National
WHAT A YEAR!
Our picks for the top national and international stories of 2013

(Washington Blade file photo by Michael Key)
It was perhaps the biggest year yet for the LGBT rights movement in the United States, as the Supreme Court made history by striking down Prop 8 and part of the Defense of Marriage Act. More states legalized marriage in its wake. Elsewhere in the world, the Catholic Church got a new pope who seemed to break with his predecessor over gay rights, among other issues.
Here are the Blade staff’s picks for the year’s top 10 national and international stories.
#1 Supreme Court strikes down DOMA, Prop 8

The plaintiffs in the Proposition 8 case at the Supreme Court emerge victorious with lawyer David Boies, Human Rights Campaign President Chad Griffin and American Foundation for Equal Rights Executive Director Adam Umhoefer. (Washington Blade file photo by Michael Key)
The U.S. Supreme Court issued a pair of historic decisions against the Defense of Marriage Act and California’s Proposition 8 in a news event we have dubbed the story of the year.
In a 5-4 decision, the court struck down Section 3 of DOMA, the 1996 Clinton-era law that prohibited the federal government from recognizing same-sex marriage. In a separate 5-4 decision issued at the same time, the court ruled the proponents of Prop 8 couldn’t defend the initiative in court, allowing a district court ruling to stand that determined the 2008 amendment was unconstitutional.
Writing for the majority in the decision against DOMA, U.S. Associate Justice Anthony Kennedy emphasized the harm the anti-gay law causes married same-sex couples.
“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity,” Kennedy wrote. “By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.”
The DOMA lawsuit was brought by New York widow Edith Windsor as a result of having to pay $363,000 in estate taxes in 2009 upon the death of her spouse, Thea Spyer. Windsor became a symbol of the marriage equality movement and was named by Time magazine as its No. 3 pick for “Person of the Year” after her victory at the Supreme Court.
The ruling against Prop 8 restored marriage equality to California. Thousands of same-sex couples — beginning with plaintiffs Kris Perry and Sandra Stier, who were wed by California Attorney General Kamala Harris at San Francisco City Hall — began to marry after the U.S. Ninth Circuit Court of Appeals gave the go-ahead weeks after the decision.
Immediately after the ruling against DOMA, the Obama administration pledged to work toward implementing the decision to allow for the recognition of same-sex marriage by the federal government. At a news conference during a trip to Africa, President Obama pledged to make the federal benefits of marriage as widely available as possible.
“It’s my personal belief — but I’m speaking now as a president as opposed to as a lawyer — that if you’ve been married in Massachusetts and you move someplace else, you’re still married, and that under federal law you should be able to obtain the benefits of any lawfully married couple,” Obama said.
Then-Secretary of Homeland Security Janet Napolitano issued guidance saying bi-national same-sex couples would be able to apply for marriage-based green cards to enable them to stay in the United States. The U.S. Office of Personnel Management announced that spousal benefits, including health and pension benefits, would begin to flow to gay federal employees. Perhaps most significantly, the Internal Revenue Service announced it would recognize the marriages of same-sex couples for tax purposes — even if they file tax returns while living in a non-marriage equality state.
Defense Secretary Chuck Hagel also announced that service members in same-sex marriages would be able to receive spousal benefits, including health, pension and housing benefits. Several national guards with state constitutional amendments banning same-sex marriage said they would be unable to process these benefits, but after a second edict from Hagel saying they must comply, each of those states fell in line.
Within a few short months, the ruling against DOMA also helped accelerate the path toward marriage equality throughout individual states. In Ohio, a federal judge recognized the marriage of a same-sex couple that married at BWI airport because one of the partners in the relationship was dying of Lou Gehrig’s disease. Later, a New Jersey superior court ruled the state’s civil union law was insufficient — a decision the State Supreme Court let stand upon appeal from New Jersey Gov. Chris Christie, who later the dropped the lawsuit.
Doug NeJaime, a gay law professor at the University of California, Irvine, said this movement so soon after the Windsor ruling “was anticipated” given the language that Associate Justice Anthony Kennedy used in his opinion.
“Given the flurry of activity, and the quick decisions coming out of places like Ohio, this may mean that the Supreme Court may not be able to avoid the question regarding the constitutionality of state marriage bans as long as some of the justices may hope,” NeJaime said.
#2 States, countries extend marriage rights

