News
99 Dems urge State Dept. to recognize citizenship of LGBT couple’s child
Merkley, Harris lead call on Trump administration to drop appeal

A group of 99 congressional Democrats — 80 in the U.S. House, 19 in the U.S. Senate — are calling on the Trump administration to reverse its policy of refusing to recognize the birthright citizenship of children to LGBT families born overseas via surrogacy methods.
The call come in the form of a pair of letters. Leading the letter in the House is Rep. Deb Haaland (D-N.M.) and the co-chairs of the LGBT Equality Caucus, each of an openly LGB member of Congress, including Rep. David Cicilline (D-R.I.), the most senior openly gay member of the U.S. House. In the Senate, Sen. Jeff Merkley (D-Ore.) and Sen. Kamala Harris (D-Calif.) are leading the charge.
Both letters are dated June 6 and addressed to a Secretary of State Mike Pompeo. The House says the Trump administration policy is “discriminatory and cruel”; the Senate calls it “extraordinary and deeply disturbing.”
“Even in the face of the mounting hardship the policy has created for loving families, your department has gone to great lengths to continue to defend a policy in federal court that separates American families before they reach the U.S. border edge,” the Senate letter says.
The Senate letter refers to the case of Andrew and Elad Dvash-Banks, a married same-sex couple — one an American citizen, and one an Israeli national — who had twin sons through a gestational surrogate in Canada.
The State Department, however, required a DNA test to prove the children were related to the couple to provide them U.S. passports. One child, Aiden, was deemed a citizen because he’s the biological son of Andrew, but the other, Ethan, wasn’t because he’s the biological son of Elad.
The Trump administration continues to refuse to recognize the citizenship of Elad despite the U.S. Supreme Court’s decision 2015 decision in favor marriage equality nationwide, which guarantees all the “constellation of benefits” of marriage to same-sex couples.
In a case against the Trump administration filed by Immigration Equality on the basis that the policy violates the Immigration & Nationality. A federal court ruled against the State Department, but the Trump administration has appealed the decision to the U.S. Ninth Circuit Court of Appeals.
According to the Senate letter, the policy against the couple “is not an isolated case” and addition couples have come forward with similar stories.
“Stories after stories have recently been chronicled of same-sex couples being told by your department that their marriages are, by definition, invalid, and that any children they may have abroad risk becoming stateless,” the letter says. “Every new American parent should focus on celebrating the birth of a child, not be consumed with fear that all members of their family may not be welcomed back home to the United States.”
Both letters call on the Trump administration to change the policy. The Senate letter specifically calls on the Trump administration to “immediately drop” the appeal of the Dvash-Banks case and “make it clear that every U.S. married couple is entitled to the same rights under the U.S. Constitution, no matter whom they love.”
A State Department spokesperson declined to comment in response to the senators’ letter.
“We generally do not comment on our communications with Congress,” the spokesperson said. “Due to ongoing litigation, we have no further comment at this time.”
Joining Merkley and Harris in signing the letter was Sens. Edward Markey (D-Mass.), Chris Murphy (D-Conn.), Patrick Leahy (D-Vt.), Bernie Sanders (I-Vt.), Catherine Cortez Masto (D-Nev.), Dianne Feinstein (D-Calif.), Tom Udall (D-N.M.), Jacky Rosen (D-Nev.), Dick Durbin (D-Ill.), Amy Klobuchar (D-Minn.), Tammy Duckworth (D-Ill.), Chris Coons (D-Del.), Cory Booker (D-N.J.), Maggie Hassan (D-N.H.), Ron Wyden (D-Ore.), Bob Casey (D-Pa.), and Tim Kaine (D-Va.).
U.S. Military/Pentagon
Serving America, facing expulsion: Fight for trans inclusion continues on Veterans Day
Advocates sue to reverse Trump ban while service members cope with new struggles
President Trump signed EO 14183, titled “Prioritizing Military Excellence and Readiness,” on Jan. 27, directing the Department of Defense (DoD) to adopt policies that would prohibit transgender, nonbinary, and gender-nonconforming people from serving in the military.
The Trump-Vance administration’s policy shift redefines the qualifications for military service, asserting that transgender people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history or signs of gender dysphoria. According to the DoD, this creates “medical, surgical, and mental health constraints on [an] individual.” Regardless of their physical or intellectual capabilities, transgender applicants are now considered less qualified than their cisgender peers.
On Jan. 28, 2025, GLBTQ Legal Advocates and Defenders (GLAD) Law and the National Center for LGBTQ Rights (NCLR) filed Talbott v. Trump, a federal lawsuit in the U.S. District Court for the District of Columbia challenging the executive order. Originally filed on equal protection grounds on behalf of six active service members and two individuals seeking enlistment, the case has since grown to include 12 additional plaintiffs.
