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Nadler pushes DOMA repeal, despite recent court rulings

Says legislative action needed to fully fix inequities

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Rep. Jerrold Nadler

Rep. Jerrold Nadler is calling for legislative repeal of DOMA in the wake of court rulings against the law. (Blade file photo by Michael Key)

A New York Democrat leading the charge against the Defense of Marriage Act in Congress is stressing the need for legislative action against the anti-gay law despite a string of victories in the courts.

Rep. Jerrold Nadler (D-N.Y.) told the Washington Blade on Monday that legislation to repeal DOMA — the Respect for Marriage Act, which he sponsors in the U.S. House — may offer married same-sex couples greater flexibility with federal benefits as opposed to a U.S. Supreme Court ruling striking down the statute.

“The recent series of affirmative rulings in federal court give us a clear indication of where DOMA is ultimately headed, but we don’t know if a Supreme Court decision would be enough to ensure federal recognition of same-sex marriages,” Nadler said. “We need to pass the Respect for Marriage Act because its certainty provision would enable legally married same-sex couples to receive federal recognition no matter which state they move.”

In addition to repealing DOMA, the Respect for Marriage Act, has a “certainty provision” that would allow married same-sex couples to retain federal benefits of marriage — including certain Social Security benefits, immunity from the estate tax and the ability to jointly file income taxes — even if these couples marry in one state and to move to another that doesn’t recognize same-sex marriage.

Nadler added the need to pass the Respect for Marriage Act “is one of the many reasons” why LGBT rights supporters need to work to re-elect President Obama, who’s endorsed the legislation, and put Democrats back in control of the House. The latter will be a tall order to fill because political observers expect Democrats may make some gains, but will likely fall short of the 25 seats needed for them to regain a majority.

The New York lawmaker spoke to the Washington Blade following a New York City meeting at Gay Men’s Health Crisis with LGBT advocates — including Sen. Kirsten Gillibrand (D-N.Y.) and lesbian New York City Council Speaker Christine Quinn — in which participants discussed ways to advance marriage equality and federal benefits for gay couples.

That meeting took place just days after the U.S. Second Circuit of Appeals became the second federal appellate court to rule against DOMA in the case of Windsor v. United States and the first appellate court to apply heightened scrutiny in determining the law is unconstitutional. The Windsor lawsuit — along with three others — is pending review before the U.S. Supreme Court. Justices haven’t yet made an announcement on whether they’ll take up the lawsuits, but are expected to take up at least one of the cases to make a nationwide ruling on DOMA.

Jon Davidson, legal director at Lambda Legal, concurred that passage of the Respect for Marriage Act would afford greater certainty for married same-sex couples that wouldn’t necessarily be granted after a court ruling.

“Even if the court upholds one or more of the four holdings that Section 3 of DOMA is unconstitutional in the four DOMA cases the court already has been asked to hear, Rep. Nadler is correct that the bill would help bring certainty to many same-sex couples that it may otherwise take years to sort out,” Davidson said.

Davidson said many federal laws aside from DOMA consider a couple legally married based on the state where the couple wed, but others such as tax law generally look to the state where the couple resides.

“The Respect for Marriage Act would solve this potentially confusing situation by making clear that the federal government would treat same-sex couples who got married in a jurisdiction that allowed it to be considered married for all federal purposes,” Davidson said.

Davidson, whose organization is responsible for one of the DOMA challenges called Golinksi v. Office of Personnel Management, added the legislation is also important in case the Supreme Court reaffirms DOMA because in that event, legislative repeal of the law would be “the only recourse” for opponents of the law.

Fred Sainz, vice president of communications for the Human Rights Campaign, said a Supreme Court ruling overturning DOMA would be “historic and huge,” but Nadler is right that Congress must move forward with the Respect for Marriage Act — largely because the law originated in Congress.

“The act will ensure that the federal government cannot treat same-sex couples as second-class citizens regardless of where they live in the country,” Sainz said. “It was Congress that enacted the discriminatory Defense of Marriage Act, and it is Congress that should take the step to guarantee that gay and lesbian families will no longer be denied recognition by the federal government.

