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Democrats in danger and playing defense

Pro-LGBT Senate allies Reid, Feingold, Boxer face tough re-election battles

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U.S. Senate Majority Leader Harry Reid is one of several pro-LGBT lawmakers facing a tough battle for re-election this fall. (Photo courtesy of Reid's office)

Several veteran senators viewed as supportive of LGBT rights are facing tough re-election campaigns, prompting some activists and lobbyists to gear up for a defensive battle this fall.

Mike Mings, director of the Human Rights Campaign’s political action committee, said his organization is “certainly aware” that Democrats face a more difficult environment than in the previous two congressional elections.

“I think the Democrats were able to play offense in the last two cycles in a way that has created a different field today,” he said. “So, they’re [now] really looking at defense.”

Recently published polls brings into stark relief the troubling news for several incumbent U.S. senators. Rasmussen unveiled numbers last week showing Senate Majority Leader Harry Reid (D-Nev.) trailing potential Republican opponents by double digits.

According to the polls, Reid would lose in a match with former Nevada Republican Party Chair Sue Lowden, 54-39; in a contest between Reid and former State Assembly member Sharron Angle, he trails 51-40; and in a contest against attorney Danny Tarkanian, Reid comes up short again, 49-42.

Viewed as an LGBT ally on Capitol Hill, Reid was involved last year in the decision to attach the hate crimes bill to the defense authorization bill and has often spoken in favor of ending “Don’t Ask, Don’t Tell” in the U.S. military.

Also last year, Reid was the highest-ranking elected public official to endorse the National Equality March in D.C. A Mormon, Reid also reportedly criticized the Church of Jesus Christ of Latter-day Saints for backing Proposition 8, which ended same-sex marriage in California.

Another longtime senator who could face an uphill re-election fight is Sen. Russ Feingold (D-Wisc.). A Wisconsin Public Radio/St. Norbert College poll published last week found him behind Tommy Thompson, a former Wisconsin governor and former secretary of the U.S. Department of Health & Human Services who’s reportedly considering entering the Senate race.

In a hypothetical matchup, Feingold would lose to Thompson 45-33, according to the poll.

In 1996, Feingold was one of 14 senators to vote against the Defense of Marriage Act. Now a co-sponsor of the Employment Non-Discrimination Act and legislation to overturn “Don’t Ask, Don’t Tell,” Feingold introduced a resolution earlier this year to condemn legislation pending in Uganda that would institute the death penalty as punishment for those convicted of homosexual acts.

Also facing a tough re-election bid is Sen. Barbara Boxer (D-Calif.). A poll published late last month by the Public Policy Institute of California found her in a dead heat with three potential Republican opponents.

According to the poll, Boxer would be essentially tied with former congressman Tom Campbell, with him leading 44-43. She would also be in a dead heat with former Hewlett-Packard CEO Carly Fiorina, with Boxer leading 44-43. Late last month, The Hill newspaper’s election forecasters moved the race from “leans Democratic” to “toss-up.”

Boxer was also among the 14 senators to vote against DOMA in 1996. A co-sponsor of ENDA and of legislation to overturn “Don’t Ask, Don’t Tell,” Boxer last month introduced a bill that would allow same-sex domestic partners to have the same access to COBRA benefits as married couples in some circumstances.

Rose Kapolczynski, Boxer’s campaign manager, said the senator has “always expected a tough race” and has been “working for months to build a broad coalition of Californians from every background and walk of life.”

“With the active involvement of our supporters in the LGBT community and so many others, we will be able to reach out to the millions of Californians who will vote in November,” Kapolczynski said. “We need to do more to let California voters know that Barbara Boxer is focused on creating jobs and turning the economy around.”

The campaigns for Feingold and Reid didn’t respond to DC Agenda’s request for comment.

Mings said he couldn’t predict whether these senators would emerge victorious in their re-election campaigns. Still, he noted that they have an advantage because they’re incumbents, who traditionally fare better in elections.

“It’s not necessarily as big an advantage this year to be an incumbent as it is in other cycles, but it’s still [a] humongous advantage to be [an] incumbent, in terms of visibility, in terms of the organization and operations that they have, so I certainly wouldn’t count any of them out,” Mings said.

Hari Sevugan, press secretary for the Democratic National Committee, said in a statement that it’s important for LGBT people to support these Democrats in their re-election campaigns because the party “values equality, inclusion and fairness.”

“From expanding partnership benefits in the workplace to lifting the ban on travel for those living with HIV/AIDS, from passage of hate crimes legislation to beginning to end [‘Don’t Ask, Don’t Tell] — we have worked to advance gay-rights in all corners of our society,” he said. “It’s not where we want to be yet, but we are moving forward.”

Sevugan warned “the progress we made could be lost” and “we could once again move backward” if Democrats aren’t re-elected or lose their control of Congress.

“We’ve seen what’s happened in Virginia where a Republican governor has taken the Commonwealth backward in history,” he said. “That is why we are committed to working with the LGBT community to elect allies that will continue to move the country toward fulfilling its promise of equality and justice for all.”

