News
Trumpcare appears defeated, but LGBT opponents remain wary
‘I don’t think we’ve heard the last from the GOP on healthcare’

President Trump poses in cab of firetruck on day GOP support for Trumpcare crumbles. (Image courtesy of C-SPAN)
After Republican support crumbled for Trumpcare, LGBT advocacy groups that sought to preserve the Affordable Care Act are quietly confident it will remain in place — although they say they’re keeping a watchful eye.
Late Monday night, two Republicans — Sens. Mike Lee (R-Utah) and Jerry Moran (R-Kansas) — announced they’d vote “no” on the latest version of the Better Care Reconciliation Act proposed by Senate Majority Leader Mitch McConnell (R-Ky.). With Sens. Susan Collins (R-Maine) and Rand Paul (R-Ky.) already opposed to the bill, the defections of Lee and Moran assured defeat of the bill if it came to the floor.
David Stacy, government affairs director for the Human Rights Campaign, said despite the apparent failure of Trumpcare, now is not the time to rest.
“While we’re glad to see the Trump/McConnell plan to strip health care from millions of Americans has failed up until this point, by no means are we claiming complete victory,” Stacy said. “The ACA provides unprecedented access to health care for LGBTQ people and we simply cannot afford for this access to be taken away. HRC will continue to engage our millions of members across the country and keep the pressure on Congress to reject any proposals to dismantle our health care system.”
LGBT groups like the Human Rights Campaign oppose Trump’s effort to repeal and replace the ACA on the basis that many LGBT people gained insurance as a result of President Obama’s signature legislative achievement and because the measure would deny Medicaid reimbursements to Planned Parenthood, which touts its health services for LGBT people.
McConnell has pledged to bring to the floor legislation in the coming days that would repeal Obamacare without offering any replacement — a move that in addition to eliminating health care for millions of people would explode the deficit.
Even though the same bill passed the chamber in 2015, it’s unlikely to pass this time around without assurance of a presidential veto. Key Republicans — Sens. Lisa Murkowski (R-Alaska) and Shelly Moore Capito (R-W.Va.) — have said they’d vote “no.” Collins voted “no” in 2015 and said she’d do so again.
Mara Keisling, executive director of the National Center for Transgender Equality, nonetheless cautioned “cynical efforts to hurt Americans for political purposes” may still be on the way despite projections Trumpcare is dead.
“We are not confident that efforts to defund Planned Parenthood are dead,” Keisling said. “We are not confident that efforts to take healthcare away from trans service members and veterans are dead. We will continue to fight side-by-side with so many allies to make sure our healthcare system is improved and not dismantled and made accessible only to the wealthy. We are extremely confident that our side will fight harder and with solidarity to protect people’s lives than the powers that be will fight to hurt us.”
After the loss of GOP support for the Better Care Reconciliation Act, President Trump took to Twitter to lambast lawmakers, blaming the failure on “all of the Democrats and a few Republicans.”
“Most Republicans were loyal, terrific & worked really hard,” Trump tweeted. “We will return!”
The White House has maintained Trump made phone calls to lawmakers and met with them to encourage their support for the Senate health care bill. On Wednesday, Trump was set to hold a working lunch at the White House State Dining Room with Republican members of Congress to discuss health care.
Nonetheless, the general perception is Trump has been disengaged from efforts to repeal Obamacare — a signature promise during Trump’s presidential campaign. On Monday, the same day GOP support for Trumpcare crumbled, Trump posed for a photo-op in the cab of a firetruck parked on the White House lawn for “Made in America” week.
White House Deputy Principal Press Secretary Sarah Huckabee Sanders blamed Democrats on Tuesday for the failure of Trumpcare, even though they’re in the minority in Congress and weren’t responsible for GOP withdrawal from the bill.
“They’re responsible for passing Obamacare,” Sanders said. “They’re responsible for creating the mess that we’re in. They’re responsible for being unwilling to work with Republicans in any capacity to help fix a system that they know is completely flawed and have publicly said so. I think that it’s pretty clear, and I think the responsibility lies on their shoulders.”
Gregory Angelo, president of Log Cabin Republicans, said contrary to expectations that Trumpcare is dead, he wouldn’t rule out Republican efforts to reform health care law.
“I don’t think we’ve heard the last from the GOP on healthcare,” Angelo said. “Whether it’s repeal, replace, reform, or some combination thereof, the continuing collapse of Obamacare, spikes in premiums and insurer exits from exchanges will necessitate that Republicans act sooner or later.”
Trump himself may take unilateral action. On Tuesday, he told reporters “we’re probably in that position where we’ll let Obamacare fail” in the aftermath of crumbling support for the bill.
“We’re not going to own it. I’m not going to own it,” Trump said. “I can tell you the Republicans are not going to own it. We’ll let Obamacare fail and then the Democrats are going to come to us and they are going to say ‘how do we fix it, how do we fix it’ or ‘how do we come up with a new plan?’”
Trump’s position for some time has been that Obamacare is a dead program, but his remarks raise questions about whether the Trump administration would seek to administratively undermine the Affordable Care Act, such as by denying subsidies to health care recipients who qualify for them.
At the White House, Sanders wouldn’t commit the president to support the subsidies and the executive sustenance required under the Affordable Care Act.
“As has been the case since we got here, we’ll continue to keep you posted as decisions and changes are made, or if they’re not,” Sanders said.
Meanwhile, bipartisan talks on health care are happening. Sen. Tom Carper (D-Del.) told the Daily Beast a bipartisan group of senators spoke Tuesday night about possible fixes to Obamacare that don’t involve repealing the law.
“Democrats, Republicans, and I think one independent slipped in as well,” Carper was quoted as saying. “I’m more encouraged at this point than I’ve been in quite some while that we might somehow be able to find a road, a path together.”
A major criticism from LGBT groups — as well as HIV/AIDS advocacy groups — was the inclusion in GOP plans to replace Obamacare of a provision to undo the Medicaid expansion under the Affordable Care Act. That rose the income level to qualify for care under that program to 133 percent of the poverty level — provided the states agreed to it.
An estimated 40 percent of people with HIV — a disease that still disproportionately affects LGBT people — received coverage under Medicaid.
Carl Schmid, deputy executive director of AIDS Action, said he expects Obamacare to remain the law and is “greatly relieved,” but nonetheless noted the need for change of the health care system.
“There is much that the administration can do through regulation to alter health care — private insurance plans and Medicaid — and [we] expect them to do that, actually they have started to make changes as well,” Schmid said. “As they make changes, we want to make sure they do not restrict access and benefits and loosen important patient protections. Legislative fixes are still needed, premiums and patient cost-sharing are too high, and we hope that they can happen on a bi-partisan basis.”
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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