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Despite assurances, LGBT advocates want more for bi-national couples

DHS says same-sex marriage a factor in evaluating deportation cases

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The US Department of Homeland Security

The issue of keeping married bi-national gay couples together in the United States is receiving fresh attention as LGBT advocates call for more action beyond a recent statement from the Department of Homeland Security saying being in a same-sex marriage is a factor in determining whether a potential deportee should be able to stay in the country.

On Thursday, Peter Boogaard, a DHS spokesperson, affirmed that the Obama administration would examine whether an individual is in a same-sex marriage when deciding to exercise prosecutorial discretion in a deportation for an undocumented immigrant.

“Pursuant to the Attorney General’s guidance, the Defense of Marriage Act remains in effect and the Department of Homeland Security will continue to enforce it unless and until Congress repeals it, or there is a final judicial determination that it is unconstitutional,” Boogaard said. “However, when exercising prosecutorial discretion in enforcement matters, DHS looks at the totality of the circumstances presented in individual cases, including whether an individual has close family ties to the United States as demonstrated by his or her same-sex marriage or other longstanding relationship to a United States citizen.”

Boogaard’s statement marks the first time the Obama administration has said on the record it will factor in whether someone is in a same-sex marriage when determining whether to exercise prosecutorial discretion in a deportation case. The administration previously communicated in August 2011 that it would “consider LGBT families” under a policy in which officials would examine on a case-by-case basis the potential deportations of about 300,000 undocumented immigrants, but that was only said without attribution. The new statement also changes “LGBT families” to “same-sex marriage.”

Additionally, the words mark one of the few times that the Obama administration has said it would recognize married same-sex couples even though DOMA, which prohibits federal recognition of same-sex marriage, remains on the books. Last year, the Justice Department announced it would allow married same-sex couples to file jointly for bankruptcy; the Office of Personnel Management gave U.S. Ninth Circuit Court of Appeals employee Karen Golinski health benefits for her same-sex spouse, but both of those decisions were more limited in scope and the result of court orders.

The DHS statement comes in response to a letter that 84 House Democrats signed calling for DHS to issue guidance for providing prosecutorial discretion for married bi-national same-sex couples in situations where the foreign national in the relationship is undocumented and possibly in danger of deportation. Straight Americans can sponsor their spouses for residency in the United States through a marriage-based green card application, but that option isn’t available to gay Americans because of DOMA.

In a letter dated Aug. 3, the signers — who include House Minority Leader Nancy Pelosi (D-Calif.), Rep. Jerrold Nadler (D-N.Y.), and Rep. Mike Honda (D-Calif.) — ask for “written field guidance or a memorandum” indicating DHS will “consider LGBT family ties as a positive factor for the exercise of prosecutorial discretion.” It’s not the first time such a letter has been sent. Last year, 69 House Democrats sent a letter to DHS calling for similar action.

Despite the new statement from DHS, those behind the letter say they want more and a response from a DHS spokesperson doesn’t take the place of written guidance. Some behind the letter say the statement from DHS reflects a policy that is already understood to be in place.

Nadler, sponsor of the Uniting American Families Act, which would enable gay Americans to sponsor their foreign partners for residency in the United States, was among those saying more is necessary.

“I appreciate the response from DHS’s spokesperson on the issue of prosecutorial discretion, but the policy mentioned is the one I already understood to be in place,” Nadler said. “What my colleagues and I are asking, and have been requesting since 2011, is that those guidelines now be put clearly onto paper for DHS agents in the field so that there is no longer any confusion as to their mission vis-à-vis the deportation of gays and lesbians with demonstrated family and community ties in the U.S.”

Drew Hammill, a spokesperson for Nancy Pelosi, called the statement a “welcome development,” but echoed the sentiment that more was sought in the letter.

“It’s a welcome development that a DHS spokesperson is explicitly and publicly acknowledging that DHS’s consideration of family ties includes same-sex couples and spouses,” Hammill said. “We look forward to the written guidance that we expect would be a logical next step.”

Rep. Mike Honda (D-Calif.) (Blade file photo by Michael Key)

Honda, sponsor of the Reuniting Families Act, which has UAFA-inclusive language, said he “greatly appreciate[s]” the statement from DHS,  but also wants the policy clearly written in guidance for U.S. Customs & Immigration Enforcement officials.

