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Baldwin makes history with Senate victory in Wis.

Becomes first openly gay U.S. senator

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Tammy Baldwin, gay news, Wisconsin, Washington Blade

Senator-elect Tammy Baldwin defeated former Wisconsin Gov. Tommy Thompson this week. (Washington Blade file photo by Michael Key)

In an historic first, lesbian Rep. Tammy Baldwin won her race for the U.S. Senate from Wisconsin Tuesday night, becoming the first openly gay person to serve in the Senate.

With 99 percent of precincts reporting Wednesday morning, Baldwin was ahead of former Wisconsin Gov. Tommy Thompson by a 51 percent to 46 percent margin.

“I am honored and humbled and grateful,” Baldwin said in election night remarks.  “And I am ready to get to work, ready to stand with President Barack Obama, ready to fight for Wisconsin’s middle class!”

LGBT organizations throughout the country hailed Baldwin’s victory as an important milestone in the LGBT rights movement.

“This is a historic victory not only for the people of Wisconsin, but for lesbian, gay, bisexual and transgender Americans across the country who have finally gained an authentic and powerful voice in Congress’ upper chamber,” said Chuck Wolf, president and CEO of the Gay and Lesbian Victory Fund, which provided financial  support for Baldwin’s campaign.

“Tonight Tammy shattered a glass ceiling that has existed for more than two centuries, and we could not be more thrilled,” Wolf said.

Baldwin’s supporters in Wisconsin noted that she also broke another barrier by becoming the first woman to be elected to the U.S. Senate from Wisconsin.

Chad Griffin, president of the Human Rights Campaign, which also provided financial support and field workers to assist Baldwin’s campaign, said Baldwin succeeded in drawing support from voters on a wide range of issues.

“With a relentless focus on the issues that matter to most Wisconsin voters – economic security, access to healthcare and fairness and inclusion for all,” Griffin said, “she’s earned the respect of all her constituents, gay and straight.”

As of Wednesday afternoon, the election division of the Wisconsin Government Accountability Board, which runs the state’s elections, reported that Baldwin received 1,533,868 votes, or 51 percent of the total. The board reported that Thompson received 1,370,664 votes, at 46 percent.

Two other candidates received a combined total of 3 percent of the vote, the board reported.

Early polls showed Thompson with a slight lead over Baldwin shortly after Thompson won the GOP nomination in a primary in August. By the middle of September, polls showed Baldwin in the lead, but the size of her lead narrowed by late October, with some pollsters saying the two candidates were in a statistical tie going into Tuesday’s election.

Baldwin’s quest to become the nation’s first openly gay U.S. senator captured the attention of the LGBT people across the country, many of whom contributed money to Baldwin’s campaign.

She also received backing from the Democratic Senatorial Campaign Committee and other Democratic leaning groups, including labor unions, environmental organizations and the women’s advocacy group Emily’s List.

In 1998, Baldwin became the first openly gay non-incumbent to win election to the U.S. House when she won her race for Wisconsin’s Second Congressional District in which the state capital of Madison is located.

In her seven terms in Congress, Baldwin became known as one of the strongest advocates of LGBT rights in the House as well as one of the strongest champions of progressive causes and policies.

Thompson, whose supporters describe him as a moderate, served as governor of Wisconsin between 1987 and 2001. He served as Secretary of the U.S. Department of Health and Human Services in the Bush administration from 2001 to 2005. He became a candidate for the Republican presidential nomination in 2008 but dropped out of the race before the start of the primaries.

Thompson has said he personally opposes same-sex marriage and supports the Defense of Marriage Act, which defines marriage under federal law as a union only between a man and a woman. But he has said he doesn’t favor a constitutional amendment to ban marriage equality and favors leaving same-sex marriage decisions to the states.

He has said he opposes workplace discrimination based on someone’s sexual orientation but has not said whether he would support federal legislation to ban anti-LGBT discrimination in the workplace.

Although Wisconsin members of the gay Republican group Log Cabin Republicans supported Thompson, the national Log Cabin organization, which endorsed GOP presidential candidate Mitt Romney for president, didn’t endorse Thompson.

