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Senate may cue up marriage vote soon, but 60 votes not assured

Some Republican leaders doubt there’s sufficient support

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From left, Sen. Charles Schumer (D-N.Y.), Sen. Tammy Baldwin (D-Wis.) and Sen. Susan Collins (R-Maine). (Blade file photos by Michael Key)

Legislation seeking to codify same-sex marriage may be cued up as soon as this week in the U.S. Senate after lawmakers returned from August recess, although reaching the 60-vote threshold to end a filibuster is unassured.

Senate Majority Leader Charles Schumer (D-N.Y.) took to the Senate floor on Wednesday to make the case for the Respect for Marriage Act, which he said was needed in the aftermath of the U.S. Supreme Court’s decision overturning Roe v. Wade.

“Over the past few months, both sides have engaged in good-faith conversations about how to pass marriage equality into law,” Schumer said. “I truly hope – for the sake of tens of millions of Americans — that there will be at least ten Republicans who will vote with us to pass this important bill soon. Democrats are ready to make it happen — and willing to debate reasonable compromises on the specifics — so I urge my colleagues on the other side to join us.”

The likeliest scenario, as of Wednesday, was for Senate Democrats to start the procedural process Thursday to set up for votes on the Respect for Marriage Act early next week, two Democratic aides familiar with the bill told the Blade.

Sen. Tammy Baldwin (D-Wis.), the only open lesbian in the Senate, has been a proponent of the legislation and would be a likely candidate to go to the floor to seek a vote on the legislation.

Whether or not there are 60 votes in the Senate to end a filibuster is another matter. Supporters of the legislation have been bullish about obtaining 10 Republican votes to aid the united Democratic caucus in cutting off debate to move forward with the bill, but only four Republicans have signaled support in some capacity: Susan Collins (Maine), Rob Portman (Ohio), Thom Tillis (N.C.) and Ron Johnson (Wis).

“As for vote count, still the same,” one Senate Democratic aide told the Blade on Wednesday. “We don’t have 10 firm commitments from Republicans, but we are close and believe that the votes are there without the firm commitments.”

Johnson also has indicated his support would be conditional upon the inclusion of language to accommodate objections to same-sex marriage on religious grounds. Language being drafted by Baldwin and Collins for such an amendment, Democratic aides familiar with the bill told the Blade, would affirm the 1993 Religious Freedom Restoration Act, but go no further.

A competing amendment on religious exemptions, however, is expected to come from Sen. Mike Lee (R-Utah), according to a report in Politico. His office didn’t immediately respond Wednesday to the Blade’s request to comment on the nature of the amendment or the support obtained for the measure.

Concerns that there aren’t enough votes to advance the Respect for Marriage Act were piqued last week in the aftermath of an article in Politico with the headline: “Same-sex marriage bill teeters on verge of GOP filibuster.” The article points out numerous Republicans who are possible “yes” votes, such as Sens. Mitt Romney (R-Utah), Pat Toomey (R-Pa.) and Lisa Murkowksi (R-Alaska), have yet to declare outright support for the legislation.

Murkowski, who was an early Republican supporter of same-sex marriage, stands out in the group as among the Republicans who have yet to declare a position on the Respect for Marriage Act, although a spokesperson for the Alaska Republican confirmed to the Blade she remains undecided.

“Sen. Murkowski has long supported marriage equality,” said Hannah Ray, a Murkowksi spokesperson. “She is reviewing the House-passed bill and tracking negotiations in the Senate over possible modifications to the text of the Respect for Marriage Act introduced by Sens. Baldwin and Collins, so at this time she has not announced how she will vote.”

The conclusion of the Politico article that sufficient support remains in question, however, appears largely based on quotes from senior Republicans in the Senate who reportedly cast doubt about whether enough members of their caucus would break away to support the bill. Senate Minority Whip John Thune (R-S.D.) was quoted as saying right now no one knows “the exact answer” on the number of votes; he reportedly added he hasn’t done a formal whip count.

Sen. John Cornyn (R-Texas) was reportedly more blunt in his assessment: “I don’t see 10 Republicans,” Cornyn was quoted as saying. “I assume if people were inclined to support it, they would have already declared in support of it.”

Blade readers will remember Cornyn was the member of the Senate Judiciary Committee who pressed now U.S. Associate Justice Ketanji Brown Jackson during her confirmation hearing about the U.S. Supreme Court’s 2015 decision in favor of same-sex marriage, asking her whether she could understand observers being surprised by the outcome.

Despite Cornyn’s projections, Republicans in the Senate have had a history of keeping their cards close to their vests on measures relating to LGBTQ rights before some ultimately break away to vote in the favor of the legislation. Such has been the case in the past 12 years with “Don’t Ask, Don’t Tell” repeal and the Employment Non-Discrimination Act.

Bolstering the prospects for the Respect for Marriage Act is that the bill would reaffirm existing law as opposed to make changes. The legislation also wouldn’t codify same-sex marriage into the U.S. code, but rather repeal from the books the Defense of Marriage Act, which the Supreme Court struck down in 2013, and require states to recognize same-sex marriages performed elsewhere.

