Opinions
Supreme Court poised to roll back LGBTQ rights
Rebalance stolen court via expansion, term limits
LGBTQ advocates were rightly relieved when the Supreme Court handed down Bostock v. Clayton County this past June, a case that extended the prohibition against discrimination in employment to include discrimination based on sexual orientation and gender identity. And with the most LGBTQ-friendly President-elect in U.S. history poised to take office in a matter of days, our community has even more reason to be hopeful.
Despite these positive developments, however, the Supreme Court poses a grave danger to the LGBTQ community. As the court ushers in a new era of conservative dominance—with anti-LGBTQ justices holding a 6-3 supermajority—the fragile judicial coalition on which the movement for equality has relied is at significant risk of being cast aside.
Justice Amy Coney Barrett’s recent confirmation to the court is deeply concerning. Justice Barrett has defended Justice Roberts’ dissent in Obergefell, indicating that the issue of marriage equality should belong to state legislatures. She has repeatedly used transphobic and homophobic language, and even argued that Title IX does not protect transgender people. Her extremist positions will embolden the anti-LGBTQ conservative justices on the court – Justices Kavanaugh and Alito recently held an inappropriate private meeting with an anti-gay activist who had filed briefs in pending cases — and other Trump-appointed judges, as well as state legislatures to take anti-LGBTQ stances. With equality hanging in the balance, the LGBTQ community cannot afford a Supreme Court that stands to crush any progress made.
Marriage equality: In October, the Supreme Court denied certiorari to a case involving Kentucky woman Kim Davis, who refused to issue marriage licenses to same-sex couples. However, the denial of certiorari came with warning signs: Justices Alito and Thomas wrote a section that cast doubt on the constitutionality of Obergefell, the landmark Supreme Court case in which Justice Kennedy’s opinion that held that marriage is a fundamental right guaranteed to same-sex couples by the Constitution. In the certiorari denial, Justice Thomas wrote: “By choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the Court has created a problem that only it can fix. Until then, Obergefell will continue to have ‘ruinous consequences for religious liberty.’” While broad majorities of the American people support marriage equality and opponents of it might not have the votes on the Supreme Court to overturn the precedent, it is nonetheless a troubling sign that two Justices would sign onto discrimination against our fellow citizens.
Discrimination: The currently pending case before the Supreme Court about discrimination is Fulton v. City of Philadelphia. The case emerged from circumstances in 2018: The city of Philadelphia had hired a number of agencies for foster care service. When the city learned that two agencies denied same-sex couples as foster parents, Philadelphia threatened to stop using the agencies unless they agreed to nondiscrimination requirements. While one of the agencies complied, the other, the Catholic Social Services (“CSS”), sued the city in federal district court. The federal district court found in Philadelphia’s favor, which the Third Circuit then unanimously affirmed. Nonetheless, the Supreme Court granted certiorari.
The CSS claims that because the city looks to several factors, including religious and racial factors, in spite of anti-discrimination law, it cannot at the same time prohibit the agency from considering the sexual orientation of foster parents under the guise of “religious belief.” If Philadelphia makes exceptions to its anti-discrimination laws in foster placement, it must also allow religious agencies an exception as well. If Philadelphia does not do so, it violates the First Amendment. The city claims that it can choose not to provide government contracts to organizations that do not adhere to its nondiscriminatory requirements. For the court to decide otherwise, it would mandate that the city discriminate.
The stakes are high, in part because a ruling against equality in Fulton could provide cover for undermining Bostock, which extended Title VII protections to LGBTQ employees. An expansion of the religious liberty to discriminate could eat away at Bostock. Even a 5-4 court with Justice Kennedy ruled against LGBTQ rights in Masterpiece Cakeshop. Now, with a 6-3 conservative supermajority, Fulton could strike a big blow against equality.
Health care and family: If the Supreme Court strikes down the Affordable Care Act (ACA) in California v. Texas, health care protections for the LGBTQ community would be eliminated. Section 1557 of the ACA is the law’s non-discrimination provision, which bans discrimination in health care on the basis of sex. The Obama administration’s rule interpreted Section 1557’s ban on sex discrimination to include discrimination on the basis of sexual orientation and gender identity. In addition to Section 1557, the ACA as a whole has been enormously important for the LGBTQ community. The uninsured rate for lesbian, gay and bisexual Americans fell dramatically due to the ACA and LGBTQ adults have become more likely to report having regular access to health care. For transgender Americans, who are more likely to live in poverty or be unemployed and to face enormous challenges and have negative experiences accessing health care, the ACA’s Medicaid expansion and provision of individual health insurance through the marketplaces are critical. The 6-3 conservative supermajority on the court makes the end of the ACA significantly more likely, with disastrous consequences that will disproportionately affect the LGBTQ community.
