Connect with us

National

With clock ticking, all eyes on Congress

Inaction on LGBT bills likely to trigger ‘anger in the community’

Published

on

President Obama joined families on the White House lawn for this week’s Easter egg roll. LGBT rights supporters are calling on him to be more vocal in his support for several key bills still pending in Congress, including repeal of ‘Don’t Ask, Don’t Tell.’ (DC Agenda photo by Michael Key)

Supporters of LGBT rights are turning up the heat on Congress in their efforts to pass several key bills after lawmakers return from recess next week.

Allison Herwitt, legislative director for the Human Rights Campaign, alluded to potential political consequences if the bills don’t advance in this Congress.

“I do think that there will be many LGBT Americans frustrated and disappointed if any of these [bills] don’t move,” she said. “Even though we don’t have a pro-LGBT majority in the House and the Senate — this is our highest majority that we have and we need to obviously capitalize on the members that we have in the House and the Senate to pass legislation. So, in short, I do think that there will be anger in the community.”

Herwitt said this anger would likely manifest itself in LGBT voters feeling disconnected from Congress and from the Obama administration.

This disconnect, Herwitt said, could affect political donations or discourage people from getting involved in re-election campaigns as well as “not door knocking, literature dropping, all that kind of stuff.”

Herwitt also urged a stronger voice from the White House in advocating for legislation like the Employment Non-Discrimination Act and the Domestic Partner Benefits & Obligations Act, as well as repeal of “Don’t Ask, Don’t Tell.”

“I do think that it is important that the president and the administration do strongly indicate to the House and the Senate their support and their desire to move on ENDA, ‘Don’t Ask, Don’t Tell’ and DPBO,” she said.

Michael Mitchell, executive director of the National Stonewall Democrats, voiced similar views.

“I think that we’re seeing some — donors are starting to put their money elsewhere or holding off,” he said. “I think that there are rank-and-file folks who are getting frustrated.”

Mitchell said he thinks “we need to remember” that Obama has been in the White House for fewer than 18 months.

“On the other hand, a lot of people have been working on these issues for decades, and people don’t want to wait any longer, and we’ve been laying a lot of groundwork for a very long time and we see this as our window to get this stuff through,” he said.

The November elections are weighing heavily on the minds of LGBT rights advocates. Mitchell said the passage of LGBT bills this Congress is important because of the strong possibility of reduced Democratic majorities.

“The landscape could certainly be more difficult for us, especially if it gets closer in the House,” he said. “I said recently somewhere that [you] only need to look back about 18 months or two years to see how hard it was to pass our agenda when we didn’t have control, and I think it will, again, be like that.”

Key pieces of pro-LGBT legislation in Congress have encountered roadblocks.

Advocates are urging for the inclusion of “Don’t Ask, Don’t Tell” repeal as part of the upcoming defense authorization bill, but whether the votes exist in the Senate Armed Services Committee to attach the provision to the legislation remains to be seen.

President Obama hasn’t spoken publicly in favor of repealing the ban since his mention of the issue in his State of the Union address, and Defense Secretary Robert Gates told reporters in response to a DC Agenda question last month that he doesn’t recommend legislative action this year before the Pentagon working group completes it study of the issue.

For ENDA, a House committee markup of the legislation has been pushed back since late last year and still has yet to be scheduled, although advocates are saying activity could happen in April or May. Multiple sources have told DC Agenda that the Senate lacks the 60 votes needed to overcome any attempted filibuster of ENDA.

Problems also plague legislation that would provide benefits to the same-sex partners of federal employees. Supporters of the bill in the Senate have said they won’t move the bill to a floor vote until the U.S. Office of Personnel Management provides information on how it will offset the bill’s costs.

Months have passed since House and Senate committees marked up the bills late last year and sent them to the floors of their respective chambers, but OPM hasn’t yet made the offset information public. The agency didn’t immediately respond to DC Agenda’s request for an update on the situation.

During a panel discussion last week on the U.S. Census, Mara Keisling, executive director of the National Center for Transgender Equality, took time from her remarks to urge advocates on Capitol Hill to redouble their efforts.

“The LGBT community is very, very serious about getting all these three things done and it does not yet appear that Congress is serious about it,” she said.

Keisling later clarified for DC Agenda that her comments were “just me saying, ‘Hey pass these things.’ It wasn’t me saying, ‘You guys aren’t passing them.’”

“The clock is running down, but there is still time to do it and we have to demand they do it,” she said. “It gets harder and harder for them the longer they put it off. Health care is out of the way — start getting stuff done.”

The window of opportunity for Congress to act on these bills before lawmakers break to run their re-election campaigns is steadily becoming smaller.

After lawmakers return this month, Herwitt said they’ll work through July before they break again for August recess and then do more work in September and October before leaving to focus on re-election.

Herwitt said she’s heard talk about a lame duck session following the November election, but said she doesn’t “know if that will play itself out or not.”

While concerned about the passage of these bills before the end of the year, advocates are anticipating some activity in the coming weeks when lawmakers return from spring break.

Herwitt said she’s expecting the House Education & Labor Committee to take up ENDA and send it to the floor sometime in April or May.

That timetable would square with remarks Rep. Jared Polis (D-Colo.) made to Karen Ocamb, a lesbian Los Angeles-based journalist, that ENDA would pass committee by the end of April and reach the floor a week or two later.

Herwitt said Rep. Barney Frank (D-Mass), the House sponsor of ENDA, has said he’s ready to move forward with the legislation and to have a floor vote.

“This is not new — you even wrote a story about it — the Senate is much more of a challenge for us on ENDA, but I think, at least from HRC’s perspective, getting a strong vote in the House will help us push the Senate forward,” Herwitt said.

Regarding “Don’t Ask, Don’t Tell” repeal, advocates are working to include the language as part of the Senate version of the defense authorization bill when the Senate Armed Services Committee takes up the legislation in May.

“Either it’s in the chairman’s mark or we do it as an amendment, and that’s why we’re focusing very strategically in some of our key states that coincide with many of the members that sit on the Armed Services Committee,” she said.

In the House, Herwitt said gay rights supporters are pushing for an amendment on the floor to include “Don’t Ask, Don’t Tell” repeal as part of the defense authorization bill after the Senate committee takes it up.

Herwitt said advocates are looking at a floor vote in the House as opposed to a committee vote because they “are challenged” with the number of conservative Democrats on the panel and the virtually non-existent support from Republicans.

Supporters of repeal, Herwitt said, are “in a very good place to move forward with a vote” in the House. Rep. Patrick Murphy (D-Pa.), the sponsor of the House bill, has said he has the votes to pass repeal on the House floor.

“We are always, I think, in a better, or I should say, a stronger position, when both bodies act on whatever provision it is that we’re trying to move forward,” she said. “So I think that we’re in a stronger place if we have the language repealing ‘Don’t Ask, Don’t Tell’ in the Senate bill and we have a House floor vote.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Pennsylvania

Erica Deuso elected as Pa.’s first openly transgender mayor

‘History was made.’

Published

on

Erica Deuso (Photo courtesy of LPAC)

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.

Continue Reading

U.S. Supreme Court

LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’

Experts insist Kim Davis case lacks merit

Published

on

Protesters outside of the Supreme Court fly an inclusive Pride flag in December 2024. (Washington Blade Photo by Michael Key)

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.”

Continue Reading

U.S. Supreme Court

Supreme Court rules White House can implement anti-trans passport policy

ACLU, Lambda Legal filed lawsuits against directive.

Published

on

(Bigstock photo)

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.

Continue Reading

Popular