Mary Bonauto, civil rights attorney for Gay & Lesbian Advocates & Defenders, which is responsible for the Gill v. Office of Personnel Management case against DOMA, said via email she appreciates Nadler’s work to repeal DOMA in Congress, but litigation can afford more immediate relief.

“If we win in court, that would return us to the ordinary rules by which the federal government respects state determinations of marital status,” Bonauto said. “I would be happy to have Congress eliminate the problems it created in 1996, but in the meantime, the courts provide the most direct route to relief.”

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U.S. in midst of ‘genocidal process against trans people’: study

Attacks rooted in Nazi ideology’s views on gender

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President Trump’s administration has orchestrated myriad attacks on the trans community. (Washington Blade file photo by Michael Key)

Earlier this week, the Lemkin Institute for Genocide Prevention and Human Security issued a haunting warning. Dr. Elisa von Joeden-Forgey, president of the Lemkin Institute, stated that the U.S. is in the “early-to-mid stages of a genocidal process against trans and nonbinary and intersex people.” Dr. Gregory Santon, former president of the International Association of Genocide Scholars, flags “a hardening of categories” surrounding gender in a “totalitarian” way. 

Stanton argues that this is rooted in Nazi ideology’s surrounding gender — this same regime that killed many LGBTQIA individuals in the name of a natural “binary.” As Von Joeden-Forgey said, the queer community, alongside other “minority groups, tends to be a kind of canary in the coal mine.” 

In his first year in office, Trump and his Cabinet’s anti-trans rhetoric has only intensified, with a report released late September by journalist Ken Klippenstein in which national security officers leaked that the FBI is planning to classify trans people as “extremists.” By classifying trans people as “Nihilistic Violent Extremists,” far-right groups would have more “political (and media) cover,” as Abby Monteil reports for them, for anti-trans violence and legislation. 

While the news is terrifying, it’s not unprecedented – the fight against trans rights and classification of trans people as violent extremists was included in Project 2025, and in the past several weeks, far-right leaders’ transphobic campaign has expanded: boycotting Netflix to pressure the platform to remove trans characters, leveraging anti-trans attack ads in the Virginia governor’s race and banning professors from acknowledging that trans people exist. In fact last month, two Republican members of Congress called for the institutionalization of trans people

It’s a dangerous escalation of transphobic violence that the Human Rights Campaign has classified as an epidemic. According to an Everytown for Gun Safety report published in 2020, the number of trans people murdered in the U.S. almost doubled between 2017 and 2021. According to data released by the Gun Safety report from February 2024, 34 percent of gun homicides of trans, nonbinary, and gender expansive people remain unsolved

As Tori Cooper, director of Community Engagement for the Transgender Justice Initiative for the Human Rights Campaign Foundation, this violence serves a purpose. “The hate toward transgender and gender expansive community members is fueled by disinformation, rhetoric and ideology that treats our community as political pawns ignoring the fact that we reserve the opportunity to live our lives full without fear of harm or death,” Cooper said.

“The genocidal process,” Von Joeden-Forgey said, “is really about destroying identities, destroying groups through all sorts of means.” And just like the Nazi regime, former genocide researcher Haley Brown said, the Trump administration is fueling conspiracy theories surrounding “cultural Marixsm” — the claim that leftists, feminists, Marxists, and queer people are trying to destroy western civilization. This term, Brown states, was borrowed directly from the Nazi’s conspiracies surrounding “Cultural Bolshevism.”

As Brown explains, historians are just beginning to research the Nazis’ anti-trans violence, but what they are finding reveals a terrifying pattern wherein trans people are stripped of their identification documents, arrested and assaulted, and outright killed. 

Before World War II, Germany – especially Berlin – was a hub for transgender communities and culture. In 1919, Dr. Magnus Hirschfield, a Jewish gay sexologist and doctor, founded the Institut für Sexualwissenschaft, the Institute for Sexual Science. The Institute was groundbreaking for offering some of the first modern gender-affirming healthcare, with a trans-affirming clinic and performing some of the first gender-affirming surgeries in the 1930s for trans women Dora Richter and Lili Elbe. 

