National
Gay couples lobby Congress on immigration reform
‘We live in a very uncertain and scary place’

Shirley Tan, Jay Mercado and children Jorienne and Jashley Mercado. (Washington Blade photo by Blake Bergen)
For Shirley Tan and Jay Mercado, the debate on comprehensive immigration reform in Congress is a make-or-break moment that will determine whether their family can remain together in the United States.
The California couple, among the estimated 36,000 bi-national same-sex couples living in the United States, paid a visit to Capitol Hill on Wednesday along with other couples for a lobby day bearing a singular message: include the Uniting American Families Act as part of larger immigration reform.
Tan, a 47-year-old Philippines native who was denied asylum in 2009 and has since been threatened with deportation, said the inclusion of UAFA would be incredibly meaningful for her San Francisco-based family — as well as for other bi-national couples.
“My partner Jay, for 27 years, is faced with the problem of whether she has to quit her job and take everybody back to the Philippines,” Tan said. “She has an ailing mother who is on dialysis treatment right now, and I’m the one taking care of her, so don’t know if we have to put her in the home, and what about the kids? The Philippines is a foreign country to them.”
About 50 gay, bi-national couples from 26 states came to Capitol Hill on Wednesday as part of a lobby day effort organized by the LGBT group Immigration Equality.
Rachel Tiven, executive director of Immigration Equality, called the lobbying by the couples “really a huge asset” in ensuring protections for same-sex couples are included as part of immigration reform.
“These families today are here to look their members of Congress [in the eye], especially look their senators in the eye, one more time and tell them how much this matters to LGBT families,” Tiven said. “Everyone here knows that they’re representing not only themselves, not only their state, but they’re representing all the LGBT immigrants around the country, and around the world, that are waiting for change.”
Bi-national same-sex couples, where one individual is a foreign national and another is a U.S. citizen, are threatened with separation under current immigration code once the foreign national in the relationship falls out of legal status.
Straight Americans can sponsor their partners for residency in the United States, but that option isn’t available to gay Americans because of the Defense of Marriage Act and because they can’t marry in many places within the country. UAFA would enable gay Americans to sponsor their foreign partners for residency.
The moment for these bi-national same-sex couples will come soon. LGBT advocates are expecting an amendment along the lines of UAFA, which would enable gay Americans to sponsor their partners for residency in the United States, to come up when the Senate Judiciary Committee votes on the comprehensive immigration reform bill that was produced by the “Gang of Eight.”
On Wednesday, the couples met with a variety of lawmakers from across the country. On the agenda for Tan and Mercada was a meeting with staffers for Sen. Dianne Feinstein (D-Calif.). A member of the committee, Feinstein has yet to make a public statement on whether she’ll support UAFA as part of immigration reform.
Mercado, 52, said the meeting went well, but the staffer for the California senator wouldn’t make promises about how she’d vote if a UAFA amendment came before the committee.
“She doesn’t know the exact answer from the senator, but she’s positive that she will be doing the right thing,” Tan said. “They saw a lot of the families that are affected, and most of the families that are affected by, the most bi-national couples, are in California. They say it’s about 10,000 couples in California alone.”
Feinstein’s office is staying quiet about whether she will support UAFA. Asked by the Washington Blade whether she’ll vote in favor of the legislation as an amendment to comprehensive immigration reform, Brian Weiss, a Feinstein spokesperson, said on Wednesday, “Sen. Feinstein is taking a look at the legislation. No announcement at this time.”
The California senator’s silence on UAFA is striking because the former San Francisco mayor is known for being a strong supporter for LGBT rights. She’s been the lead sponsor of legislation aimed at repealing the Defense of Marriage Act. Feinstein has also introduced a “private bill” limited to Tan and Mercado to keep them together in the United States.
The couple also met with Rep. Jackie Speier (D-Calif.), another UAFA co-sponsor, who gave her personal assurances that she’d vote in favor of a UAFA amendment as part of immigration reform once the legislation comes over to the House.