A final push for the legislation among its supporters was evident in recent days as expectations for a vote increased. The Human Rights Campaign was set on Thursday to deliver to the Pittsburgh office of the undecided Toomney letters urging him to support the Respect for Marriage Act

Within the Republican Party, more than 400 prominent Republicans signed a letter organized by the LGBTQ group Freedom for All Americans and issued on Tuesday urging support for the Respect for Marriage Act. Among the co-signers are former Republican National Committee chair Ken Mehlman, who’s gay; Mehmet Oz, the Republican Senate nominee in Pennsylvania; and former president George W. Bush’s daughter Barbara Bush.

“As Republicans and conservatives, we believe strong families and lasting relationships strengthen communities, and civil marriage is a fundamental freedom central to individual liberty and the pursuit of happiness,” the letter says. “We stand with the 71 percent of Americans today, including a majority of registered Republicans, who support the freedom to marry for all Americans.”

Baldwin, for her part, said in a statement to the Blade on Wednesday she continues to remain optimistic about reaching the necessary 60 votes on the Respect for Marriage Act and work continues behind the scenes on those efforts.

“I am continuing my work to build the Republican support needed to pass our bipartisan legislation to protect marriage equality and ensure Americans in same-sex and interracial marriages are guaranteed the same rights and freedoms of every other marriage,” Baldwin said. “These loving couples deserve this certainty and the American people overwhelmingly agree.”

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Obituary

Beloved local master gardener Frank Asher dies at 69

Longtime LGBTQ rights advocate also known as actor, artist

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Frank Asher in 2014. (Washington Blade file photo by Michael Key)

Frank Larue Asher, described by friends and family members as an acclaimed urban gardener who operated a nonprofit nursery business in D.C.’s Shaw neighborhood from around 2008 until his retirement in 2018 when he moved to Cumberland, Md., and served on the board of a local museum, died July 15.

His longtime friend Raphael Aguon said his passing followed a years-long battle with cancer.

“He was a master gardener who worked diligently to make beautiful spaces for us passersby to enjoy and be inspired,” Aguon said in a Facebook posting. “Frank was kind, and fierce when it came to advocating for LGBTQ rights,” Aguon wrote. “He was deeply loving, sensitive, intelligent, inquisitive, and wondrously creative.”

A Washington Blade profile on Asher published in 2014 reported he was a native of California who moved to D.C. in 1994 as a conference organizer and a short time later began upgrading “sidewalk tree boxes” near his then Dupont Circle home before taking a job managing a local floral shop.

He next started a local landscaping business called Fairies Crossing that specialized in residential, rooftop, and commercial installations, he told the Blade.

In 2008, Asher opened his nursery called the Old City Farm and Guild in what had been a trash-strewn empty lot across from his then new nearby home in the city’s Shaw neighborhood.

Located at 925 Rhode Island Ave., N.W., the sprawling nursery offered a wide range of plant-related items such as seedlings, flowering plants, vegetable plants, shrubs, soils and compost, and gardening supplies. Described by Asher as a place “where people and plants come together,” the Old City Farm and Guild also became a community gathering place.

The Blade profile on Asher reported it soon began hosting performances by local musicians “in a step-down oval space serving as an amphitheater for outdoor neighborhood dances and movie nights projecting films onto a whitewashed wall.”

Asher stated in online postings that in 2018 he sold his businesses to retire and moved to Cumberland, Md., where, among other things, he served on the board of Gilchrist Museum of the Arts.

At the time of his passing the museum released a statement calling Asher “a talented local artist, a devoted supporter of the museum, a former board member, and, above all, a genuinely kind soul. His passion for the arts and his generosity touched countless lives, leaving a lasting impact on our community.”

Melissa Ryan, Asher’s niece, appeared to highlight Asher’s life as he was known by friends and family members in her own Facebook posting.

“He loved people, animals, and plants, all living things were respected and loved,” she wrote. “He was an actor, an artist, an author, an amazing gardener, heavily involved in his communities, always helping, seeking out needs and doing anything he could to fulfill them.”

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DOJ seeks to dismiss some claims in gay FBI employee’s bias lawsuit

David Maltinsky was fired after displaying Pride flag at desk

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A gay FBI trainee was fired after displaying a Pride flag at his desk. (Washington Blade photo by Michael Key)

Attorneys for gay former FBI employee David Maltinsky, who was fired from his job as a non-agent employee at the FBI’s Los Angeles Field Office in October 2025 after more than 16 years of service for displaying an LGBTQ Pride flag at his workstation, filed court papers on July 15 opposing a motion by government attorneys to dismiss some but not all of the provisions in his unlawful discrimination lawsuit seeking to overturn the firing.

Maltinsky’s lawsuit, filed in federal court in D.C. on Nov. 19, 2025, states that FBI Director Kash Patel acted illegally by violating Maltinsky’s First Amendment constitutional rights and the U.S. Civil Rights Act of 1964 by ordering his firing on grounds that he “exercised poor judgement with an inappropriate display of political signage” by displaying the Pride flag.