The Washington Blade spoke exclusively with Second Lt. Nicolas (Nic) Talbott, U.S. Army, a plaintiff in the case, and with Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law, who is leading the litigation.
For Talbott, serving in the military has been a lifelong aspiration, one he pursued despite the barriers posed by discriminatory policies.
“Being transgender posed quite the obstacle to me achieving that dream,” Talbott told the Blade. “Not because it [being trans] had any bearing on my ability to become a soldier and meet the requirements of a United States soldier, but simply because of the policy changes that we’ve been facing as transgender service members throughout the course of the past decade… My being transgender had nothing to do with anything that I was doing as a soldier.”
This drive was fueled by early life experiences, including the impact of the Sept. 11 terrorist attacks, which shaped his desire to protect his country.
“Even for an eight-year-old kid, [9/11] has a tremendous amount of impact… I remember thinking, you know, this is a terrible thing. Me, and when I grow up, I want to make sure nothing like this ever happens again,” he said. “I’ve still tried to gear my life in a way that I can be preparing myself to eventually help accomplish that mission of keeping America safe from anything like that ever happening again.”
The attacks inspired countless Americans to enlist; according to the New York City government, 181,510 joined active duty and 72,908 enlisted in the reserves in the year following 9/11. Although Talbott was too young to serve at the time, the events deeply influenced his educational and career path.
“For me, [9/11] just kind of helped shape my future and set me on the path that I’m currently on today,” he added. “It ignited my passion for the field, and it’s something that you know, I’ve carried with me into my adult life, into my professional life, and that I hope to have a career in the future.”
Talbott holds a master’s degree in criminology with a focus on counterterrorism and global security, and while completing his degree, he gained practical experience working with the Transportation Security Administration.
Despite the public scrutiny surrounding the lawsuit and the ongoing uncertainty of his military future, Talbott remains grounded in the values that define military service.
“Being so public about my involvement with this lawsuit grants me the very unique opportunity to continue to exemplify those values,” Talbott said. “I’m in a very privileged spot where I can speak relatively openly about this experience and what I’m doing. It’s very empowering to be able to stand up, not only for myself, but for the other transgender service members out there who have done nothing but serve with honor and dignity and bravery.”
The ban has created significant uncertainty for transgender service members, who now face the possibility of separation solely because of their gender identity.
“With this ban… we are all [trans military members] on track to be separated from the military. So it’s such a great deal of uncertainty… I’m stuck waiting, not knowing what tomorrow might bring. I could receive a phone call any day stating that the separation process has been initiated.”
While the Department of Defense specifies that most service members will receive an honorable discharge, the policy allows for a lower characterization if a review deems it warranted. Compensation and benefits differ depending on whether service members opt for voluntary or involuntary separation. Voluntary separation comes with full separation pay and no obligation to repay bonuses, while involuntary separation carries lower pay, potential repayment of bonuses, and uncertain success in discharge review processes.
Healthcare coverage through TRICARE continues for 180 days post-discharge, but reduced benefits, including VA eligibility, remain a concern. Those with 18–20 years of service may qualify for early retirement, though even this is not guaranteed under the policy.
Talbott emphasized the personal and professional toll of the ban, reflecting on the fairness and capability of transgender service members.
“Quite frankly, the evidence that we have at hand points in the complete opposite direction… there are no documented cases that I’m aware of of a transgender person having a negative impact on unit cohesion simply by being transgender… Being transgender is just another one of those walks of life.”
“When we’re losing thousands of those qualified, experienced individuals… those are seats that are not just going to be able to be filled by anybody … military training that’s not going to be able to be replaced for years and years to come.”
Talbott also highlighted the unique discipline, dedication, and value of diversity that transgender service members bring—especially in identifying problems and finding solutions, regardless of what others think or say. That, he explained, was part of his journey of self-discovery and a key reason he wants to continue serving despite harsh words of disapproval from the men leading the executive branch.
“Being transgender is not some sad thing that people go through… This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today… my ability to transition was essential to getting me to that point where I am today.”
He sees that as an asset rather than a liability. By having a more diverse, well-rounded group of people, the military can view challenges from perspectives that would otherwise be overlooked. That ability to look at things in a fresh way, he explained, can transform a good service member into a great one.
“I think the more diverse our military is, the stronger our military is… We need people from all different experiences and all different perspectives, because somebody is going to see that challenge or that problem in a way that I would never even think of… and that is what we need more of in the U.S. military.”
Beyond operational effectiveness, Talbott emphasized the social impact of visibility and leadership within the ranks. Fellow soldiers often approached him for guidance, seeing him as a trusted resource because of his transgender status.