Tan and Mercado have made their case on Capitol Hill before. In 2009, Tan testified before the Senate on the importance of passing UAFA. Her testimony at the time, in which she recalled her arrest in 2009 when immigration officials took her from her home, was considered moving. It inspired tears from her children, to whom Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) said their mother was a brave woman.
Jorienne and Jashley Mercado — now 16 — accompanied their parents for the lobby day on Capitol Hill to help make the case for UAFA and had an audience with Leahy himself, the sponsor of UAFA in the Senate, four years after that hearing.
“We thanked him for supporting our families and being a champion for our families, that he’s helping out all of us,” Jashley said. “He said, ‘I’m glad that I’m helping you guys because you guys are really an inspiration.'”
Jorienne said passage of UAFA as part of immigration reform would offer his family assurances that his mother would be able to stay in the country without fear of deportation.
“It would mean a tremendous amount to our family because our mom is such an integral part of our family,” Jorienne said. “If we don’t have her here with us, then we’re not a family.”
Despite words from supporters like Leahy, it’s not clear UAFA will ultimately be included in immigration reform. The Associated Press reported earlier this week that Democrats are “treading carefully” because they’re wary of adding another issue to immigration reform that has already been attacked by conservatives like Sens. Lindsey Graham (R-S.C.) and John McCain (R-Ariz.).
Still, Tiven maintained inclusion of same-sex couples in the larger vehicle would motivate the LGBT community to act.
“The LGBT community is a tremendous asset to pushing comprehensive immigration reform forward to the finish line,” Tiven said. “The LGBT community has proven over and over again — at the state level, at the federal level — we know how to get things done. We know how to pass legislation and we are bringing our power to LGBT-inclusive immigration reform.”
‘We still live in a very uncertain and scary place’
Also among the couples on Capitol Hill was Sam Conlon and Gary Wanderlingh, who reside in New Fairfield, Conn. Wanderlingh is seeking the opportunity to sponsor Conlon, a British national, for residency in the United States. Married in Connecticut in 2011, the couple has twice filed spousal petitions that were both denied on March 29.
While relocating to the United Kingdom is an option for the couple, Wanderlingh, 43, said he doesn’t want to leave New Fairfield because he’s taught in the same school district for 18 years. He’d lose his pension and would have to renew his teacher certification if he moved overseas.
“The most compelling thing is my elderly mother, where unfortunately my father passed away on what would have been our wedding day, our scheduled wedding day,” Wanderlingh said. “I made a promise to him that I would take care of mom, though now I’m being faced with the choice of breaking the promise that I made to Sam to be together for the rest of our lives.”
Upon their visit to Capitol Hill, the couple visited the office of Sen. Richard Blumenthal (D-Conn.), who’s already a UAFA co-sponsor. Conlon said they also spoke with staffers for Sen. Chris Murphy (D-Conn.) and Rep. John Larson (D-Conn.), and while they were supportive, received no commitments. Neither Murphy’s office nor Larson responded to the Blade’s request for comment on UAFA.
Conlon, 36, said he’s glad there’s an opportunity to have immigration reform passed that would help his family.
“We’re glad to see that there is a buzz around this,” Conlon said. “It’s very encouraging to see the winds changing in our direction in the last few months. But there’s never any guarantees, until it’s passed, until we know we have rights, we still live in a very uncertain and scary place.”
There could be another option for bi-national same-sex couples who are married. If the U.S. Supreme Court issues a ruling that strikes down Section 3 of DOMA, gay Americans could begin sponsoring their same-sex spouses for residency within the country. However, it’s not certain the court will strike down DOMA and other issues could arise in which UAFA would be needed.

Ben Story and Brandon Perlberg (Washington Blade photo by Blake Bergen)
Brandon Perlberg, 35, and Benn Storey, 31, who are living in exile in London after Perlberg, a U.S. citizen, had lived in New York City for 15 years and Storey, a British national, lived there for seven years. Although they aren’t married, they’re engaged and planning a London wedding.
Perlberg, an attorney, explained he chose to live in exile with Storey, who couldn’t remain in the United States after his work visa expired and he couldn’t get a green card through his employer.