Hawaii Gov. Neil Abercrombie on Nov. 13, 2013, signed his state’s same-sex marriage bill into law. (Photo courtesy of State of Hawaii/Office of the Governor)
The movement for marriage rights for same-sex couples made significant advances in the U.S. and around the world in 2013.
In addition to Maryland and Delaware, gays and lesbians began to legally marry in California, Rhode Island, New Jersey, Minnesota and Hawaii. Illinois’s same-sex marriage law that Gov. Pat Quinn signed last month will take effect in June.
New Zealand and Uruguay also extended marriage rights to same-sex couples in 2013.
Brazil’s National Council of Justice in May nearly unanimously ruled that registrars in the South American country cannot deny marriage licenses to same-sex couples.
Gays and lesbians in England and Wales on March 29 will begin to exchange vows after the British Parliament over the summer approved a same-sex marriage bill. An identical measure cleared its first hurdle in the Scottish Parliament last month.
The legal process to extend marriage rights to same-sex couples in Mexico continued to gain ground in Baja California, Guanajuato, Jalisco and other states in 2013. A handful of gays and lesbians have exchanged vows in Colombia, but the country’s attorney general has challenged some of them.
Croatian voters on Dec. 1 approved a constitutional amendment that defines marriage as between a man and a woman. The Australia High Court on Dec. 11 ruled a law that extended marriage rights to same-sex couples in the country’s capital is unconstitutional.
#3 Senate passes ENDA; House version stalls

Sen. Tammy Baldwin (D-Wis.) spoke in a press conference following the passage of the Employment Non-Discrimination Act in the U.S. Senate. (Washington Blade photo by Michael Key).
For the first time in history, the U.S. Senate approved with bipartisan support this year a long sought piece of legislation that would bar employers from discriminating against or firing workers based on their sexual orientation or gender identity.
By a vote of 64-32, the Employment Non-Discrimination Act passed the Senate, marking the first time that either chamber of Congress has passed a version of the bill with protections for transgender workers. A total of 10 Republicans joined the entire Democratic caucus present in voting for the bill.
Prior to the vote, Sen. Jeff Merkley (D-Ore.), ENDA’s chief sponsor, delivered a speech on the Senate floor recognizing the historic nature of the moment.
“I look forward to this vote, this vote for liberty, this vote for freedom, this vote for opportunity, this vote for a fair and just America,” Merkley said.
Despite a push to bring up the legislation in the House, momentum on ENDA seems to have stalled as the legislation has capped out at 201 sponsors and House Speaker John Boehner (R-Ohio) has continually said he opposes it.
“I understand people have differing opinions on this issue, and I respect those opinions,” Boehner said in response to a question from the Washington Blade. “But as someone who’s worked in the employment law area for all my years in the State House and all my years here, I see no basis or no need for this legislation.”
#4 Russia’s LGBT crackdown sparks outrage

Activists protested in front of the Russian embassy several times throughout the year following the passage of anti-gay laws in the country. (Washington Blade photo by Damien Salas)
The Kremlin’s LGBT rights crackdown sparked widespread outrage this past year amid preparations for the 2014 Winter Olympics that will take place in Sochi, Russia, in February.
Russian President Vladimir Putin in June signed a broadly worded bill into law that bans gay propaganda to minors. A second statute that bans foreign same-sex couples and any couple from a country in which gays and lesbians can marry from adopting Russian children took effect in July.
LGBT rights groups and other organizations that receive funding from outside Russia could face a fine if they don’t register as a “foreign agent.”
“These laws are aimed at driving LGBT people back into silence, back underground, back to the invisibility,” Polina Andrianova of Coming Out, a St. Petersburg-based LGBT advocacy group, told the Washington Blade during an August interview.
Playwright Harvey Fierstein is among those who have called for a boycott of the Sochi games in response to Russia’s LGBT rights crackdown. The International Olympic Committee and the U.S. Olympic Committee have also faced criticism from those who feel they have not done enough to publicly criticize the Kremlin over the gay propaganda law.
“The U.S. Olympic Committee has been complicit in this act of aggression because they say we respect Russia’s right to do this,” U.S. Rep. Ileana Ros-Lehtinen (R-Fla.) told the Washington Blade in late September before the USOC added sexual orientation to its anti-discrimination policy. “That is not worthy of Olympic standards.”
Retired Olympic diver Greg Louganis on Dec. 13 told the Blade that gay MSNBC anchor Thomas Roberts should not have co-hosted the Miss Universe 2013 pageant in November in Moscow. The four-time gold medalist also said gay singer Elton John should not have performed in Russia earlier this month.
“It just seems like all they’re doing is lending credibility to what’s going on there,” said Louganis.
#5 LGBT Catholics welcome Pope Francis