“I can think of several instances in which I have been approached by fellow soldiers… I feel like you are a person I can come to if I have a problem with X, Y or Z… some people take my transgender status and designate me as a safe person, so to speak.”
With the arrival of Veterans Day, the Blade asked what he wishes the public knew about the sacrifices of transgender service members. His answer was modest.
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that… We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Jennifer Levi, GLAD Law’s Senior Director of Transgender and Queer Rights, also spoke with the Blade and outlined the legal and human consequences of the ban. This is not Levi’s first time challenging the executive branch on transgender rights; she led the legal fight against the first Trump administration’s military ban in both Doe v. Trump and Stockman v. Trump.
Levi characterized the policy as overtly cruel and legally indefensible.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She highlighted procedural abuses and punitive measures embedded in the policy compared to the 2017 ban.
“In the first round the military allowed transgender people to continue to serve… In this round the military policy purge seeks to purge every transgender person from military service, and it also proposes to do it in a very cruel and brutal way, which is to put people through a process… traditionally reserved for kicking people out of the military who engaged in misconduct.”
Levi cited multiple examples of discrimination, including the revocation of authorized retirements and administrative barriers to hearings.
She also explained that the administration’s cost argument is flawed, as removing and replacing transgender service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost… it is far more expensive to both purge the military of people who are serving and also to replace people… than to provide the minuscule amount of costs for medications other service members routinely get.”
On legal grounds, Levi noted the ban violates the Equal Protection Clause.
“The Equal Protection Clause prevents laws that are intended to harm a group of people… The doctrine is rooted in animus, which means a bare desire to harm a group is not even a legitimate governmental justification.”
When asked what she wishes people knew about Talbott and other targeted transgender military members, Levi emphasized their extraordinary service.
“The plaintiffs that I represent are extraordinary… They have 260 years of committed service to this country… I have confidence that ultimately, this baseless ban should not be able to legally survive.”
Other organizations have weighed in on Talbott v. Trump and similar lawsuits targeting transgender service members.
Human Rights Campaign Foundation President Kelley Robinson criticized the ban’s impact on military readiness and highlighted the counterintuitive nature of removing some of the country’s most qualified service members.
“Transgender servicemembers serve their country valiantly, with the same commitment, the same adherence to military standards and the same love of country as any of their counterparts,” Robinson said. “This ban by the Trump administration, which has already stripped transgender servicemembers of their jobs, is cruel, unpatriotic, and compromises the unity and quality of our armed forces.”
Lambda Legal Senior Counsel Sasha Buchert echoed the legal and moral imperative to reverse the policy.
“Every day this discriminatory ban remains in effect, qualified patriots face the threat of being kicked out of the military,” she said. “The evidence is overwhelming that this policy is driven by animus rather than military necessity… We are confident the court will see through this discriminatory ban and restore the injunction that should never have been lifted.”
The White House
Trump targets LGBTQ workers in new loan forgiveness restrictions
A new Trump policy attempts to limit loan forgiveness for federal workers working with LGBTQ issues.
The Trump-Vance administration is moving forward with plans to restrict federal workers from using the Public Service Loan Forgiveness (PSLF) program if their work involves issues related to LGBTQ individuals, immigrants, or transgender children.
Lawsuits were filed last week in more than 20 cities — including Albuquerque, N.M., Boston, Chicago, and San Francisco — challenging the administration’s efforts to withhold loan forgiveness from organizations that oppose the president and his party’s political agenda.
Created by Congress in 2007 and signed into law by then-President George W. Bush, PSLF cancels the federal student loan debts of borrowers who spend a decade or more working in public service. The program covers teachers, nurses, law enforcement officers (including members of the military), and employees of tax-exempt organizations under Section 501(c)(3). Many of those who work to support LGBTQ rights are employed by such organizations — meaning they stand to lose eligibility under the new policy.
As of 2024, more than 1 million Americans have benefited from PSLF, helping erase an estimated $74 billion in student loan debt, according to a Biden-era estimate.
Under the new rule, which takes effect July 1, 2026, the Department of Education will be able to deny loan forgiveness to workers whose government or nonprofit employers engage in activities deemed to have a “substantial illegal purpose.” The power to define that term will rest not with the courts, but with the education secretary.
The rule grants the secretary authority to exclude groups from the program if they participate in activities such as trafficking, illegal immigration, or what it calls the “chemical castration” of children — defined as the use of hormone therapy or puberty-blocking drugs, a form of gender-affirming care sometimes provided to transgender children and teens.
Under Secretary of Education Nicholas Kent defended the change, arguing that the new rule would better serve the American people, despite every major American physician organization research showing gender-affirming care helps more than it harms.