“Because I can’t sponsor him for a green card, it became clear that Benn was going to have to move to the U.K., and that meant that I had to make a decision over whether I was to live my life in the country, or move to England with the person that I love,” Perlberg said. “I chose the latter. We moved to the U.K. in 2012. UAFA is the bridge; UAFA is the instrument that gives us the ability to return to the United States.”
The couple met with staffers for lawmakers from New York — Reps. Hakeen Jeffries (D) and Carolyn Maloney (D) — and had plans to meet with staffers for Sens. Chuck Schumer (D-N.Y.) and Kirsten Gillibrand (D-N.Y.), who co-sponsor UAFA.
“When you meet with a staffer, they can’t give you a firm position,” Perlberg said. “But I think that the meetings were generally positive. People seemed to understand our position, and as well, they seem to get that it’s not just about the couple, it’s about the couple’s family, it’s about the couple’s employers, it’s about the people that the couple relates to.”
Not every individual lobbied members of Congress with their significant other. Michael Upton, a gay 49-year-old South Hero, Vt., resident, came to Capitol Hill by himself because his partner of more than five years, a Brazilian national, is unable to come into the United States.
“It’s awful,” Upton said. “We’ve never been able to be together. He’s never met my family. My dad actually recently passed away. We petitioned for humanitarian parole so he could be there in Vermont, so we would have to choose. It was denied. I was in Brazil when my father died, so I couldn’t be with my family.”
Because the two live apart in different countries, Upton said he had to give up his job at the Veteran’s Administration caring for troops coming home from Iraq and Afghanistan to become a federal contractor so he could he have more flexibility to travel to see his partner.
Upton said he met on Capitol Hill with Leahy, and said the senator told him he’d do everything he could to ensure immigration reform is amended to include UAFA. Upton said he also met with staffers for gay Rep. Mark Pocan (D-Wis.) and Rep. Bill Owens (D-N.Y.), who also expressed support.
For Upton, passage of UAFA as part of immigration reform is the last hope for him and his partner to stay together in the United States. While he’s hopeful, he also realizes there’s no guarantee.
“This is the difference between whether or not we can continue,” said Upton as his eyes welled with tears. “I’m hopeful, but I’ve been hopeful about a number of opportunities for John to come and they’ve fallen flat. My state has the champion for this issue, and I think he’s completely committed, and he’s one of the most powerful men in the Senate, so if anybody can do it, he can.”

Bi-national same-sex couples lobby Congress to include UAFA as part of immigration reform. (Washington Blade photo by Blake Bergen)
CORRECTION: An earlier version of this article incorrectly attributed quotes to Sam Conlon and Gary Wanderlingh. Additionally, the article incorrectly suggested UAFA could be an alternative for gay Americans to sponsor their foreign partners for residency in the United States after DOMA is struck down if their relationship isn’t a legal marriage. However, UAFA won’t be operative for these couples after DOMA is gone because Section 2, Part D of UAFA states the law doesn’t apply to couples who are able to enter into “a marriage cognizable under the Act,” which would be all bi-national couples in a post-DOMA world. The Blade regrets the errors.
Lavi Soloway, a gay immigration attorney and co-founder of The DOMA Project, explained further the situation for bi-national couples in a post-DOMA world.
“After Section 3 of DOMA is struck down, many unmarried lesbian and gay binational couples will marry in the states or countries where marriage is legal for same-sex couples,” Soloway said. “Those couples already living in ‘marriage equality’ states will be able to marry where they live, while other couples will travel out of state to marry as gay and lesbian couples do every day in this country. Thousands of bi-national couples who are separated or exiled abroad and who are not married, may be eligible to petition for fiance visas so that the foreign partner can come to the United States to marry and to apply for a green card based on that marriage. Because immigration law is so complicated and so much is at stake in these cases, all binational couples are strongly advised not to take any action after the Supreme Court rules on DOMA without first seeking legal counsel. “
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.
U.S. Supreme Court
LGBTQ legal leaders to Supreme Court: ‘honor your precedent, protect our families’
Experts insist Kim Davis case lacks merit
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.”
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
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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