National
Democratic platform committee hears marriage equality testimony
Freedom to Marry pushes for plank endorsing gay nuptials
The fight to include a marriage equality plank in the 2012 Democratic Party platform is heating up as one LGBT advocate drew on support from Democratic governors and the late Sen. Ted Kennedy in testimony urging platform committee members to adopt such language.
Members of the platform drafting committee are holding a national hearing this weekend in Minneapolis, Minn., and hearing testimony from individuals seeking certain language in the platform. Among the witnesses Friday afternoon was Marc Solomon, national campaign director for Freedom to Marry, whose organization is taking the lead in pushing for an endorsement of same-sex marriage in the platform as part of its “Democrats: Say I Do” campaign.
Slated to speak on Saturday also in support of the language was Army Chief Warrant Officer Charlie Morgan, a lesbian New Hampshire guardsmen who has been diagnosed with stage-four incurable breast cancer, as well as Michael Macleod-Ball, the American Civil Liberties Union’s chief of staff in the Washington Legislative Office, who’ll speak about marriage and other LGBT and HIV/AIDS related issues.
In his prepared remarks, Solomon drew on the “evolution” that Obama completed on his way to endorsing same-sex marriage, but also made the case the Democratic Party as a whole has largely been responsible for advancing same-sex marriage, including Democratic governors like New York Gov. Andrew Cuomo and Massachusetts Gov. Deval Patrick.
“The Democratic Party has a noble history of fighting for the human and civil rights of all Americans,” Solomon said. “Living up to that legacy, Democratic lawmakers have provided the vast majority of the support for the freedom to marry for gay and lesbian couples in states and in Congress, even as ending exclusion from marriage is now becoming a bipartisan cause.”
Speaking with the Washington Blade by phone after his testimony, Solomon said the inclusion of a marriage-equality plank is important to keep up “momentum” in the advancement of same-sex marriage.
“At first the effort itself made a lot of news because we were asking the party to go someplace where the president wasn’t yet,” Solomon said. “I think every step towards our end game of full marriage equality nationwide is important, especially with the U.S. Supreme Court likely to take up some major cases next session, so we want to keep building momentum in every single way.”
While committee members asked questions of others who presented testimony, Solomon said none were asked of him. At the same time, Solomon said no committee members expressed support for a marriage equality plank during the time he testified, but also didn’t express support for any other idea presented to them.
A handful of the 15 members of the platform drafting committee have already pledged to advocate for a marriage equality plank. In response to inquiries from the Washington Blade, three voting members — Carlos Odio, a Latino Democratic activist, Donna Harris-Aikens, the National Education Association’s director of policy and practice, and NARAL Pro-Choice America President Nancy Keenan — went on the record saying they’d unequivocally back such language, as did two non-voting members — Massachusetts Gov. Deval Patrick and Democratic National Committee Secretary Alice Germond.
But that explicit support isn’t held everyone, including a high-profile openly gay member of the panel who recently married his longtime same-sex partner. Rep. Barney Frank (D-Mass.), who previously expressed lukewarm support for the idea of a marriage equality plank and he preferred language opposed to the Defense of Marriage Act, had at best an ambivalent take on marriage in the platform when asked about it by the New York Post.
“There may be a decision not to get into it a whole lot,” Frank was quoted as saying. “This is a strategic judgment.”
Solomon said Frank wasn’t present during the time he presented his testimony before the panel, although most of the committee was there, including Philadelphia Mayor Michael Nutter and Rep. Barbara Lee (D-Calif.).
Still, in his testimony, Solomon credited the lawmaker for assisting with a previous effort to include a marriage equality plank in the Massachusetts State Democratic Party platform and called him a “tireless advocate” in helping with the effort to preserve a 2003 court ruling legalizing same-sex marriage in the state.
“Congressman Barney Frank was a tireless advocate, making the personal case to many, many state lawmakers,” Frank said. “I remember Barney telling one conservative state representative, a bit tongue-in-cheek, ‘What if I want to get married someday?’ Well, this year Barney did marry the love of his life, and there are same-sex couples in Massachusetts who have already celebrated eight years of marriage, to their great joy and the great joy of their loved ones.”
Solomon similarly praised Kennedy in his testimony for his support, drawing on a speech the late senator gave before his death in 2009 in which he said, “For all my years in public life, I have believed that America must sail toward the shores of liberty and justice for all. There is no end to that journey, only the next great voyage.”
Similar testimony is expected to continue later during the national hearing. Morgan, among the gay service members who are suing to overturn DOMA as part of a lawsuit filed by the Servicemembers Legal Defense Network, is slated to echo Solomon’s testimony in her remarks on Saturday. In February, Morgan met with staffers for U.S. House Speaker John Boehner (R-Ohio) to urge him to discontinue his defense of the anti-gay law in court.
But Macleod-Ball is expected to strike a different chord in his testimony. According to a blog posting on the ACLU’s website by Ian Thompson, the ACLU’s legislative representative, Macleod-Ball will advocate not only for marriage equality language, but also an endorsement of the Respect for Marriage Act; an endorsement of the Student Non-Discrimination Act; and including language to end stigma and discrimination against those who are living with HIV/AIDS; and strengthened enforcement of civil rights laws, such as the Americans with Disabilities Act.
A general sense of optimism that Democrats will include a marriage equality plank in the platform pervades now that President Obama has endorsed same-sex marriage. Democratic National Committee Chair Debbie Wasserman Schultz said earlier in this month in an interview with the Philadelphia Gay News that she “expect[s] marriage equality to be a plank in the national party platform.” Solomon and Freedom to Marry’s Evan Wolfson have expressed similar confidence.
“I have every confidence this is going to happen,” Solomon told the Washington Blade. “I don’t see any red flags in front of us and I think today went just as planned, just as hoped for.”
The national hearing in Minneapolis is a prelude to a Detroit., Mich., meeting next month when the party’s full platform committee will discuss amendments before presenting the platform to the Democratic National Convention in Charlotte, N.C. in September.
Many Democrats have endorsed the idea of including marriage equality plank in the Democratic Party platform, including House Minority Leader Nancy Pelosi (D-Calif.), U.S. Senate candidates Tammy Baldwin and Elizabeth Warren, four former Democratic National Committee chairs and 22 U.S. senators.
Amid calls to include a marriage equality plank in the platform, the Obama campaign has issued a response, although without attribution and with a statement was later clarified to mean that it isn’t an endorsement of a marriage equality-inclusive platform.
“The President’s personal views on marriage equality are known. The President and the Party are committed to crafting a platform that reflects the President’s positions and the values of the Party,” an Obama campaign spokesperson said last week in an email to the Washington Blade.
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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