‘If a person is gay and seeks the Lord and is of good will, who am I to judge him,’ said Pope Francis. (Photo by Agência Brasil; courtesy Wikimedia Commons)
LGBT Catholics in 2013 welcomed Pope Francis’ more moderate tone toward gays.
The College of Cardinals on March 16 elected the former archbishop of Buenos Aires to succeed Pope Benedict XVI who abruptly resigned in February.
The Argentine pontiff said during a September interview with an Italian Jesuit newspaper that the Roman Catholic church has grown “obsessed” with nuptials for gays and lesbians, abortion and contraception. These comments came roughly two months after he told reporters as he returned to Rome after a weeklong trip to Brazil that gays and lesbians should not be judged or marginalized.
“If a person is gay and seeks the Lord and is of good will, who am I to judge him?” said Francis in response to a question about gay priests.
LGBT rights advocates in Argentina noted to the Washington Blade the pontiff categorized the same-sex marriage bill the country’s president, Cristina Fernández de Kirchner, signed in 2010 as “the work of the devil” that would “spark God’s war.”
Dignity USA Executive Director Marianne Duddy-Burke acknowledged Francis’ anti-LGBT statements after his election. She remains optimistic the new pontiff will welcome LGBT Catholics back into the church.
“We find much to be hopeful about, particularly in the Pope’s firm desire that the church be a ‘home for all people,’ and his belief that God looks on lesbian, gay, bisexual and transgender people with love rather than condemnation,” said Duddy-Burke in a September statement.
#6 Obama names gay ambassadors, judges

John Berry was named U.S. Ambassador to Australia. (Washington Blade file photo by Michael Key)
The U.S. Senate approved this year several openly gay appointees — including the first openly gay federal appeals judge — in confirmations that were historic both in number and significance.
Among the confirmed appointees were five openly gay ambassadors, including former U.S. Office of Personnel Management Director John Berry as U.S. ambassador to Australia. The confirmation made him the first openly gay U.S. ambassador to a G-20 country.
Also among the gay confirmations were Daniel Baer as U.S. ambassador to Organization for Security & Cooperation in Europe; Rufus Gifford as U.S. ambassador to Denmark; James Costos as U.S. ambassador to Spain; and James “Wally” Brewster as U.S. ambassador to the Dominican Republic.
Additionally, the Senate confirmed Eric Fanning as under secretary of the Air Force. After the departure of his immediate boss shortly after the confirmation, Fanning became acting secretary of the Air Force, making him the highest-ranking openly gay civilian in the U.S. military.
Chai Feldblum, the lesbian member of the U.S. Equal Employment Opportunity Commission, was confirmed for a second term after leading the way for a ruling instituting transgender workplace non-discrimination protections.
The Senate also confirmed openly gay judicial nominees. The highest-ranking among them was Todd Hughes, who was confirmed as circuit judge for the U.S. Court of Appeals for the Federal Circuit. He’s the first openly gay person to serve a federal appeals court.
The other confirmations were Pamela Ki Mai Chen as U.S. District Judge for the Eastern District of New York; Michael McShane as U.S. District Judge for the District of Oregon; and Nitza Quiñones Alejandro as U.S. District Judge for the Eastern District of Pennsylvania.
#7 Trans protections recognized under Title IX
The Obama administration made a historic ruling for transgender rights this year by applying existing law to protect students in school on the basis of their gender identity.
The Departments of Education and Justice announced the resolution as a result of a complaint filed by the National Center for Lesbian Rights on behalf of a transgender student in California’s Arcadia Unified School District. The resolution requires the school district to treat the student as male in all respects and keep his transgender status private.
NCLR Staff Attorney Asaf Orr commended the Obama administration for taking the step “to ensure that schools are safe and supportive environments where all students can thrive, including transgender students.”
The resolution represents a growing legal and administrative trend to interpret existing law — in this case, Title IX of the Education Act of 1972 — to ban discrimination against trans people.
Prior to the ruling, the student was required to sleep in a cabin by himself on an overnight field trip instead of being allowed to room with his male peers. The school district also excluded the student from the boys’ restroom and locker room, insisting that he use the nurse’s office.
The student, who remained anonymous, said he’s glad his school district agreed to put in place the resolution proposed by the Obama administration.
“Knowing that I have the school district’s support, I can focus on learning and being a typical high school student, like my friends,” the student said.
#8 Obama references Stonewall in inaugural speech