Researchers at the institute coined the term “trassexualism” in 1923, which while outdated now, was the first modern term that Dr. Hirschfield used when working with Berlin police to acquire “transvestite passes” for his patients to help them avoid arrest under public nuisance and decency laws. During the Weimar Republic, trans people could also change their names although their options were limited. In Berlin, queer press flourished after World War I along with a number of clubs welcoming gay, lesbian and trans clientele, including Eldorado, which featured trans performers on stage. 

But as Hitler rose to power, trans people were targeted. In 1933, Nazi youth and members of the Sturmabteilung ransacked the institute, stealing and burning books – one of the first book burnings of the Nazi regime. German police stopped recognizing the “transvestite” passes and issuing new ones, and under Paragraph 175, which criminalized sexual relationships with men, trans women (who were misgendered by the police) were arrested and sent to concentration camps. 

As the Lemkin Intsitute for Genocide Prevention and Human Security wrote in a statement

“The Nazis, like other genocidal groups, believed that national strength and existential 

power could only be achieved through an imposition of a strict gender binary within the racially pure ‘national community.’ A fundamentalist gender binary was a key feature of Nazi racial politics and genocide.”

History professor Laurie Marhoefer wrote for The Conversation that while trans people were targeted, there was not extensive discussion of them by the regime. But there was evidence of the transphobia behind the regime’s violence, specifically in Hermann Ferdinand Voss’s 1938 book “Ein Beitrag zum Problem des Transvestitismus.”Voss noted that during the Nazi regime, trans people could and were arrested and sent to concentration camps where they underwent forced medical experimentation (including conversion therapy and castration) and died in the gas chambers.

While there is growing recognition that gay, bisexual, and lesbian individuals were targeted during the Holocaust, few know about the trans genocide through which trans individuals were arrested, underwent forced castration and conversion therapy, and were outright killed alongside gay, lesbian, disabled and Jewish individuals in concentration camps. Historians are just beginning to undertake this research, writes Marhoefer, and to delve further into the complex racial hierarchies that affected how trans people were treated. 

As Zavier Nunn writes for Past & Present, trans people of “Aryan” racial status and those not considered to be homosexuals were sometimes spared from the worst violence and outright murder. Depending on their skills, they could even be considered for rehabilitation into the Volksgemeinschaft, or Nazi utopian community. As Nunn highlights, trans violence was much more nuanced and individualized and should be explored separately from violence against gay and lesbian individuals during the Holocaust.

Marhoefer’s research of violence against trans women, as recorded in police files (as is the persecution of gay and lesbian individuals), is groundbreaking but rare. He gave a talk at the Museum of Jewish Heritage in 2023, shortly after a 2022 civil lawsuit about denial that trans people were victims of the Holocaust. The German court recognized that trans people were victimized and killed by the Nazi regime, but in the United States, there is still a hesitancy by the wider LGBTQ community and leftist groups to acknowledge that we are living during a time of anti-trans violence, that trans people are being used as political scapegoats in order to distract from real problems of accountability and transparency around government policy.

As anti-trans legislation escalates, it’s important to remember and call out how trans violence is not only a feminist issue, it’s a human rights one as well. While Shannon Fyfe argues that the current campaigns against trans people may not fit the traditional legal definition of a genocide, the destruction and denial of life saving care, access to public spaces, and escalating violence is still immensely devastating. 

Kaamya Sharma also notes that the term “genocide” has deep geo-political implications. As she explained, “western organisations are, historically and today, apathetic to the actual lives of people in the Global South, and put moral posturing above Brown and Black lives,” so the choice to use “genocide” is a loaded one. But as the Lemkin Institute for Genocide Prevention and Human Security writes in the same statement: “The ideological constructs of transgender women promoted by gender critical ideologues are particularly genocidal. They share many features in common with other, better known, genocidal ideologies. Transgender women are represented as stealth border crosses who seek to defile the purity of cisgender women, much as Tutsi women were viewed in Hutu Power ideology and Jewish men in Nazi antisemitism.”