“I greatly appreciate the Department of Homeland Security’s explicit verbal statement recognizing the value of same-sex relationships in immigration proceedings,” Honda said. “However, for the sake of those LGBT families, who — today or tomorrow — may face a tragic and senseless separation, their attorneys, and ICE field officials, an indubitable and unequivocal written policy and implementation guideline remain the best assurance for protection. I look forward to working with DHS to ensure that this becomes a reality.”

That sentiment was echoed by an LGBT advocacy group that focuses on immigration issues. Steve Ralls, a spokesperson for Immigration Equality, noted there’s nothing new in the statement provided by DHS.

“We’ve heard verbally before that they intend for their guidelines to be inclusive, but then, on the flipside of that, we’ve heard from field officers that they’ve never received that instruction in writing,” Ralls said. “Leader Pelosi and the other signers of the letter were very clear that they want to see that policy articulated in writing and distributed to the field, and that doesn’t seem to be the commitment that we’re getting in the statement today from DHS.”

Asked whether he thinks it’s significant that DHS is for the first time articulating this policy on the record, Ralls said, “Again, I think the real issue is who they say it to and not who says it. It needs to be a written policy directed squarely to the field. … That’s what we need. That’s what Nadler, Honda and Pelosi wanted. That’s not what DHS delivered today.”

The exception to the nonplussed reactions was Lavi Soloway, an immigration attorney and co-founder of Stop the Deportations, who called the news “a giant step forward in the fight against DOMA” and the first formal recognition from the Obama administration of married same-sex couples.

“This move is significant beyond the immigration context, as it constitutes the first time any agency of the federal government has created a policy explicitly recognizing same-sex marriages,” Soloway added. “By giving legal effect to the lawful marriages of gay and lesbian couples, the Obama administration has demonstrated what we have argued all along to be true: that executive branch agencies can create policy to mitigate the discriminatory impact of DOMA on gay and lesbian binational couples, even while DOMA continues to prevent approval of those couples’ green card petitions.”

Still, Soloway said he wants to see the policy articulated in guidance, saying, “To ensure that our families are protected with consistent application of this newly inclusive prosecutorial discretion policy, it is crucial that detailed written guidance encompassing this official announcement be issued without delay.

Despite these calls for having instructions explicitly written in guidance, DHS maintains agents and attorneys have been trained to know that LGBT families and same-sex couples are covered under the new policy. Since the DHS announcement last year, ICE has already announced that several bi-national couples have been taken out of the deportation pipeline, such as Anthony Makk and Bradford Wells of San Francisco.

DHS didn’t respond to a request to comment on reactions from lawmakers and advocates to the statement provided last week.

Letter renews call to hold marriage-based green cards

The House Democrats’ letter isn’t the only one that the Obama administration has received recently on married bi-national same-sex couples. Immigration Equality delivered a letter to the White House and the Justice Department on Friday asking for the marriage-based green card applications to be held in abeyance now that a time for when the Supreme Court will review DOMA has become more clear.

The letter, signed by Immigration Equality Executive Director Rachel Tiven and Legal Director Victoria Neilson, is dated July 26 and renews an earlier request from the organization that was denied by the Obama administration, saying the administration should reconsider because “it is now clear that a final judicial determination on the constitutionality of DOMA is imminent.”

“[I]t is now clear that the Supreme Court will render a decision on the constitutionality of Section 3 of DOMA within a year. In the meanwhile, if USCIS continues to deny the applications of lawfully married couples, lesbian and gay immigrant families will continue to suffer irreparable harm through forced separations, forced exile, or the accrual of unlawful presence in the United States,” the letter states. “Holding green card petitions and applications without adjudicating them will preserve agency resources and prevent real harm to real families until the Supreme Court resolves this issue next year.”

Among the reasons cited in the letter for a likely imminent decision from the Supreme Court on DOMA are rulings against the anti-gay law from the First Circuit and district courts as well as multiple pending petitions asking the high court to take up the law.

The letter is dated the day after U.S. Chief Judge Carol Bagley Amon of the Eastern District of New York placed a stay on Immigration Equality’s lawsuit against DOMA, Blesch v. Holder, pending resolution of another DOMA lawsuit, Windsor v. United States, before the Second Circuit Court of Appeals.