Mings said HRC has already given the maximum allowed donations of $10,000 each to Reid and Boxer to help them with their re-election campaigns. For Feingold’s race, Mings said HRC is waiting to see if Thompson will enter the fray.

“If he does, obviously, that changes our calculation quite a bit,” Mings said. “We need to step in and make sure that we’re engaging our membership in Wisconsin as much as possible to help [Feingold].”

In addition to moving to protect senators, Mings said HRC donated the maximum of $5,000 last year to many vulnerable allies in the U.S. House who are part of the Democratic Congressional Campaign Committee’s Frontline Program.

“We don’t support all of those folks because some of them are pretty conservative Southerners or just conservative Blue Dogs, but we did make endorsements of a lot of those folks in late 2009 and made PAC contributions to them to try and help them with early money to boost their early financial filings,” Mings said.

Marty Rouse, HRC’s national field director, said his organization for now is focused on field work that seeks to persuade key senators to vote in favor of “Don’t Ask, Don’t Tell” and is “still trying, where we can, to mobilize in support of ENDA, expecting a vote in the House in next couple weeks.”

But around mid-to-late summer, Rouse said HRC will “pivot big time and shift all of our resources” to re-electing supporters in Congress, especially in the Senate.

“Clearly it’s going to take a few months to really flesh out, but our membership is already being messaged that our No. 1 priority this fall is going to be to re-elect our friends and mobilize our members as much as possible,” Rouse said.

Rouse said HRC will be as “strategic as possible” in determining the best way to support its allies, but it’s too early to say what exactly the plan will be. Rouse noted that polling data for these races is still early and many states still have primary elections.

“What is clear right now is that we’ll be spending the significant amount of our resources on defense and protecting our friends and making sure that they’re back there in 2011 and beyond,” he said.

Even with HRC’s field team working to re-elect these senators, Rouse said it’s important for LGBT people to look to themselves to ask what they’re doing to help in the election.

“One can discuss and look at the polls about where Harry Reid is, how’s he doing, and what’s going on, but the fact of the matter is we need to make sure that anyone we know that lives in Nevada is working as hard as they can to help re-elect Harry Reid,” Rouse said. “So we can ask those questions, but we really have to ask, ‘What are you doing to make sure that Harry Reid gets re-elected? What are you doing to help make sure Barbara Boxer gets re-elected?’”

Rouse said it’s important that LGBT people are visible and working to help the re-election of congressional supporters.

“Once we’re in full election mode, we need to be there on the campaign trail supporting our allies and working really hard to be visible in helping them be re-elected because they will remember that we are there,” he said.

But could incumbent lawmakers become victims of political apathy among LGBT people if legislative priorities like ENDA and repeal of “Don’t Ask, Don’t Tell” don’t move this year?

Michael Cole, an HRC spokesperson, said LGBT voters are “certainly” looking to this Congress for “action on pressing equality issues” and will be mindful of this progress as November approaches.

“That being said, there are a number of pro-LGBT champions up for reelection this year who have the record to deserve whole hearted support from the community,” he said.

But Jimmy LaSalvia, executive director for GOProud, a gay conservative group, said LGBT voters should carefully consider whether to support incumbent lawmakers this year.

“There [are] a lot of issues that gay people care about and there isn’t a single one of those Democrats, in my opinion, who have done anything that I would deem worthy of re-election,” LaSalvia said. “So ask yourself as a gay voter, ‘Well, what have they done that I agree with?’ And I’ll bet you that gay and lesbian [voters] can look at any of those senators and say, ‘You’re fired!’”

Should enough Democrats lose their seats this fall, control of either chamber of Congress could switch hands. Republicans would have to take 10 seats in the Senate and 41 seats in the House to regain control of both chambers of Congress. Such a loss of control would recall the 1994 election, when Republicans retook control of the House and Senate during Democratic President Bill Clinton’s first term in office.

LaSalvia said it’s too early to tell whether Democrats will lose control of Congress this fall, but noted that the situation would become clearer as the year progresses.

“I think it’s way too early to tell, but certainly they would lose seats, and all signs [show] gains by the Republicans,” he said. “I think that we’ve got a long summer ahead of us and the electoral picture and landscape will be a lot clearer when we get to September.”

Mings said he didn’t think Democrats would lose control of Congress because not enough seats are in jeopardy, but he noted that polling and fundraising numbers indicate the party will lose some seats.

“So the thing that’s important to remember is that a lot of people were caught off guard in 1994, and that’s something the Democrats are not going to let happen this time,” he said. “They’re really making sure that their folks are prepared for a really tough, brutal, expensive election and they’re out there really trying to show that their candidates are doing that.”

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Pennsylvania

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

‘History was made.’

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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.

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U.S. Supreme Court

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

Experts insist Kim Davis case lacks merit

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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.”

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U.S. Supreme Court

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

ACLU, Lambda Legal filed lawsuits against directive.

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(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.

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