In a first, President Obama made two references to gay rights during his inaugural address in January. (Washington Blade file photo by Michael Key)
President Obama stirred passions in the LGBT community by making an unprecedented reference to LGBT rights during his second-term inaugural address and saying he believes gay people deserve equal treatment under the law.
“Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law – for if we are truly created equal, then surely the love we commit to one another must be equal as well,” Obama said.
The words marked the first time that any U.S. president mentioned gay rights during an inaugural address and sent shockwaves through the LGBT community.
Also during the speech, Obama made a reference to the 1969 Stonewall riots, which are considered the start of the modern LGBT rights movement.
“We, the people, declare today that the most evident of truths – that all of us are created equal – is the star that guides us still; just as it guided our forebears through Seneca Falls, and Selma, and Stonewall; just as it guided all those men and women, sung and unsung, who left footprints along this great Mall, to hear a preacher say that we cannot walk alone; to hear a King proclaim that our individual freedom is inextricably bound to the freedom of every soul on Earth,” Obama said.
#9: Gay mayors in Seattle, Houston; Quinn loses in New York

Lesbian Christine Quinn started her mayoral campaign a heavy favorite but ultimately lost in New York’s primary. (Washington Blade photo by Michael Key)
Lesbian Annise Parker won election to her third and final term as mayor of Houston, on Nov. 5, receiving a decisive 57 percent of the vote in a nine-candidate race.
In Seattle, Washington State Sen. Ed Murray defeated incumbent Mayor Mike McGinn by a margin of 56 percent to 43 percent to become that city’s first openly gay mayor.
And in Atlantic City, N.J., gay Republican Don Guardian shook up the political establishment by winning an upset victory over incumbent Mayor Lorenzo Langford, a Democrat, in a city where Democrats outnumber Republicans among registered voters by a nine to one margin. Guardian ran as a socially progressive reform candidate with a record as a highly competent administrator of services for the city’s tourist district.
Meanwhile, New York City Council Speaker Christine Quinn lost her race to become New York’s first openly gay and first female mayor, finishing third in a hotly contested Democratic primary in September. A New York Times exit poll showed pro-LGBT candidate Bill deBlasio, who won the primary and the general election in November, beat Quinn among LGBT voters by a margin of 47 percent to 34 percent in a four candidate race.
Most political observers said LGBT voters joined the majority of their straight counterparts in backing deBlasio, who emerged as more progressive on economic issues than Quinn and who was perceived as an outspoken critic of incumbent Mayor Michael Bloomberg, who is highly unpopular among Democratic voters. Quinn had long been viewed as a Bloomberg ally.
# 10 Manning gets 35 years, comes out as trans

Manning announced she is transitioning one day after being sentenced for leaking classified documents. (Public domain photo)
One day after a military judge sentenced former U.S. Army Private Bradley Manning to 35 years in prison for leaking classified documents to Wikileaks, the 25-year-old soldier released a statement through her attorney coming out as transgender.
“As I transition into this next phase of my life, I want everyone to know the real me,” Manning said. “I am Chelsea Manning. I am a female.”
Manning’s dramatic announcement shifted the media focus from that of her conviction in an Army court martial proceeding of violating the U.S. Espionage Act for leaking an unprecedented amount of classified information to the issue of who transgender people are and whether they should be entitled to equal rights.
Some transgender rights advocates said Manning’s case would hurt efforts to lift the military’s ban on transgender service members by casting transgender people in a negative light. Transgender activists Brynn Tannehill and Autumn Sandeen, who served in the military before transitioning, said they were especially troubled by arguments by Manning’s attorney that Manning’s struggle over her gender identity created stress that played some role in her decision to leak classified information.
“In my last four years in the Navy I was grappling with gender identity yet I did my job” and didn’t release classified information,” Sandeen said.
By Lou Chibbaro Jr., Chris Johnson and Michael Lavers
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 president, 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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