The Justice Department didn’t respond to a request for comment. A White House spokesperson deferred to DHS, which provided the same statement in response to the letter signed by House Democrats. As of Monday, Immigration Equality has said it hasn’t yet received a response from the Obama administration.

Soloway also said putting marriage-based green card applications in abeyance for same-sex couples is the best way for the Obama administration to ensure these families can remain together in the United States without fear of separation.

“To address this immediate, irreparable harm, the administration should stop denying green card petitions filed by gay and lesbian binational couples and instead put those cases on hold pending a ruling by the Supreme Court on the constitutionality of DOMA expected next year,” Soloway said.

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Commentary

When a church fears the rainbow

Puerto Rico pastor objected to Pride symbols outside congregation

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(Washington Blade photo by Michael Key)

There are moments when an incident stops being merely a local story and begins to reveal something much deeper. What happened on June 28 outside One Church, in Comerío, Puerto Rico, belongs in that category.

I do not know who painted the rainbow colors on the asphalt and on a roadside guardrail. I do not know what motivated them, and it is not my place to justify their actions. If someone believes a law was broken, there are authorities and legal mechanisms to address that. That is not the point of this reflection.

The point is the words that followed.

Hours after those colors appeared, Pastor Jorge J. Santiago Reyes went live on social media. He said he felt threatened. He described what happened as a physical attack against his church. He appeared angry and disappointed. He called those who painted the rainbow “cowards” and “charlatans.” He expressed frustration with the support that, according to him, the municipal government of Comerío has shown toward the LGBTQ community, and with those who support posts related to that community. He repeated several times that the people responsible had “crossed the line.” He ended his message by saying, “These charlatans have to be stopped.”

As I listened to his words, I stopped thinking about the paint.

I began thinking about fear.

There is one phrase the pastor repeated again and again: “They crossed the line.” Yet he never explained what that line was. If he was referring to a possible violation of the law, that is for the authorities to determine. If he meant respect for property, there are also procedures to deal with that. But when that line remains undefined and the message begins to associate a rainbow with a threat, the question changes. It is no longer only about a guardrail or a road. It becomes a question about what boundary, in the pastor’s view, was actually crossed.

Paint can be erased.

A brush can cover the asphalt and return a guardrail to its original color.

What does not disappear so easily is the meaning of those colors.

And perhaps that is where the real conflict begins.

It is significant that this happened precisely on June 28, the day when the LGBTQ community remembers a history marked by exclusion, violence, and the struggle for dignity. What represents memory, hope, and the possibility of living without hiding for millions of people was presented by others as a threat.

I do not know why someone painted that rainbow. I do not need to know in order to ask whether those were the words society should expect from a pastor.

A religious leader may feel hurt, frustrated, or angry. What he cannot forget is the responsibility that comes with every public expression. His words do not end when a livestream ends. They move beyond the space of his church, reach people who may never share his faith, and help shape the way others see those who think differently. When a pastor calls other people “charlatans” and “cowards,” says they “have to be stopped,” and turns a rainbow into evidence of an attack, he is no longer speaking only from frustration. He begins to build a discourse that can feed rejection toward a community far larger than the people responsible for that act.

There was another moment in the livestream that caught my attention. The pastor reminded viewers how much he has served Comerío, how much he has accompanied his community, and how much he has worked for it. I have no reason to question that service. I am sure many people can testify to the good he has done.

That is precisely why it was difficult to hear.

Pastoral vocation is not about reminding a town of everything one has done for it when conflict appears. Service does not lose its value when it goes unrecognized; it loses something when it becomes an argument to claim a moral position from which to speak down to others. A person who serves does so because that is the nature of the calling, not because that service grants authority to discredit those who think differently.

As a pastor, that part of the message left me deeply uneasy. Not because I expect ministers of God to be perfect. We are not. But because our words carry weight, we are called to speak with greater responsibility. Some expressions build bridges. Others raise walls. Some words invite encounter. Others end up justifying rejection.

The paint will disappear. A brush will be enough to cover the asphalt and return the guardrail to its original color.

The words will not disappear as easily.

They will remain recorded in a video, shared again and again on social media, and remembered by those who heard them. They will remain long after the last trace of paint has been erased.

When this episode is remembered, it probably will not be because of the rainbow that appeared outside One Church, in Comerío, Puerto Rico.

It will be because of the words a pastor chose to use when speaking about it.

