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Election could jeopardize Iowa marriage rights

Democrats hoping to hang onto one-seat majority in Senate

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Liz Mathis
Liz Mathis

Liz Mathis. (Courtesy Mathis campaign site)

Next week’s special election in Iowa could jeopardize the state’s same-sex marriage rights if a Republican candidate wins and overturns Democratic control of the upper chamber of the legislature.

In an election set for Tuesday, Democrat Liz Mathis, a former news anchor for an Iowa TV station, and Republican Cindy Golding, a businessperson, are competing to represent Iowa’s 18th District in the state Senate. The vacancy was created by the retirement of Democratic former State Sen. Swati Dandekar, who left the Senate for an appointment in Republican Iowa Gov. Terry Branstad’s administration.

Senate Majority Leader Michael Gronstal (D) has vowed that a state constitutional amendment overturning marriage equality — instituted in 2009 in Iowa by order of the state Supreme Court — won’t come up as long as he remains leader of the chamber. But Democrats hold a majority in the state Senate by a margin of 25-24, so a win by the Republican would make for a tie in the leadership vote and throw control of the chamber into question.

The Democratic and Republican candidates have taken opposite positions on a constitutional amendment that could overturn marriage equality in Iowa. During an interview Monday with the Cedar Rapids Editorial Board, Mathis said she supports marriage equality, while Golding called for bringing the issue to the voters.

Mathis said she agrees with the Iowa Supreme Court ruling and said she doesn’t “believe in discrimination.”

“I believe in the Iowa State Supreme Court, their unanimous ruling, appellate ruling on gay marriage,” Mathis said. “Varnum v. Brien is constitutionally sound. And I’ll just leave it at that.”

Golding, on the other hand, reiterated her belief that the “citizens of Iowa should vote on this issue.”

“I believe that once we vote on it, whether we vote it up or down, the spotlight can come off Iowa for that issue and we can focus on business, we can focus on jobs, focus on education,” Golding said. “We can focus on the things we really need to be taking our time and energy. Because nobody in our district, it was not a huge issue to either one of us as we were going around. It became an issue to us by the national media.”

Golding continued that while she doesn’t believe the ruling has “dramatically changed” Iowa, she does believe the decision has affected schools. She took issue with what she said was scholarships for LGBT students at her daughter’s high school.

“I am curious what the sexual orientation of a student should be for a scholarship in high school,” Golding said. “That troubles me.”

Asked whether there are other criteria for the scholarship, Golding replied, “Well there’s academics, but you must be a declared GLBT student in order to apply for it. That troubles me.”

The plan for Senate leadership if the election results in a tie between the number Democrats and Republicans in the chamber remains in question. During a previous tie in 2005 and 2006, Democrats and Republicans alternatively shared power in the Senate and a rule was put in place ensuring no legislation could come up without consent of both parties. But Price said Republican Leader Paul McKinley has said he won’t agree to such a rule this time around.

In February, the Iowa House passed a constitutional amendment banning same-sex marriage, or even marriage-like unions. For the measure to come to the voters, it would need to first make it through the Senate before the term of the legislature expires. The measure would then have to pass both chambers of the General Assembly again in a separate session with the same language. The soonest the constitutional amendment could come before voters is 2013.

LGBT advocates in Iowa called a Democratic win in the election crucial to preserving marriage equality in Iowa as well as preventing other conservative initiatives from moving through the legislature.

Troy Price, executive director of One Iowa, said a Republican victory could remove the last barrier in the state legislature preventing the passage of a constitutional amendment banning same-sex marriage.

“We could see this thing on the ballot in less than two years,” Price said. “For us, this election means quite a bit, and that’s why we’re working so hard to try and protect and maintain the pro-equality majority in the Senate.”

State Sen. Matt McCoy (D), the first openly gay person elected to the Iowa Legislature, said the election is “very crucial” for marriage equality and the progressive agenda.

“This is a must-win election as it relates to marriage equality,” McCoy said. “Obviously, civil rights for tens of thousands of people are at stake, and in addition to that, I think all the other right-wing social agenda issues are potentially at stake as well. So we could see a completely different agenda: less focus on education, less focus on human services, less focus on growing our economy and jobs and more focus on right-wing fringe political issues and agendas.”