Trans people are not extremists, nor are they grooming children or threatening the fabric of American identity – they are human beings for whom (like all of us) gender affirming care is lifesaving. As we remember the trans lives lost decades ago and those lost this year to transphobic violence, knowing this history is the only way to stop its rewriting.  

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What to watch for in 2026: midterms, Supreme Court, and more

Federal policy battles carry grave implications for LGBTQ Americans

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House Minority Leader Hakeem Jeffries could become the nation’s first Black elected House Speaker if Democrats retake the chamber this year. (Washington Blade file photo by Michael Key)

With the start of a new year comes a new slate of legal and political developments poised to change our world. From consequential Supreme Court cases and a potential House of Representatives leadership flip to preparations for the United States’s 250th anniversary, 2026 is expected to be a critical year—particularly as LGBTQ rights, and transgender rights specifically, remain a focus of national debate.

Across Congress, the courts, federal agencies, and statehouses, decisions made this year are poised to shape the legal and political landscape for LGBTQ Americans well beyond the next election cycle.

Congress

(Washington Blade photo by Michael Key)

In 2026, a sizable number of federal seats will be up for grabs. All 435 districts in the U.S. House of Representatives will be on the ballot, offering Democrats a chance to flip the chamber and reclaim a measure of control from Republicans, who have held the House since 2022. Control of the House will be especially critical as lawmakers weigh legislation tied to civil rights, health care access, and the scope of federal protections for LGBTQ Americans.

A Democratic majority would also determine committee leadership, oversight priorities, and the ability to block or advance legislation related to transgender health care, education policy, and federal nondiscrimination protections.

Several House races are expected to be particularly significant for LGBTQ representation and leadership, including contests in Texas’s 32nd Congressional District, New York’s 17th, and Illinois’s 9th.

In Texas’s 32nd District, Democratic incumbent Julie Johnson is seeking reelection in the northeastern Dallas-area seat. Johnson is the first openly LGBTQ person ever elected to Congress from Texas or the South, according to her congressional website. Her reelection bid comes amid Republican efforts to redraw the district to consolidate GOP power, following demands from President Trump — moves that have made the race increasingly challenging.

While in office, Johnson has pushed for expanded Medicare access, stronger LGBTQ rights protections, and broader health care equity. The race has become a key test case for LGBTQ incumbents navigating increasingly hostile political and electoral environments, particularly in southern states.

In New York’s 17th Congressional District, Democrat Cait Conley is mounting a challenge against Republican incumbent Mike Lawler in the lower Hudson Valley, just north of New York City. Conley is a former active-duty Army officer who was deployed six times and has leaned into that experience to connect with the district’s mixed constituency.

The district has frequently flipped between parties and includes a politically influential conservative Hasidic community, making it one of the more competitive seats in the region. An out lesbian, Conley has spoken forcefully in support of LGBTQ rights and has received the endorsement of LPAC, positioning herself as a pro-equality candidate in a closely watched race that could help determine control of the House.

The Illinois 9th Congressional District is also shaping up to be a competitive open-seat contest. The district spans parts of Cook, Lake, and McHenry counties and includes much of Chicago’s North Side. In 2025, Democratic Rep. Jan Schakowsky announced she would not seek reelection after representing the district since January 1999.

Mike Simmons, who was elected to the Illinois State Senate in 2021, is seeking the seat. Simmons was the first openly LGBTQ person and the first Ethiopian American elected to the state Senate, where he has focused on expanding LGBTQ rights, strengthening democratic institutions, and addressing cost inequities in health care, housing, and support for community-based organizations. Given the district’s suburban makeup, the race could emerge as a frontline contest for pro-equality legislative influence.

