Politics
Labor Dept. says gay couples eligible for family and medical leave
Guidance expected following U.S. Supreme Court decision against DOMA

The Labor Department under Secretary Thomas Perez is preparing guidance for gay couples under the Family & Medical Leave Act. (Washington Blade file photo by Michael Key).
The Labor Department is preparing guidance to inform employers throughout the country that married same-sex couples are now eligible for family and medical leave under the law.
A Labor Department spokesperson affirmed for the Washington Blade the department will issue guidance to inform employers about the change under the Family & Medical Leave Act in the wake of the U.S. Supreme Court decision striking down the Defense of Marriage Act.
“The Wage & Hour Division is working closely with the Department of Justice and looking through all the materials that touch on this issue to determine what public guidance is necessary,” the spokesperson added. “We expect to have additional information available in the near future.”
The Family & Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Prior to the ruling against DOMA, the Labor Department didn’t require employers to grant married gay couples leave if one spouse in the relationship fell ill and needed care because DOMA prohibited federal recognition of same-sex marriage. But with DOMA out of the picture, the Obama administration is free to enforce FMLA on behalf of married same-sex couples.
Tico Almeida, president of Freedom to Work, praised the Labor Department for moving forward with this guidance and credited it to the leadership of the recently confirmed Labor Secretary Tom Perez.
“Freedom to Work endorsed Tom Perez for Labor Secretary because we know him to be a champion for good jobs for everyone, so we are thrilled that the Wage & Hour Division is moving forward now with public guidance that will let employers know that gay and lesbian married couples must be treated with respect when they seek workplace leave to take care of a same-sex spouse that gets into an accident or is diagnosed with an illness,” Almeida said.
In 2010, the Labor Department enacted a change with DOMA in place that enabled a gay employee to take absence under the Family & Medical Leave Act to care for a non-legal, non-biological child of a partner. But that change was obstensibly as far as the Obama administration could go with DOMA in place.
Almeida continued to call for further action in the form of additional guidance saying an existing executive order issued under President Lyndon Johnson prohibiting gender discrimination applies to transgender workers as well. Such guidance would align the Labor Department’s enforcement of the directive with the U.S. Equal Employment Opportunity Commission decision last year in Macy v. Holder interpreting Title VII to protect transgender workers.
“We are told by numerous government sources that it was the White House senior staff that decided to disregard American law and ignore Macy vs. Holder for federal contractors,” Almeida said. “These sources say that the White House has forbidden the Labor Department from doing what everyone knows is morally right and legally correct. Given the incredible passion and intellect that Secretary Perez brings to these important issues, we remain hopeful that he will persuade the White House staffers to stand on the right side of American history.”
2026 Midterm Elections
JD Vance takes swipe at James Talarico’s sexuality during Texas rally
Homophobic joke made during Ken Paxton event
Vice President JD Vance joked that Texas Democratic Senate candidate James Talarico is gay on Tuesday.
While campaigning for Ken Paxton, the Republican Senate candidate and current Texas attorney general, Vance made a joke that seemed to call into question Talarico’s sexuality during a stop in Tyler, Texas.
According to a video uploaded by C-SPAN, Vance responded to a man in the crowd who shouted, “I love you,” at the vice president.
“I love you, too, sir. In a totally platonic way, to be clear. I’m the vice president, not James Talarico,” Vance joked while standing in front of Air Force Two during the rally.
The joke has received negative press coverage and sparked backlash online against the second-in-command at a time when Republicans are struggling to win seats that, months earlier, were widely imagined to be all but entirely theirs.
Talarico, who confirmed he is in a long-term relationship of four years with Brianna Menard, a woman who served as his chief of staff during his time as a Texas state representative, has been an outspoken supporter of LGBTQ rights in the Lone Star State, often drawing criticism from right-wing personalities.
Billy Binion, a reporter for Reason, called out the homophobic joke made by the vice president on X, saying, “I remain amazed and mystified that some of the most powerful people in the world think ‘James Talarico seems gay!!’ is a compelling critique. It’s so desperate and small.”