And that difference changes everything.

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National

ACLU says trans athletes ruling is narrower than many believe

‘Narrow decision focused on the unique context of sports’

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Pro Equal Protection protesters outside of the Supreme Court in early 2026. (Washington Blade Photo by Michael Key)

The Supreme Court’s decision Tuesday to uphold state laws barring transgender girls from competing on girls’ school sports teams represents a setback for transgender rights, but attorneys who argued the case say the ruling is considerably narrower than many initial reactions suggested.

Shortly after the decision was released, attorneys with the American Civil Liberties Union — which represented the plaintiffs in the case — held a press call to explain what they described as the limited scope of the Court’s opinion. While the ruling allows states to exclude transgender girls from girls’ school sports teams, they said it stops well short of creating a nationwide ban or dismantling broader legal protections for transgender people.

Joshua Block, senior counsel with the ACLU’s LGBTQ & HIV Project, said the majority intentionally confined its analysis to school athletics.

“[The majority] issued a narrow decision focused specifically on the unique context of sports. It didn’t issue a broader decision saying that Title IX in general didn’t protect transgender students. It didn’t say that other states couldn’t make a different policy choice and allow transgender girls to participate with cisgender girls, and it didn’t issue a sweeping ruling saying that under the Constitution it’s perfectly fine to discriminate based on transgender status.”

Block said one of the opinion’s most significant takeaways is that it leaves decisions about transgender participation in school sports largely in the hands of states.

“It leaves the rest of the legal rights of transgender people where the court found them.”

He stressed that the ruling authorizes states to adopt restrictions but does not require them to do so.

“It’s very important to emphasize that this isn’t a national mandate to ban trans athletes everywhere. It’s a fight that’s going to continue state by state, school by school … it really says that a state may discriminate, not that they must discriminate. States, schools, and athletic associations should be taking every step to ensure that athletic opportunities exist for transgender girls.”

Beyond athletics, Block said the opinion’s most important legal consequence may lie in its treatment of the Equal Protection Clause.

“What the court said is that even applying that heightened standard, we’re going to establish what’s effectively a new rule of the Equal Protection Clause, saying that you can’t bring this sort of as-applied challenge to a law that is valid for most people.”

Even so, he argued that the Court repeatedly framed transgender participation in sports as a policy issue for state governments rather than a constitutional mandate.

“Over and over and over again it talks about how states may exclude transgender girls, not that they must, and over and over and over again it says that this is a policy question that should be decided by the people in their different communities and their representatives.”

Block also rejected the idea that the ruling endorses the Trump administration’s broader efforts to restrict transgender rights.

“I have no doubt that the Trump administration will try to declare victory and say that this decision supports the lawless policies they’re pursuing, but I think anyone reading the decision can see otherwise.”

The White House nonetheless celebrated the decision, calling it a victory that would “protect women and girls.”

“The Court’s decision is a landmark victory for common sense, biological reality, and for the millions of women and girls who deserve a level playing field. By upholding laws protecting female athletic competition, the Court confirmed that states may preserve the fairness, safety, and equal opportunities that Title IX was enacted to guarantee.”

Medical researchers and LGBTQ advocates dispute the administration’s characterization of the evidence. A 2021 study published in the Journal of Sports Medicine found no scientific evidence for supporting these laws that categorically ban transgender women from participating in women’s sports.

Critics have also argued that enforcement of such laws could create new risks for athletes. Researchers have warned that sex-verification requirements may expose students to invasive examinations and discrimination.

A 2016 USA Today investigation found that at least 368 young gymnasts reported experiencing sexual abuse over a 20-year period. More than 100 coaches and gymnastics officials were accused of abuse, yet USA Gymnastics failed to track predatory coaches, allowing many to continue working with children. LGBTQ advocates argue that requiring athletes to undergo genital inspections or other forms of sex verification could place young athletes at even greater risk.

Advocacy organizations said the decision, while limited legally, will have significant real-world consequences for transgender youth.

Chris Mosier, a transgender athlete and board member of Point of Pride, said the ruling extends beyond sports.

“The Supreme Court’s decision today isn’t driven by fairness or dignity in sports. It’s an attack on our community’s right to live freely and authentically in every part of our lives. Young people, regardless of whether they’re cis or trans, deserve the joy of sports: to build friendships, to move their bodies and have fun on the field. To every trans athlete out there: you have a community standing behind you. No politician or law can take away your joy or power. We will get through this as our community has always done: together.”