“It is unconscionable that the plaintiffs are standing up for criminal activity,” Kent said in a statement to NPR. “This is a commonsense reform that will stop taxpayer dollars from subsidizing organizations involved in terrorism, child trafficking, and transgender procedures that are doing irreversible harm to children.”
The Williams Institute, a leading research center on sexual orientation and gender identity law and public policy, warned that this — along with other restrictions on federal loan forgiveness — would disproportionately harm LGBTQ Americans. The institute found that more than one-third (35%) of LGBTQ adults aged 18 to 40 — an estimated 2.9 million people — hold over $93.2 billion in federal student loans. About half (51%) of transgender adults, 36% of cisgender LBQ women, and 28% of cisgender GBQ men have federal student loans.
“The proposed restrictions on student loans will particularly affect the nearly one-quarter of LGBTQ adults employed in the public or nonprofit sectors, which qualify for the Public Student Loan Forgiveness program,” said Brad Sears, Distinguished Senior Scholar of Law and Policy at the Williams Institute, who authored a brief on how the proposed changes could impact LGBTQ borrowers. “A recent executive order could potentially disqualify anyone working for an organization involved in gender-affirming care, or possibly those serving transgender individuals more broadly, from the PSLF program.”
Turks and Caicos Islands
Turks and Caicos government ordered to recognize gay couple’s marriage
Richard Sankar and Tim Haymon legally married in Fla. in 2020
The Turks and Caicos Islands’ Supreme Court has ruled the British territory’s government must recognize a same-sex couple’s marriage.
Richard Sankar, a realtor who has lived in the British territory for nearly three decades and is a Turks and Caicos citizen, married Tim Haymon in Fort Lauderdale, Fla., in 2020.
Haymon, who is American, in August 2021 applied for a spousal exemption under the Turks and Caicos’ immigration law on the basis of his status as a spouse that would have allowed him to legally live and work in the territory.
The Turks and Caicos’ Director of Immigration initially denied the application because its definition of marriage used does not include same-sex couples.
Haymon and Sankar filed their lawsuit in October 2021. The Supreme Court heard the case in November 2022.
The court in March 2024 ruled the government’s refusal to issue a work permit exemption for Haymon violates the Turks and Caicos’ constitution that bans discrimination based on sexual orientation. The government appealed the decision, and the Supreme Court heard it in January 2025.
The Supreme Court in September dismissed the government’s appeal. It released its decision on Oct. 27.
Stanbrook Prudhoe, a law firm in the Turks and Caicos, represents Haymon and Sankar.
“Just like any other spouse coming to the Turks and Caicos Islands and marrying a Turks and Caicos islander, we’re just wanting the same rights,” Haymon told the Blade during a March 2024 interview.
Haymon told the Blade he has received his “spousal certificate that gives me residency and the right to work” in the British territory in the British territory. The government appealed a Magistrate’s Court’s 2022 that ordered it to give him the certificate, but the Supreme Court denied it.
The Supreme Court ordered the Director of Immigration to grant Haymon a residence permit. He told the Blade he received it on Monday.
The Turks and Caicos are a group of islands that are located roughly 650 miles southeast of Miami.
Consensual same-sex sexual relations have been decriminalized in the British territory since 2001.
The constitution states “every unmarried man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and found a family.” The constitution also says “every person in the islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, without distinction of any kind, such as race, national or social origin, political or other opinion, color, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth, or other status.”
Then-Cayman Islands Grand Court Chief Justice Anthony Smellie in 2019 ruled same-sex couples can legally marry in the Cayman Islands. The Caymanian Court of Appeal later overturned the decision, and the British territory’s Civil Partnership Law took effect in 2020.
Then-Bermuda Supreme Court Justice Charles-Etta Simmons in 2017 issued a ruling that paved the way for gays and lesbians to legally marry in the British territory. The Domestic Partnership Act — a law then-Gov. John Rankin signed that allows same-sex couples to enter into domestic partnerships as opposed to get married — took effect in 2018.
Bermuda’s top court later found the Domestic Partnership Act unconstitutional. The Privy Council, a British territories appellate court in London, upheld the law. It also ruled same-sex couples do not have the constitutional right to marry in the Cayman Islands.
The Turks and Caicos government has until Nov. 24 to appeal the Supreme Court decision. It remains possible the Privy Council’s Judicial Committee could hear Haymon and Sankar’s case.
-
U.S. Supreme Court1 day agoSupreme Court rejects Kim Davis’s effort to overturn landmark marriage ruling
-
District of Columbia5 days ago‘Sandwich guy’ not guilty in assault case
-
U.S. Supreme Court5 days agoSupreme Court rules White House can implement anti-trans passport policy
-
U.S. Supreme Court4 days agoLGBTQ legal leaders to Supreme Court: ‘honor your precedent, protect our families’