According to the Daily Iowan, the district in question is about evenly split between Democrats and Republicans.

Price said he’s “cautiously optimistic” about a Democratic win.

“Things are looking up there from our perspective,” Price said. “We’ve been working really hard. We’ve been identifying new marriage supporters in the district and trying to do everything we can to get those people out to the polls.”

McCoy also expressed confidence in Mathis’ ability to win the election and said her supporters are “spending enormous amounts of money” to ensure she wins.

“We feel very confident that we have an excellent candidate who’s working very hard and is doing all of the right things at this point to ensure that we can win this election,” McCoy said. “So, we feel very comfortable that this is a seat we can win and hold.”

The election has also come to the attention of national groups — both pro-LGBT and anti-gay — working on the issue of marriage. The National Organization for Marriage, which opposes same-sex marriage, announced last month that it would conduct an independent expenditure campaign — along with the Family Leader, a local anti-gay group — to assist Golding with her campaign.

Brian Brown, NOM’s president, called the race a “pivotal election contest” in the effort to bring marriage rights for gay couples before the Iowa electorate.

“A proposed constitutional amendment on defining marriage as the union of one man and one woman enjoys broad-based, bipartisan legislative and voter support, but is being prevented from coming to the floor of the Senate by Majority Leader Mike Gronstal,” Brown said. “If Ms. Golding is successful in her election, we are hopeful that senators will finally have the opportunity to vote on the marriage amendment, and we expect it to pass handily.”

Among NOM’s efforts is the distribution of a mailer featuring pictures of both Mathis and Golding on opposite sides on the Scales of Justice. Mathis is pulling the scale down on her side. The caption below Mathis reads, “Liz Mathis supports gay marriage; No vote of the people.” The caption below Golding reads, “Cindy Golding supports traditional marriage; Will let the people vote!”

But NOM’s involvement reportedly hasn’t stopped there. Price said he’s heard anecdotally NOM is “knocking on doors” in the district and is set to hold an event on Sunday as part of a national press tour.

“We are aware that this is on their radar screen … so we’re doing everything we can to try and counteract that,” Price said.

Pro-LGBT national groups are also involved in the election on behalf of the Democratic candidate. Price said the election is “definitely on their radar” as well, but couldn’t immediately name any of the national pro-LGBT groups that are involved. The Human Rights Campaign didn’t respond to a request for comment on the election.

“This election is really a local election from our perspective, so we’ve just been working with out local partners to make sure that the voice of equality is heard,” Price said.

 

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Federal Government

Two very different views of the State of the Union

As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.

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President Donald Trump speaks at the State of the Union address at the U.S. Capitol on Feb. 24. (Washington Blade photo by Michael Key)

As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.

Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.

Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.

But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.

Transgender youth

In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:

“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.

“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.

“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.

“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”

The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.

Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:

“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.

“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.

“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”

For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.

Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.

Immigration and fear

Immigration dominated both events as well.

Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.

Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:

“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”

Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.

Queer leadership

Rep. Robert Garcia (D-Calif.) speaks at the People’s State of the Union on the Mall on Feb. 24. (Photo by Andrei Nasonov)

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.

Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.

“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”

He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.

“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”

Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.

“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”

A boycott — and a warning

The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.

For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.

While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

(Washington Blade photo by Michael Key)
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U.S. Military/Pentagon

4th Circuit rules against discharged service members with HIV

Judges overturned lower court ruling

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The Pentagon (Photo by icholakov/Bigstock)

A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.

The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.

The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.

This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.

The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.

The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.

Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.

In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”

The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.

Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”

“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”

“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”

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New York

Lawsuit to restore Stonewall Pride flag filed

Lambda Legal, Washington Litigation Group brought case in federal court

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The Pride flag in question that once flew at the Stonewall National Monument. (Photo from National Park Service)

Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.

The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.

The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.

“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”

That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.

The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.

The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.

“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”

“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.

“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.

The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.

The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.

In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.

Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.

“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”

The Washington Blade reached out to the NPS for comment, and received no response.

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