Lawsuits challenging the Obama administration’s interpretation of Section 1557, particularly in regard to its ban on discrimination on the basis of gender identity, have been percolating in the federal courts for years. The Trump administration has attempted to reverse those protections, but it is widely expected that the Biden administration will revert to the Obama-era rule. Even if the ACA survives, this line of litigation could undermine critical protections for transgender individuals in the health care system. While the Supreme Court’s decision in Bostock v. Clayton County last term interpreting similar language in Title VII (discrimination on the basis of sex) to cover gender identity should be definitive, the 6-3 conservative supermajority could decide to distinguish these cases and allow for discrimination against LGBTQ individuals in health care. Since so many of the nation’s hospitals are affiliated with religious organizations such as the Catholic Church, the court could seize on Justice Gorsuch’s language in Bostock suggesting that the Religious Freedom Restoration Act (RFRA) could trump Title VII to require broad religious exemptions from non-discrimination in health care.
Transgender rights: In addition to the massive blow that a gutted ACA could have for transgender rights, other cases about transgender rights percolating in the lower courts may someday make their way to the Supreme Court. In Saba v. Cuomo, for example, a transgender, nonbinary resident sued the state of New York for refusing to allow Mx. Saba to obtain a driver’s license that accords with Mx. Saba’s gender identity. In August, a lower court preliminarily enjoined Idaho’s law that barred transgender women from participating on women’s sports teams. That decision is currently being appealed.
Just this past year, the Fourth Circuit and the Eleventh Circuit considered whether school bathroom policies violated transgender students’ rights. Though both circuits ruled in favor of the students, the Grimm case briefly reached the Supreme Court in 2017 before being sent back to the lower court. In 2019, the Supreme Court rejected certiorari in a case involving transgender bathrooms, leaving a lower court’s trans-affirming decision in place. But it only takes four votes for the Court to take a case, and with a 6-3 supermajority now firmly in place, there is no telling the havoc it could wreak on transgender rights.
As we celebrate the end of the Trump era, and as we prepare to work with the incoming Biden administration to restore rights that have been destroyed over the past four years while advancing the case for equality, the LGBTQ community must pay attention to the danger posed by anti-LGBTQ justices, and we must advocate forcefully for judicial reforms such as court expansion and term limits that rebalance the stolen, illegitimate court.
Aaron Belkin is the director of the Palm Center and of Take Back the Court, and a political science professor at San Francisco State University.
Opinions
Why I’m supporting Gary Goodweather for D.C. mayor
In a word, longtime local resident has the character for the job
Hey fellow LGBTQ+ Democrats, this is worth reading! Especially if you’re a voter in Washington, D.C. who’s planning to cast a ballot for the nomination of local candidates in the District of Columbia in 2026.
Because next Tuesday June 16 is a really Big Deal for D.C. Democrats. It’s the first time in two decades that the doors to filling the crucially important job of mayor are wide open because no incumbent is on the ballot.
That is, Mayor Muriel Bowser is not running for election. Instead she will — at last, and after three terms in office — symbolically ride off into the political sunset. And to considerable and well deserved applause. Because she’s been rightly lauded for many important accomplishments, including her well documented record of supporting the many diverse issues concerning the LGBTQ+ community.
But she’s been equally derided for her far too spineless a record recently, of (not) effectively opposing President Donald Trump and his outrageous stationing of outsider National Guard armed troops all across D.C. This despicably sad state of affairs has been a grim statement that Washington, D.C. (not being a state) is subject to the Donald’s feral instincts for nastily mean-spirited retributions. But she’s been meek and mild, and even actively complicit with Trump, when other mayors have told Trump to buzz off. And they succeeded.
But enough about Mayor Bowser. Her “sell by date” fast approaches. The old order changes. And a new day dawns.