“We endorsed candidates that engaged with us and asked for our endorsement,” said Log Cabin president R. Clarke Cooper, who noted that the group endorsed just four U.S. Senate candidates this year.

The outcome of Tuesday’s Senate election in Wisconsin marked the end of a bruising campaign, which the Milwaukee Journal Sentinel says may have broken a national record for the most negative TV ads of any U.S. Senate campaign in the state and possibly in the nation.

The Journal Sentinel reports that both Baldwin and Thompson appear to have lashed out at each other with equal force, with some independent observers saying some of the ads from both sides included misleading information.

None of the Thompson attack ads appear to have singled out Baldwin based on her sexual orientation.

However, in at least one instance, a Thompson campaign official sent an email to the news media in early September, one day before Baldwin spoke before the Democratic National Convention in Charlotte, N.C., highlighting Baldwin’s appearance at an LGBT Pride festival in Madison several years earlier.

The email, sent by Thompson campaign staffer Brian Nemoir, included an attached YouTube video showing Baldwin waiving her arms while dancing on a stage with the popular Wisconsin rock band V05. Some of the band members were dressed in Wonder Woman costumes as the band played the theme song for the Wonder Woman TV series.

Nemoir stated in his email that Baldwin was scheduled to discuss “heartland values” in her Democratic Convention speech.

“Clearly, there’s no one better positioned to talk ‘heartland values’ than Tammy,” he said sarcastically in the email.

Baldwin supporters called the email a form of gay baiting, saying it was an attempt to question Baldwin’s values because she appeared at an LGBT Pride event. A Thompson campaign spokesperson said Nemoir was acting as an individual and not on behalf of the campaign when he sent the email and video.

While the Thompson campaign’s negative TV ads steered clear of Baldwin’s sexual orientation, they sought to portray her as an ultra liberal politician out of touch with the needs of the state and the country.

One ad pointed to Baldwin’s longstanding support for a single payer health insurance system, quoting her as saying several years ago that the single payer system she supported is a “government takeover of medicine.” Another ad noted that Baldwin voted four times against economic sanctions for Iran, criticizing her judgment on a key foreign policy issue.

Baldwin responded to the health insurance attack by saying she voted for and continues to support the Affordable Care Act, President Obama’s health insurance reform measure that Congress passed two years ago. She said her support for a single payer system was “moot” since the Obama measure is about to be implemented.

She said she voted against sanctions for Iran at a time when she was hopeful that dissident groups in Iran would overturn Iran’s government and establish a true democratic system. She said she began voting for sanctions after determining that the opposition forces didn’t have the strength to change the government.

A Thompson campaign attack ad that drew expressions of outrage from Baldwin’s campaign and its supporters showed video footage of the devastation of the World Trade Center in New York following the Sept. 11, 2001 terrorist attacks and denounced Baldwin for voting against a 2006 House resolution honoring victims of the attacks.

Baldwin said she voted for at least four other 9/11 resolutions honoring victims of the terrorist attacks but voted against the 2006 resolution because it included other provisions on unrelated issues with which she disagreed.

In her own TV ads, Baldwin fired back at Thompson, citing reports by New York firefighters saying the U.S. Department of Health and Human Services, which Thompson headed at the time of the 9/11 attacks, was slow in responding to firefighters’ calls for assistance for their illnesses believed to be caused by the fumes and contaminated dust that engulfed them while responding to the World Trade Center disaster.

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Pennsylvania

Erica Deuso elected as Pa.’s first openly transgender mayor

‘History was made.’

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Erica Deuso (Photo courtesy of LPAC)

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.

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U.S. Supreme Court

LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’

Experts insist Kim Davis case lacks merit

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Protesters outside of the Supreme Court fly an inclusive Pride flag in December 2024. (Washington Blade Photo by Michael Key)

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.”

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U.S. Supreme Court

Supreme Court rules White House can implement anti-trans passport policy

ACLU, Lambda Legal filed lawsuits against directive.

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(Bigstock photo)

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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