If Democrats are successful in reclaiming control of Congress, the outcome would reshape leadership at the highest levels. One potential result would be Hakeem Jeffries becoming the first elected Black Speaker of the House, a historic milestone with implications for legislative priorities, representation, and the direction of Democratic leadership.

Beyond the House, control of the U.S. Senate will also be in play. In total, 35 of the Senate’s 100 seats will be up for election in 2026. Of those, 33 are regularly scheduled races, with two additional special elections set to take place in Florida and Ohio. Several of these contests are expected to hinge on issues such as abortion access, federal oversight, judicial confirmations, and the future of LGBTQ protections at the national level. Political observers view the Senate as a tougher flip for Democrats but not an impossible task.

Governorships

Gubernatorial races will further shape the policy environment across the country. A total of 36 states and three U.S. territories could elect new governors in 2026, many of whom will have significant influence over education policy, health care access, and the enforcement—or rollback—of civil rights protections.

One notable development is Republican Sen. Marsha Blackburn’s entry into Tennessee’s gubernatorial race. Blackburn has been an outspoken opponent of LGBTQ rights and has previously proposed constitutional amendments aimed at banning same-sex marriage, making the race one to watch closely for LGBTQ advocates.

Two races to watch

Gov. Jared Polis (D-Colo.) (Washington Blade photo by Michael Key)

Colorado governor’s race:

Jared Polis made history in 2018 as the first openly gay man elected governor in U.S. history, but his tenure in the Mile High State is coming to a close. Polis cannot run for reelection in 2026 because of term limits. U.S. Sen. Michael Bennet and Colorado Attorney General Phil Weiser are the Democratic frontrunners in a race that could determine whether the state continues its trajectory on LGBTQ-inclusive policy.

Iowa Senate seat:

Zach Wahls is running for Iowa’s U.S. Senate seat. An Iowa State Senator, Wahls has built a record focused on expanding health care access, minimizing government corruption, and protecting LGBTQ equality. Wahls, who was famously raised by two lesbian moms, has frequently pointed to his family as shaping his advocacy, positioning his campaign around personal experience as well as legislative record.

SCOTUS

Demonstrators stand outside of the United States Supreme Court on Oct. 7 during oral arguments for Chiles v. Salazar. (Washington Blade Photo by Michael Key)

The Supreme Court is expected to issue several rulings this year that could have far-reaching consequences for LGBTQ rights nationwide. Two of the most closely watched issues involve transgender athletes in school sports and the legality of conversion therapy bans.

Two cases heard in 2025 involving transgender athletes in school sports—West Virginia v. B.P.J. and Little v. Hecox—are expected to receive rulings later this year. Oral arguments are scheduled for Jan. 13, with the Court poised to determine whether states can ban transgender girls and women from participating on girls’ sports teams.

Legal experts have warned that the decisions could carry broader civil rights implications beyond athletics, potentially reshaping interpretations of sex discrimination and Title IX protections across education and employment.

The Court is also expected to rule on the future of conversion therapy bans and whether such restrictions are protected under the First Amendment. In October 2025, the justices heard oral arguments in Chiles v. Salazar, a case that will determine whether state and local bans on conversion therapy for LGBTQ youth violate free speech or free exercise of religion protections. A ruling in favor of the plaintiffs could weaken or overturn bans that have been enacted in dozens of states and municipalities.

Federal policy changes

Several new federal policies are being implemented as the year takes shape, with some of the most immediate impacts falling on LGBTQ people. One of the most significant changes is the elimination of gender-affirming care coverage for federal employees.

The policy, put into place by President Trump’s Office of Personnel Management, eliminates health insurance coverage for most gender-affirming medical care in the Federal Employees Health Benefits (FEHB) and Postal Service Health Benefits (PSHB) programs. The change affects hundreds of thousands of federal workers and their families.

The Human Rights Campaign has filed a lawsuit against the OPM policy, alleging that the change violates Title VII’s ban on sex discrimination in employment. Advocates argue that the policy not only limits access to medically necessary care but also signals a broader federal retreat from LGBTQ-inclusive health protections.