Next Tuesday, two candidates of this old (and by now seriously outmoded) order seek to win the coveted Democratic nomination for mayor on June 16. First, there’s Janeese Lewis George, who’s a great first or second choice by any measure. And (ahem) then there’s Kenyan McDuffie.
But this is Ranked Choice Voting and it’s brand new. It’s not “either/or” binary, just like we now appreciate that sexual orientation and identity are also non-binary.
My first choice is clear because I know him. His name is Gary Goodweather. But so, who is this outsider candidate for mayor anyway?
It goes like this. First, together with his remarkable wife, successful D.C. Realtor Meredith Margolis, Gary and their two college age kids are all 20-year residents of Dupont Circle. I actually first met Gary and Meredith a year ago at a BBQ event, when he was a speaker at the historic, progressive, feminist Woman’s National Democratic Club.
So once again, who’s this Gary Goodweather? And why should you seriously consider him for your personal first or second or even third choice?
Here’s why. He’s new to politics in the conventional old paradigm of “politics.” But he knows Washington, D.C. forwards and backwards and inside and out. Because he’s been involved for many years in successful local private sector business investments, including the development of neighborhood-based BIDs, or Business Improvement Districts including the one in NoMa.
And his thinking is typically “out-of-the box.” For example, he’s currently an actual active advocate for establishing agriculture in our densely populated urban environment — through so-called “tiered gardens.” Yes, D.C., trust me, this is an actual thing. And yes, it requires street smarts to deal with challenging zoning issues; but it’s a real example of what fresh blood and new thinking and real imagination can bring to our hogtied and often over-regulated city.
Gary was in the U.S. Army and the National Guard for four years as a captain in the armored command. He earned his MBA in finance from Johns Hopkins University in night school.
If elected, Gary would be D.C.’s first Jewish mayor. (His is Reform Judaism. Repair the breach!)
He’s become my friend and I admire his intelligence and diligence and imagination and in a word his character.
Here’s what he said to me about what he calls his political North Star: “All D.C. residents should be protected, regardless of who they love. Love is love. Love who you want. Identify how you choose to be.”
Look, it’s always time for good weather in our city. Maybe it’s time for Gary Goodweather as mayor too. First choice or second choice. Then let’s all see what happens next.
David Hoffman is a freelance writer and retired federal government civil servant. He is a longtime resident of the H Street Northeast corridor. He is a member of both the Woman’s National Democratic Club and DSA, Democratic Socialists of America Metro DC chapter.
Opinions
Don’t just vote for change — vote for Hope Solomon for mayor
LGBTQ community isn’t separate from Washington’s story — it is our story
My name is Hope Solomon, and I’m running for mayor of Washington, D.C.
I’ve spent my entire life here. I attended D.C. Public Schools. I grew up working in my family’s small business here in D.C. I live in Dupont Circle. For 17 years, I worked in national security with the Department of Defense, FBI, and Department of Homeland Security. Then last July, I got DOGE’d by Elon Musk.
I don’t recommend it as a career strategy.
But it did give me something I hadn’t had in a long time: perspective.
For the first time in years, I had space to slow down and ask a simple question: Why does it feel like Washington is being run by the same small group of people playing musical chairs, while everyone else is just expected to live with the results?
That’s when I decided to run.
I wasn’t raised in Washington’s political circles. I was raised in Washington. There’s a difference.
Some of my earliest memories are going to see the AIDS Quilt on the National Mall with my mother. I didn’t fully understand it at the time, but I understood enough to know it mattered—because it made something the country had been trying not to see completely impossible to ignore.
My family’s version of a home-cooked meal has always been Annie’s or Mr. Henry’s. I grew up going to Pride, the High Heel Race, drag brunches, and drag shows. As a kid, I thought that was just what cities were like—sequins, show tunes, queens, neighbors, everything mixed together.
Turns out that wasn’t every city.
It was Washington.
The arts shaped me just as much as anything else. I started at Fillmore Arts Center, trained for years with the Washington School of Ballet, and performed across the city—from the Kennedy Center to Warner Theatre to Lisner Auditorium.
The arts taught me discipline and confidence. But more than that, they taught me something Washington has always understood: A city works when people are free to be exactly who they are.
Growing up here, LGBTQ+ Washingtonians were my neighbors, my teachers, fellow business owners, artists, friends, and family.
They helped build the Washington I know.
And that’s why this moment matters.