Brian K. Bond, CEO of PFLAG National, emphasized that states remain free to adopt inclusive policies despite the Court’s decision.

“The Court rules best when it listens to the needs of marginalized people: trans people belong, on and off the field. While we celebrate the Court’s decision to uphold the Fourteenth Amendment and affirm that every person born in the United States is a citizen, the Court today added an asterisk to allow discrimination against transgender student athletes. Our country has been here before, and frankly, you would think this Court would have learned.”

“For PFLAG families, today’s decision in BPJ means that transgender athletes can continue to be affirmed for who they are in places where the law allows – and invigorates our LGBTQ+ and allied community to expand those protections. The parents, families, allies and LGBTQ+ people of PFLAG will continue to advocate for our trans loved ones to have the freedom to be themselves, everywhere. Trans people belong, and deserve to have access to the benefits of sport like everyone else.”

Allen Morris, policy director at the National LGBTQ Task Force, called the decision “devastating” but noted that it does not establish a nationwide sports ban.

“Today’s decision is devastating and the impact to clear. While this is not a nationwide ban on transgender participation in sports, the Court has given states a legal pathway to attempt to discriminate against trans individuals from full participation in school sports and all aspects of life.”

“This ruling is not just about sports: it’s about valuing and protecting the safety, security and constitutional rights of transgender people. By allowing states to draw a categorical line based on “biological sex,” the majority has chosen deference to exclusion and political beliefs over transgender students’ lived realities. There is already a dangerous rise in state-based violence growing across the country, and we’re overcoming this issue at each turn.”

Melanie Willingham-Jaggers, CEO of GLSEN, said the decision sends a broader message about transgender students’ place in schools.

“We are deeply disappointed by the outcome of this decision. This ruling represents another significant setback for transgender youth across the country, limiting their ability to fully engage in school life. Exclusion from these spaces shapes not only athletic access, but the broader message about who should be valued and included in our schools and societal ecosystem.”

“School sports are much more than competition. They are about belonging, forming a community, and the opportunity to grow and thrive alongside peers. Preventing youth from taking part in everyday activities undermines these fundamental values. We continue to see efforts to regulate discrimination under the guise of fairness, despite the lack of evidence that inclusive policies harm women’s sports. Access to these experiences is critical to students’ well-being and development.”

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Massachusetts

EXCLUSIVE: Pressley rips State Department over LGBTQ rights rollbacks abroad

Massachusetts Democrat sent letter to Marco Rubio on Tuesday

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U.S. Rep. Ayanna Pressley (D-Mass.) is pushing back against Secretary of State Marco Rubio's anti-LGBTQ foreign policy. (Photo public domain)

Massachusetts Congresswoman Ayanna Pressley sent a letter to Secretary of State Marco Rubio urging the Trump-Vance administration to take urgent action to defend LGBTQ people across the globe, including in countries that are violating international human rights protections for LGBTQ individuals, putting at risk the safety of civilians and U.S. citizens working, living, and traveling abroad.

The letter, which the Washington Blade got an exclusive preview of prior to its sending, criticizes the Trump-Vance administration’s foreign policy direction at the State Department, arguing that it has moved to roll back LGBTQ protections that have long been part of the U.S.’s global human rights posture.

“Criminalizing LGBTQI+ individuals undermines democracy globally, as well as U.S. national security. Thus, we urge the State Department to take adequate measures to speak out against this criminalization and protect U.S. citizens abroad, including your staff, who may be detained or harmed under such laws, policies, and practices,” Pressley, a Democrat who represents roughly three-fourths of Boston and much of the city’s suburbs, said. “U.S. civilians, diplomatic personnel, military members, and nonprofit workers on the ground providing health care and disaster support will be affected and have their safety threatened if the U.S. does not take action. Even U.S. citizens perceived as being part of the LGBTQI+ community and traveling or living in those countries may be used as bargaining chips. This is a serious U.S. national security concern.”

In the letter, Pressley underscores what she describes as a global escalation in criminalization and violence against LGBTQ people, noting that one-third of countries still criminalize consensual same-sex sexual relationships and that 12 countries impose the death penalty. She argues that these conditions make LGBTQ travelers, diplomats, and aid workers particularly vulnerable, and calls on the State Department to reassert U.S. leadership in defending human rights abroad.