Directly under a repost of the video, another person posted an old, widely circulated image of Vance in drag wearing a long blond wig, with the caption, “For the record James Talarico has never done this.” The post now has more than 62,000 views and more than 3,000 likes.
The comment is also drawing criticism of Vance over his past anti-LGBTQ actions while in the U.S. Senate. During his two years as a senator prior to Trump’s selection of him as vice president, Vance opposed the Respect for Marriage Act, which codified marriage rights for same-sex couples in federal law. He also co-authored the Protect Children’s Innocence Act, which would have made providing gender-affirming care to minors a felony punishable by up to 15 years in prison.
Vance has also advocated for banning transgender troops from the military, which has become a defining characteristic of the current administration’s efforts to curb diversity and inclusion in the U.S. armed forces.
Additionally, Vance repeatedly referred to opponents of those actions as “groomers,” including in an April 2022 post on X.
“I’ll stop calling people ‘groomers’ when they stop freaking out about bills that prevent the sexualization of my children,” he wrote at the time.
These actions and the vice president’s homophobic rhetoric contrast with Talarico’s official stance on LGBTQ issues. Talarico has been a vocal supporter of LGBTQ rights but is facing recent criticism for backtracking on his support for trans girls and women participating in sports.
Under the “Freedom, Family, and Faith” section of his campaign website, Talarico states that one of his goals is to “protect the legality of gay marriage and defend our LGBTQ+ neighbors from government overreach.”
Paxton’s website, on the other hand, directly calls for Texans to vote for him so he can “defeat the radical transgender movement that’s desperate to put men in girls’ sports and woke indoctrination in our classrooms.”
The Washington Blade reached out to the White House, Talarico’s press office, and Paxton’s office for comment on the story but had not heard back by publication time.
2026 Midterm Elections
Annie Andrews denounces trans athletes after Trump targets her
President used anti-trans slur to describe SC Senate candidate
Days after President Donald Trump called Annie Andrews, the cisgender Democratic nominee for South Carolina’s U.S. Senate seat, an anti-transgender slur on social media, Andrews came out against transgender girls and women participating in sports.
Trump called Andrews a “trannie” on Truth Social while attempting to garner support for her opponent, U.S. Sen. Darline Graham (R-S.C.), the incumbent seeking reelection in South Carolina.
After the president’s use of the slur was widely reported, the incident provided an opportunity for Andrews to explain her position on the ongoing trans debate that has shaped political discourse in the 2020s, despite trans people making up only 1 percent of the U.S. population, according to the Williams Institute.
She used the opportunity to denounce trans rights and pointed out that, as a physician, she had never performed gender-affirming surgery on minors.
“I want you to hear me loud and clear: I don’t support biological men playing women’s sports, and I don’t support and haven’t ever performed gender surgery for minors,” Andrews said in a political ad.
Despite these recent developments, Andrews has previously voiced support for trans South Carolinians. In 2022, she posted on her X account, criticizing the Save Women’s Sports Act, which was signed into law by Republican Gov. Henry McMaster and restricts trans girls from participating on girls’ sports teams.
“This is shameful legislation that does nothing to protect or support women or children in SC. In fact, it is actively harmful. I will always support trans youth,” Andrews wrote in after the legislation passed.
The Washington Blade reached out to Andrew’s campaign about the comments, and asked if she supports trans rights but did not receive a response.
2026 Midterm Elections
On Republican Long Island, gay Democrat Chris Gallant bets on public service over politics
Chris Gallant sat down with the Blade ahead of his race for NY’s 1st congressional district.
New York’s Long Island, which is just 50 miles from the Stonewall Inn, is a reliably red enclave where President Trump won easily in 2024.
Chris Gallant, an openly gay Democrat running for New York’s 1st Congressional District, which includes the eastern side of Long Island, is trying to capitalize on what he sees as growing frustration with the Republican Party and its ability to deliver for everyday Americans.
The Blade sat down with Gallant to discuss his move from civil servant to the fight for public office, how he has been personally impacted by the changes from the Trump administration, and the recent release of photos from his past that have brought the national spotlight his way.
Gallant has a long record of public service that, on paper, would make him an unconventional but compelling candidate for a heavily Republican district. His résumé includes New York Army National Guard service that began when he was 17, multiple overseas deployments, including multiple tours in Kuwait, work as an FAA air traffic controller, union leadership and service as a volunteer firefighter.