Washington is facing a budget crisis. Small businesses are struggling. The federal government is openly hostile toward our city. But what worries me most isn’t just policy—it’s whether we lose what makes Washington itself while trying to fix it.
Because the soul of this city is in places like Annie’s. It’s in neighborhood restaurants, small theaters, Pride celebrations, independent businesses, and the people who make this city feel like home.
As mayor, I’ll fight to protect that. I’ll stand up for LGBTQ+ rights, support LGBTQ+ youth, invest in the arts, strengthen public safety, and back the small businesses that keep our neighborhoods alive.
Most importantly, I’ll lead with the understanding that the LGBTQ+ community isn’t separate from Washington’s story.
It is Washington’s story.
If you want another career politician, you’ve got plenty of options.
If you want someone who was shaped by this city, believes in this city, and is ready to fight for this city, I’m asking for your vote.
Learn more at HopeForDC.com. On Election Day, don’t just vote for change. Vote for Hope.
Hope Solomon is a candidate for D.C. mayor.
Opinions
Vote Kenyan McDuffie for D.C. mayor
He will best protect D.C.’s interests amid federal meddling
Elections are always important, but this year in D.C. they will bring major changes. Because of that, your vote in the Democratic primary on June 16 is more important than ever. D.C. is so overwhelmingly Democratic it is a near certainty the winners in the Democratic primary will win the general election. So, I urge everyone eligible, take the time to vote.
D.C. makes it very easy. Every registered voter has received a ballot in the mail. I cast mine before I left for a vacation. When you read this don’t put your ballot in the mail, rather vote at an early voting location, or put your ballot in one of the drop boxes around the city, or vote in person on June 16. You can find the locations for these options nearest you by going to the DCBOE website.
This year for the first time D.C.is dealing with rank choice voting, and who you rank second, or third, can make a difference in the outcome. It is important to note that you don’t have to rank the candidates. You can bullet vote for the one you like, or rank up to five. If there is one or more you like, you can simply choose a #1 and #2. Again, there is no requirement that you rank more people. From what I am seeing, in most of the races, even if five, six, or more, are running and listed on the ballot, in most of those races it will come down to one or two who have any chance. The way the city handles giving out our public money, it will cost us a lot of taxpayer dollars for all those people with no chance at all to win. I hope after these elections the Council will take a close look at how we do our public financing, and reform it. I am all for public financing, just not at the rate D.C. does it. We must ensure anyone who gets city money, accounts for every penny of it. It should never be spent on personal items. If it is not all used, it needs to be refunded to the city.
I have not made endorsements in every race, but clearly the most important race this year in D.C. is for mayor. After 12 years of Muriel Bowser serving as our mayor, there will be someone new sitting in that office after Jan. 1, 2027. What people must remember when voting for mayor, is the person we elect, even if Democrats take back Congress, and I think we will, must continue dealing with the felon in the White House for the first two years of their term. We have seen doing that requires the skill to walk a tightrope. While fighting him on nearly all he is doing, it’s crucial the mayor understands they must not alienate him to the point where he goes all out to attack the city, and the residents here. Remember, home rule gives the felon in the White House, and Congress, enormous power over us. Congress gets to review all our legislation, and our budgets, before they become law. The president controls the D.C. National Guard, and the federal agencies that in many cases get involved, and impact the work of our city. That includes housing, parks, the MPD, and others. There is only one person on the ballot who fully understands that, and has shown, by word and action, they know how to deal with him in the way that will benefit all the people in our city. That person is Kenyan McDuffie. I urge your #1 vote for him. If you have decided to vote for one of the other candidates, I would hope you would list him on your ballot as #2.
Then for Democratic Council-at-large I urge you to consider a #1 vote for Kevin Chavous. Then Brian Schwalb for Attorney General, Phil Mendelson for Council Chair, and Brooke Pinto for delegate to Congress. For Ward 5 Council I recommend Zachary Parker. For Democratic Party slots, I urge a vote for all those running on the Democrats United for a Free D.C. slate.
Then for the Independent Council-at-Large seat I urge a vote for Jacque Patterson or if you vote for Doni Crawford, rank Jacque #2.
Again, the results of this election will determine the future of the District of Columbia. It is the most important election here in years. I urge everyone who can vote in the primary to do so. Your vote can make a difference to you, and all your neighbors.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
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