“Every person deserves to live authentically, yet several countries are violating international human rights laws that protect LGBTQI+ individuals,” she said. “One-third of countries around the world criminalize same-sex consensual acts between adults, and 12 countries allow LGBTQI+ people to be executed for being themselves.”

She also invokes the role the U.S. has played in promoting democratic values internationally, arguing that LGBTQ rights should remain central to that mission.

“Historically, the United States has played a critical diplomatic role in promoting democracy and freedom for all individuals, including LGBTQI+ persons. The U.S. should be a world leader promoting human rights domestically and globally.”

In a separate statement included in the letter, Pressley emphasized both the moral and national security implications of the issue, warning that anti-LGBTQ laws abroad are endangering lives and require a coordinated U.S. response.

“Every person deserves to show up as their true, authentic selves here in the United States and in countries across the globe — and that includes our LGBTQI+ community members,” she said.

“However, we are witnessing a deeply concerning rise in human rights violations and criminalization of LGBTQI+ individuals in other countries, endangering the lives of civilians and U.S. citizens. It is incumbent upon the United States to protect our LGBTQI+ siblings at home and abroad not only for our national security but for the safety and freedom of LGBTQI+ people everywhere.”

The letter goes on to press the State Department for concrete action, including a public reaffirmation of U.S. commitments to LGBTQ human rights, the restoration of LGBTQ analysis in annual country reports, and clearer guidance for Americans traveling abroad. It also seeks clarity on whether the department is tracking cases of U.S. citizens detained or harmed under anti-LGBTQ laws and what proactive steps are being taken to warn and protect LGBTQ travelers.

While she is not a member of the Foreign Affairs Committee, Pressley remains highly active in international affairs and global policy.

While the letter focuses on current policy, it also lands in the broader context of Secretary of State Marco Rubio’s long anti-LGBTQ record. Rubio, a former senator from Florida, has consistently opposed same-sex marriage, calling the federal Respect for Marriage Act, which he voted against, a “stupid waste of time.” He has also expressed support for efforts to overturn Obergefell v. Hodges, the U.S. Supreme Court decision that legalized same-sex marriage nationwide.

During his time in the U.S. Senate and as a Florida political leader, Rubio has a long anti-LGBTQ track record. He defended state policies that LGBTQ advocates say target queer and transgender people, including Florida’s Parental Rights in Education law — commonly known by critics as “Don’t Say Gay” or “Don’t Say Trans” — which restricts classroom discussion of sexual orientation and gender identity.

He has also drawn criticism for his voting record, including a 0/100 score from the Human Rights Campaign’s Congressional Scorecard, reflecting opposition to expanding federal civil rights protections for LGBTQ people and for opposing adoption rights for same-sex couples.

Now serving as secretary of state, Rubio has overseen changes at the State Department that LGBTQ advocates say have reduced visibility and protections for transgender people, including the removal of trans-specific references from parts of the department’s public-facing materials and travel guidance. He has also been linked to broader restructuring efforts involving U.S. foreign assistance programs, including the U.S. Agency for International Development, which has historically supported global HIV prevention and LGBTQ rights initiatives in regions such as sub-Saharan Africa, Central Asia, and Latin America.

Those cuts and shifts, critics argue, have weakened programs like PEPFAR — credited with saving millions of lives worldwide — and reduced U.S. support for LGBTQ communities facing persecution abroad. The program is credited with saving at least 25 million lives.

Pressley’s own record stands in contrast, with a 100/100 on HRC’s Congressional Scorecard and a long history of legislative and advocacy work centered on LGBTQ equality. In recent years, she has secured federal funding for The Pryde, an affordable housing development for LGBTQ seniors in Boston, and has repeatedly pushed for expanded civil rights protections, including support for the Equality Act and the Equal Rights Amendment.

She has also advanced policy efforts aimed at LGBTQ survivors of violence, trans, and nonbinary individuals navigating credit and legal systems, and broader protections under housing and civil rights law — framing her work as part of a sustained effort to ensure LGBTQ people are included in federal policy at every level.

U.S. Rep. Ayanna Pressley (D-Mass.), center. (Photo courtesy of Ayanna Pressley’s office)
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