That record of service is central to how Gallant describes himself — particularly as he navigates the unusual combination of being an openly gay candidate, a military veteran, and a Democrat running in a district where Republicans have historically held the advantage.
“My fiancé and I both serve in the military and we built our relationship through trust, timing, and a lot of miles between us,” his campaign website says, highlighting the idea of family values that has become a central part of winning the area. “I’ve been openly gay in the military since just after ‘Don’t Ask, Don’t Tell’ ended, and I’ve learned to speak plainly, hold the line, and back up what I say. I’ve also learned how to listen — and how to bring people with very different views to the table and actually make progress.”
Gallant said that record, rather than his sexual orientation, is what should define his candidacy.
“I think who I am as a person is an asset,” he told the Blade when asked if his sexuality has played any role in his decision to run. “I’m not running because I’m gay. I’m running, and,’Oh, I’m gay.’ It’s part of my identity. It’s just a part of who I am. But it’s not necessarily on the table because that shouldn’t make a difference on how I’m going to respond in Congress or how I’m going to run into a burning building. I don’t think those things necessarily matter so much.”
For Gallant, the campaign is ultimately about something broader than identity politics. He said he is running because he wants to restore Americans’ confidence in a government that he says has become less about its people and more about the wealthy leaders in charge.
“I’ve always said that part of the reason why I am running for Congress is because I want to restore faith in our government,” he said. “We’re all drastically exhausted with what’s going on in this world, and particularly with Donald Trump being in office, [his] type of politics, and the way he works, essentially. When Biden got into office after Trump won, it was like the release of a pressure cooker… the pressure cooker is just even worse now this second time around.”
He also explained that his experience working inside the federal government has shaped how he believes Washington should approach its problems. Gallant pointed specifically to the Trump administration’s efforts to reduce the size of government and the role of the Department of Government Efficiency (DOGE), arguing that cutting government spending should not mean indiscriminate cuts.
“I understand that we as a nation need to save money, or at least fix the budget or balance it. We are getting further and further in debt … The budget is always a huge issue and something that we definitely 100% need to fix. But we need to do it with experts and, you know, attack these issues with a scalpel, not a chainsaw.”
The chainsaw Gallant mentioned is a clear reference to controversial Trump supporter Elon Musk, who announced he would be heading the highly politicized DOGE agency, where he, the first-ever trillionaire, brandished a shiny chainsaw symbolic of them cutting government spending with no regard for the impact on everyday Americans.
That philosophy, of scalpel over chainsaw, is also part of Gallant’s argument to voters who may be more accustomed to voting Republican. He does not present himself as a traditional politician, but rather as someone whose career outside politics could be an asset in Congress.
“I’m not a politician. This is my first foray into politics, and I think that’s what our politics need. We need fresh new faces, not career politicians. Someone who has brand new ideas, not tainted by politics. So I would say, give me the opportunity to prove myself, because, you know, until I actually get there and I can actually do a job, we won’t know.”
Gallant also shared signs that the political landscape on Long Island may be shifting. He pointed to gains Democrats made across the district last November and said economic concerns could further erode Republican support.
“Last November, in this district we [Democrats] gained 13 and 14 points across the district..And this district lost by 10 points last year. So even just in one year, you can tell that there’s a difference.”
The swapping of support from the Republican side to Democratic reflects the real concern voters have about the economy — impacted by the war in Iran, tariffs, and growing inflation.
“People are feeling it here in their pockets. The cost of living here on Long Island is already high, and things are just getting worse. There’s a lot of promises that were made with this administration that weren’t kept.”
Gallant said that frustration has directly translated into support from some voters who previously backed President Donald Trump.
“I know a lot of people who have voted for Donald Trump that have my lawn sign on their front lawn today. If that’s the change that they’re looking for, I’m going to provide it.”
But Gallant’s campaign has been complicated by a very different kind of political issue: the publication of photos from his past that have become a national story.
The photos, which include pictures of Gallant wearing various fetish gear for Mr. S Leather — including a harness and a collar — were shared with the New York Post.