The firing came at a time when Maltinsky successfully completed 16 weeks of the FBI’s 19-week training program at the FBI training academy in Quantico, Va. to become an FBI Special Agent, according to the lawsuit.

In addition to Patel, who took office as FBI director in February 2025 under the Trump administration, the lawsuit names as defendants the FBI itself, Acting U.S. Attorney General Todd Blanche, and the U.S. Department of Justice, which oversees the FBI.

“Defendants discriminated against Maltinsky for engaging in protected speech, for his sexual orientation, and for opposing discrimination – a clear and brazen violation of federal law and the Constitution,” the lawsuit states in an amended complaint filed May 5, 2026.

The Department of Justice, which is representing the FBI in its response to the lawsuit, did not immediately respond to a request from the Washington Blade for comment on the lawsuit and why it is seeking dismissal of some but not all of the lawsuit’s multiple allegations, including its claim that the firing violated Maltinsky’s First Amendment rights.

In its “Partial” motion filed on June 15, 2026, to dismiss some provisions in the lawsuit, the Justice Department through Assistant Attorney General Brett A. Shumate and Associate Branch Director Christopher Hall, stated that the lawsuit fails to provide sufficient evidence that Maltinsky was fired because he is gay.    

“The Amended Complaint contains no factual allegations that Director Patel or any other decisionmaker expressed hostility toward gay employees, relied on Plaintiff’s sexual orientation in making employment decisions, even knew Plaintiff’s sexual orientation or otherwise indicated that Plaintiff’s status as a gay man played any role in the challenged actions,” the motion states.

Based on that, among other things, the motion says the lawsuit’s claim that the firing violated the U.S. Civil Rights Act of 1964 should be dismissed. A 2020 U.S. Supreme Court decision ruled that the 1964 law bans employment discrimination based on sexual orientation and gender identity along with its other categories including race, religion, and gender.  

In its arguments that the decision to fire Maltinsky was illegal, unconstitutional, and unjust, the lawsuit’s amended complaint points out that FBI officials at the Los Angeles Field Office where Maltinsky worked presented the Pride flag to him and gave him full permission to display it at his workstation.  

“The FBI encouraged and honored Maltinsky’s work by awarding him the 2020 Director’s Award For Excellence-Outstanding Service in Diversity and Inclusion,” the lawsuit says. “In 2022, the Attorney General for the Department of Justice awarded Maltinsky the Attorney General’s Award for Equal Employment Opportunity, DOJ’s highest award for performance in support of the Equal Employment Program,” it says.

“In special recognition of Maltinsky’s efforts to improve the FBI, in June 2021 LAFO [Los Angeles Field Office] leadership entrusted to Maltinsky two Pride flags that had been flown from the flagpole located in front of the LAFO,” the lawsuit complaint continues. “Maltinsky displayed one of those flags at his workstation.”

Although the lawsuit doesn’t say so directly, all of that happened during the administration of President Joe Biden and previous FBI Director Christopher Wray, who held the director’s position from August 2017 to January 2025, when Donald Trump took office as president.

Nathaniel Zelinsky, one of the attorneys representing Maltinsky regarding the lawsuit, told the Blade that because the Justice Department did not contest the lawsuit’s First Amendment provisions, the case will move forward to the discovery stage, in which he and fellow attorneys can seek and obtain government documents, and most likely go to trial. He said that regardless of whether the judge approves the dismissal of the lawsuit provisions the government has asked for, the other provisions and the case as a whole  will continue.

“And those First Amendment claims are extremely serious,” he said. “The government, by its admission, fired David Maltinsky because they did not like the speech he displayed when he put up the Pride flag that was gifted to him by the FBI,” Zelinsky said. “The federal government cannot discriminate against its workers based on their speech.”      

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Baltimore

The government pressured USA Rugby to ban transgender women. A Baltimore team refused to comply.

Ferals is a women’s-plus team within the Flamingos

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Harper Ockert runs drills with teammates at Utz Field in Patterson Park during rugby practice with her team, the Ferals. (Photo by Jessica Gallagher of the Baltimore Banner)

By KYLE GOON | It was midmorning, and the March winds lashed against the faces of the players on the Ferals rugby team as they suited up at a park in Frederick. The turf was frozen.

Harper Ockert, 24, wrapped her left knee with tape, stabilizing her joint for the jarring hits to come. She had struggled to sleep the night before, but her anxiety was not strictly about the game.

She and her teammates were preparing to defy newly enacted rules set by the sport’s governing body. A nervous energy thrummed in her chest as she considered what her defiance meant.

Ockert is a transgender woman who plays for the Ferals — the women’s-plus team within the Baltimore Flamingos rugby club. Three of her teammates are trans women, too. They had played games for the Ferals before, but this match at Walnut Ridge Park was the team’s first since USA Rugby had shifted its policy to allow only people assigned female at birth to play women’s rugby.

The rest of this article can be found on the Baltimore Banner’s website.

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