Similar proposals are under consideration for the broader American public, including efforts to restrict Medicaid and Medicare coverage for gender-affirming care—moves that could disproportionately impact low-income transgender people, people with disabilities, and those living in rural areas.

Historic anniversaries

In 2026, several historic anniversaries will take place nationwide. The most prominent is the United States’ Semiquincentennial, marking 250 years since the Declaration of Independence. Events are planned across the country, from small-town commemorations to large-scale national celebrations in Washington, D.C.

Among the most anticipated events is the July 4 celebration commemorating 250 years since independence from Great Britain, which is expected to be one of the largest national events of the year.

However, the anniversary planning has already created ripple effects. Capital Pride—Washington’s annual Pride celebration—was forced to move from the second week of June to the third week after the White House announced plans for a large June 14, 2026 celebration on the South Lawn marking President Trump’s 80th birthday.

The White House said the event will include a large-scale Ultimate Fighting Championship (UFC) exhibition involving boxing and wrestling competitions, a decision that has drawn scrutiny from LGBTQ advocates amid ongoing concerns about federal priorities and messaging during a landmark year for the nation.

It also marks 11 years since SCOTUS ruled same-sex marriage is legally protected nationwide with Obergefell v. Hodges.

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Minnesota

Tim Walz drops out of Minn. governor’s race

The longtime LGBTQ ally and Democratic party figure blames ongoing fraud investigations supported by Trump and the GOP for his withdrawal.

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Gov. Tim Walz (D-Minn.) speaks at the 2024 Democratic National Convention in Chicago on Wednesday, August 21. (Washington Blade photo by Michael Key)

Minnesota Gov. Tim Walz announced Monday that he is withdrawing from the 2026 Minnesota governor’s race, citing what he described as political interference and attacks from Republican Party leaders. 

Walz made the announcement on social media, where the post quickly gained traction, drawing more than 30,000 likes on Instagram and 23,000 reactions on Facebook

In his statement, the incumbent governor directly blamed President Donald Trump and his allies, both in Washington and in Minnesota, for fueling what he characterized as politically motivated accusations of widespread fraud tied to federal nutrition programs in the state.

According to a 2024 ABC News story, more than 70 people have been charged as part of a “wide-ranging criminal conspiracy” that allegedly exploited two federally funded nutrition programs during the COVID-19 pandemic, resulting in more than $250 million in fraudulent claims.

“I won’t mince words here,” Walz wrote. “Donald Trump and his allies — in Washington, in St. Paul, and online — want to make our state a colder, meaner place. They want to poison our people against each other by attacking our neighbors. And, ultimately, they want to take away much of what makes Minnesota the best place in America to raise a family.”

In his announcement, Walz also cited recent reports from Somali American child care center operators in Minnesota who said they have faced violent threats and vandalism after right-wing YouTuber Nick Shirley posted a video alleging fraud at their facilities. Following the video’s release, the Trump-Vance administration cut federal child care funding nationwide.

Walz also criticized the federal government’s decision to withhold child care funding from states amid the allegations.

“They’ve already begun by taking our tax dollars that were meant to help families afford child care,” he added. “And they have no intention of stopping there.”

Last week, a Department of Health and Human Services official confirmed that the Trump administration is pausing child care funding to all states following the Minnesota allegations, stating that funds will be released “only when states prove they are being spent legitimately.”

“Republicans are playing politics with the future of our state,” Walz said. “And it’s shameful.”

Walz previously served as the Democratic vice presidential nominee alongside then–Vice President Kamala Harris during her unsuccessful 2024 presidential campaign.

Meanwhile, longtime Trump ally and MyPillow CEO Mike Lindell announced in December that he is running for Minnesota governor and has already received Trump’s endorsement.

Walz has been a longtime ally of the LGBTQ community, dating back to 1999, when he served as a football coach and teacher at Mankato West High School in Mankato, Minnesota, about 80 miles southwest of Minneapolis.

It is also possible that U. S. Sen. Amy Klobuchar (D-Minn.) is considering entering the race to succeed him.

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