Gallant has consistently rejected the idea that he should be ashamed of the images or that they undermine his qualifications for public office since their Sept. 13 publication. Instead, he has argued that his record of service should be considered alongside a private chapter of his life from 15 years ago.
“I mean, look, I’m totally not ashamed of who I am as a person. Those pictures were taken in my private life. I can still run into a burning building faster than most people. I can still fly a helicopter. And those are from 15 years ago, right? I built an entire life based around my commitment to the military and the Army National Guard.”
Rather than allowing the controversy to define him, Gallant said he hopes it can become part of a broader conversation about privacy and the consequences of living in a digital age — and indicated that this sort of scenario would become something semi-regular for those who grew up with technology.
“The reality is that we live in a digital age.This is what our generation is going to be stuck with. I laugh all the time because this is the reason why Congress and the Senate are about to die in their chairs. They didn’t have cameras and pictures and photos like that.”
“If I have to be the person to wave the banner now to fight and advocate for not only our community but anybody that could be put in this situation, that realizes now that we’re living in a digital age and this is what the future is going to be. It’s, you know, everything’s left online now.”
That argument extends beyond his own campaign. Gallant said he worries that the prospect of having a digital footprint scrutinized could discourage highly qualified and passionate potential public servants from seeking office.
“I understand that getting into public life means that the rest of your life becomes public. I get it, I do. But I also feel bad because there’s a lot of good people out there wanting to do a job in the public world, and they’re just afraid of what their digital footprint might have on them or might—what might exist because we’ve done things when we’re 12 or 15, or 20, or 30, or whatever.”
“I think living in this digital world, I would love to advocate for people to say, ‘How do we prevent some of these things from coming out into the public view so people can still maintain some kind of a private life?’”
For an openly gay candidate, the issue also carries a particular significance. Gallant said his experience has made him more interested in advocating for other LGBTQ people who may hesitate to enter public life because of what could eventually surface online.
His own LGBTQ policy priorities are relatively focused. He said adding further protections for same-sex marriage in federal law would be one of the issues he would want to pursue if elected, particularly as questions about the Supreme Court’s future approach to marriage equality continue to loom.
“My partner, who’s my fiancé, is currently deployed. We got engaged before he left in December because if the question came up to the Supreme Court– whether gay marriage was going to be a thing– we had to question whether, when he got back from deployment after Christmas this year, whether we were actually going to be able to legally get married.”
“I mean, these are questions that shouldn’t even be questions anymore. So if we can put something like [codifying same-sex marriage] into law, where it’s just not a Supreme Court decision and it can get overturned, like Roe v. Wade, then let’s do it.”
Gallant’s opponent, Rep. Nick LaLota (R-N.Y.), is the two-term incumbent and has a mixed record on LGBTQ rights. LaLota has been vocal in his opposition to overturning Obergefell v. Hodges, the Supreme Court case that established the constitutional right to same-sex marriage, but he has also been outspoken in his opposition to transgender rights. He co-sponsored and voted for H.R. 28, the Protection of Women and Girls in Sports Act, which would restrict participation in women’s sports based on sex assigned at birth rather than gender identity.
Gallant, on the other hand, has few official positions on LGBTQ issues but assured the Blade that, if elected, he would become “an advocate, particularly for the LGBTQ community.”
He also said he believes same-sex marriage should be codified into law and that nondiscrimination protections should be expanded. “I would definitely be pushing no discrimination against anyone for any reason — and that should not have any place in any workplace — especially on the federal government level.”
For Gallant, however, LGBTQ rights are only one part of a broader platform centered on public service, affordability and restoring trust in government.
He repeatedly returned to the idea that a member of Congress should be accessible to the people they represent — something he believes his experience holding town halls and working directly with members of his community demonstrates.
“I always find that a record of service and showing up every day at work and in our communities is what’s going to be key and important. And I think that’s what a representative needs to do. As a representative you’re supposed to represent and work with the people that elect you to office. And so that’s what I’m going to make sure I start today.”
Current prediction markets give LaLota a significant advantage over his challenger, with the incumbent holding an 81 percent chance of winning compared with Gallant’s 19 percent.
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