National
Supreme Court nears action on D.C. gay marriage case
City’s Human Rights Act was grounds for previous rejections of a ballot initiative
The U.S. Supreme Court could decide as soon as Tuesday whether or not to hear a case seeking to force the District of Columbia to allow voters to decide whether to repeal the city’s same-sex marriage law.
According to the court’s public docket, the nine justices scheduled a private conference among themselves for Friday to discuss the case known as Jackson v. the D.C. Board of Elections and Ethics. Under longstanding court rules, the justices usually announce a decision on whether to accept or reject a case on the Monday following such a conference.
“Generally, if a case is considered at a conference, viewers can expect that the disposition of a case will be announced on an Orders List that will be released at 10 a.m. the following Monday,” the court’s website says.
A court spokesperson said because a federal holiday, Martin Luther King Day, falls on Monday, the court is expected to release its decision on the Jackson case on Tuesday.
Bishop Harry Jackson, pastor of a Beltsville, Md., Christian church, and other same-sex marriage opponents filed a petition with the Supreme Court Oct. 12 asking the court to consider hearing the case in a process known as a petition for a Writ of Certiorari. The case consists of their appeal of a lower court ruling that rejected their contention that the city must allow voters to decide the marriage question in a ballot initiative.
The D.C. Court of Appeals upheld the Board of Elections and Ethics’ decision to bar Jackson and his supporters from organizing a ballot initiative on grounds that, if approved, the initiative would violate the city’s Human Rights Act. The Human Rights Act bans discrimination based on sexual orientation.
Jackson and his attorneys argue that the city did not have the authority to ban ballot measures that impact the Human Rights Act because only Congress could make such a change by amending the city’s Home Rule Charter. Gay rights attorneys have joined city attorneys in disputing that contention, claiming the city acted within the scope of the Home Rule charter in the 1970s when it put in place restrictions on certain ballot measures.
City attorneys defended those restrictions in a brief submitted before the Supreme Court on Dec. 17. The attorneys, among other things, argued that the case involves a local matter pertaining to the city’s initiative and referendum law. They noted that the high court has a longstanding precedent of deferring to state or D.C. appeals courts on cases that don’t have a national impact.
If the Supreme Court rejects Jackson’s request to take on the case, the D.C. Court of Appeals decision remains in force to permanently prevent a ballot measure on the same-sex marriage law.
If it accepts the case, it would become the first time the Supreme Court addresses a same-sex marriage-related issue. But the case would not address marriage itself or whether same-sex marriage is protected under the constitution — only the question of whether D.C. voters should be allowed to decide the issue through a ballot measure.
Arthur Spitzer, legal director of the ACLU’s D.C. area office, said it’s possible that the court won’t issue a decision on the Jackson case on Tuesday.
“If there’s no order that day, that’s also significant, meaning either that the justices were not able to decide in their first discussion, or that someone is writing a dissent from denial,” he said.
He was referring to a decision denying Jackson’s request that the court take the case.
National
Advocacy groups issue US travel advisory ahead of World Cup
Renee Good’s death in Minneapolis among incidents cited
More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.
The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.
“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23. “The impacts of these policies vary by locality.”
“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”
The advisory specifically mentions Renee Good.
A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.
The full advisory can be read here.
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.
A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.
“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”
Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.
Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.
The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.
The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.
It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”
LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.
A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.
Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.
David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”
This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.
The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.
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