movement has also been active in pushing for legislative passage of ENDA. The legislation, sponsored by gay Rep. Barney Frank in the House and Merkley in the Senate, is pending before Congress and would job bias against LGBT people in most private and public workforce situations.
“We’ve been public in favor of it,” Henry said. “We’ve put our staff on it in D.C. We’ve had members working on it in the districts. So we, I believe, have been full partners and have linked arms in making sure that we do that at the federal level.”
Henry, who became president of the SEIU in May 2010, she said she thinks her election as head of the union demonstrates that “all the justice fights are really one fight” and recalled that unionized health care workers worked against LGBT discrimination during the AIDS epidemic in the 1980s.
“And when I think about my history in SEIU — when the AIDS epidemic broke out in the late 80s, it was health care workers that were really in the forefront of trying to make sure that we eliminated discrimination in health care,” Henry said. “And we did a lot on health care workers not getting stuck by needles at that time when it was spreading through needle exchange.”
Henry also observed that LGBT rights come under attack in different states just as union rights are threatened in state after state. For example, in Wisconsin, Gov. Scott Walker (R) earlier this year signed legislation restricting the collective bargaining rights of state workers. Similarly, Walker last month withdrew the previous administration’s legal defense of the Wisconsin’s domestic partner registry, contending the law signed by former Rep. Jim Doyle (D) violate the state’s constitutional ban on same-sex marriage.
“We’re now faced with a fight where workers’ rights and LGBT rights are coming under attack in state after state,” Henry said. “And so, for me, it’s all about one fight and having the power to push back on these attacks, and then celebrate the gains that are being made on marriage equality, which, I think, is incredible in this environment.”
Henry said being an out lesbian hasn’t been obstacle as leader in the labor movement and said people whom she’s met in the role have been “really warm and welcoming.” Prior to becoming SEIU president, Henry was a founding member of the organization’s Lavender Caucus, which represents LGBT workers.
“I find that what I need to do is come out in every situation that I’m in, so I usually introduce myself that way, or I’m introduced as having founded the Lavender Caucus, because I think it’s just an important way of reminding ourselves that we haven’t achieved justice and equality for everyone in this country yet,” Henry said.
The transcript of the exchange between the Washington Blade and Henry follows:
Washington Blade: What kind of significance do you think being out as a lesbian and head of the SEIU has for the labor movement?
Mary Kay Henry: I think what it represents is the advance we’ve made in understanding how all of the justice fights are really one fight. And when I think about my history in SEIU — when the AIDS epidemic broke out in the late 80s, it was health care workers that were really in the forefront of trying to make sure that we eliminated discrimination in health care. And we did a lot on health care workers not getting stuck by needles at that time when it was spreading through needle exchange.
In our contract bargaining, we’ve been fighting against … discrimination based on LGBT issues for decades and we’re now faced with a fight where workers’ rights and LGBT rights are coming under attack in state after state. And so, for me, it’s all about one fight and having the power to push back on these attacks, and then celebrate the gains that are being made on marriage equality at the same time, which, I think, is incredible in this environment.
Blade: Has being an out lesbian had any impact on your work in the labor movement? Has it been an obstacle in any way?
Henry: It hasn’t. I’ve found people to be really warm and welcoming. I find that what I need to do is come out in every situation that I’m in, so I usually introduce myself that way, or I’m introduced as having founded the Lavender Caucus, because I think it’s just an important way of reminding ourselves that we haven’t achieved justice and equality for everyone in this country yet.
Blade: One important goal for the LGBT movement is passage of the Employment Non-Discrimination Act. What has the labor movement done to facilitate passage of that bill?
Henry: We’ve been public in favor of it. We’ve put our staff on it in D.C. We’ve had members working on it in the districts. So we, I believe, have been full partners and have linked arms in making sure that we do that at the federal level.
Blade: Would you support an executive order barring federal contractors from engaging in job bias against LGBT people as an interim alternative to ENDA passage?
Henry: Yeah. And we’re trying to get action from the president in terms of allowing workers to freely form unions if they’re federal contracted as well, so maybe we can work together on it.
Blade: Why do you think an executive order on ENDA would be helpful?
Henry: I think because just like every situation where you chip away at the inequality and begin to establish as it a norm, it makes it easier to get it legislated.
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.
U.S. Supreme Court
LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’
Experts insist Kim Davis case lacks merit
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.”
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
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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