Politics
The path to winning marriage in 50 states in five years
One expert says HRC’s goal ‘completely unrealistic’
Following the Supreme Court rulings, advocates are making plans to achieve marriage equality throughout the country. (Washington Blade photo by Michael Key).
Amid celebration over the Supreme Court rulings against the Defense of Marriage Act and California’s Proposition 8, plans are already in place to extend the victories further as the Human Rights Campaign has pledged to win marriage equality in all 50 states within five years.
Following the announcement of that goal, which was made by HRC President Chad Griffin on the steps of the Supreme Court immediately after the decisions, state advocates as well as other national groups are engaged in plans to bring marriage equality to the 37 states where gay couples are still unable to wed.
Speaking with the Washington Blade at the court after he made the pledge, Griffin said achieving that goal would involve a combination of several routes, including additional litigation.
“It will take legislative work, it will take ballot work, it will take Congress and it will ultimately take the federal courts again to bring full equality to every single corner of this country,” Griffin said. “But there is no ground we will leave unturned. Today we will fight aggressively on all fronts in all states.”
Griffin said he’s basing the timeline for his plan on the length of time it took to overturn Prop 8, which took five years from the time Prop 8 passed at the ballot in 2008.
There are already new lawsuits in the works in the wake of the rulings that struck down DOMA, the anti-gay law prohibiting federal recognition of same-sex marriage, and Prop 8. Although many hoped the latter case would be the one to bring marriage equality to all 50 states, the ruling instead that came down was limited in scope to California.
Jon Davidson, legal director of Lambda Legal, told the Blade his group is planning new lawsuits to advance marriage equality, but isn’t yet ready to talk details.
“We do have plans to file additional marriage cases in federal court, and are preparing those now,” Davidson said. “We are not in a position to share which states at the moment.”
Appearing on CNN on Sunday, David Boies, one half of the legal dream team hired by the American Foundation for Equal Rights that successfully led the lawsuit against Prop 8, said, “there isn’t any state we’re giving up on” and suggested new litigation is coming.
“Our goal is to have marriage equality that’s guaranteed by the U.S. Constitution, enforced in every single state in the union,” Boies said.
But Davidson also cautioned gay couples against filing additional lawsuits because of the time and cost involved as well as whether the litigation is strategically appropriate.
“The Perry case, for example, cost each side several million dollars to litigate,” Davidson said. “Often, numerous expert witnesses are required. And, if brought in the wrong place, at the wrong time or without adequate preparation, suits can set back our community’s progress by creating bad precedent that could create barriers to equality nationwide.”
Some are skeptical about HRC’s timetable. Among them is Larry Sabato, a political scientist at the University of Virginia, who said meeting that goal is “completely unrealistic.”
“I cannot imagine same-sex marriage passing in my lifetime (plus a couple decades or more) in many southern and border states, plus some of the Rocky Mountain and Midwest states,” Sabato said. “Any state with a decent-sized GOP majority in at least one state legislative house will be enough to kill the effort. Only a handful of states have the citizen-sponsored ballot initiative option.”
Sabato said another lawsuit akin to the 1967 case of Loving v. Virginia would be the best route to achieve nationwide marriage equality — but seeing that come to fruition in five years is doubtful.
“That is a completely unrealistic schedule, given the obstacles in the states,” Sabato said. “And I doubt the Supreme Court will take up another major marriage case that quickly.”
Meanwhile, several lawsuits are already pending that have the potential to not only extend marriage equality in certain states, but advance to the Supreme Court for an ultimate resolution extending same-sex marriage nationwide.
The most high-profile among them is the challenge to Nevada’s constitutional ban on same-sex marriage, Sevcik v. Sandova, which was filed by Lambda Legal and is pending before the U.S. Ninth Circuit Court of Appeals. That case is on a parallel track with Jackson v. Abercombie, a challenge to Hawaii’s ban on same-sex marriage that was filed by private attorneys.
Judges placed a stay on the cases as the more advanced DOMA and Prop 8 cases were proceeding through the judiciary, but that stay is slated to expire on July 18.
Davidson had an ambitious outlook for the timeline for the Nevada case and said it’s teed up to potentially be the next to reach the Supreme Court.
“We will be filing our appellate brief with the Ninth Circuit in September,” Davidson said. “We expect to argue the case to that appellate court sometime in 2014 and possibly have that case in front of the Supreme Court in 2015.”
Also, as Buzzfeed reported, a U.S. district court in Michigan ruled on Monday to let a federal challenge to the state constitutional ban on same-sex marriage proceed in the wake of the Supreme Court’s decision against DOMA. That challenge will be interesting to watch because the Sixth Circuit has a reputation for being a conservative court.
Eyes on legislation in Illinois, New Jersey
But the best prospects for advancing marriage equality remain in the legislative arena as advocates in two states — Illinois and New Jersey — work to muster enough votes to pass bills that would legalize gay nuptials.
In Illinois, supporters of same-sex marriage are hoping the extension of the legislative session to Aug. 31 will permit them enough time to build support after gay State Rep. Greg Harris didn’t bring the bill to a vote because he didn’t think the measure had enough support.
Bernard Cherkasov, CEO of Equality Illinois, told the Blade he’s hoping the extension of the House session will provide enough time for a successful vote on the bill sometime this fall.
“The bill has been granted an extension in the House through Aug. 31, with the possibility of further extensions, if needed,” Cherkasov said. “We hope that the bill will pass the full House vote during the ‘veto session’ which is scheduled to take place this fall.”
In New Jersey, lawmakers are working to build support to override Republican Gov. Chris Christie’s veto of marriage equality legislation in the wake of his comments calling the Supreme Court’s decision against DOMA “incredibly insulting” and “another example of judicial supremacy.”
Calling Christie’s remarks “insulting,” State Sen. Barbara Buono, the Democratic gubernatorial candidate challenging Christie in the upcoming election, told the Washington Blade on Friday she thinks the override is just a few votes short in the Senate.
“This governor has to release the Republicans in the Senate and the Assembly,” Buono said. “I think that we could easily get an override if he would release them. These are people who live in fear of retribution and retaliation of this governor. If the governor would release them, we would have an override easily in the Senate; all we need are three votes.”
But should the override be unsuccessful, Buono said she’ll make marriage equality in New Jersey a campaign issue and pledge to make a marriage equality bill the first one that she signs if elected.
In both Illinois and New Jersey, litigation is pending before state courts to advance marriage equality should legislative efforts fail. Another Lambda lawsuit, Darby v. Orr, is pending before the Circuit Court of Cook County. In New Jersey, Lambda is expected to file on Wednesday a motion for summary judgment in its state case, Garden State Equality v. Dow, which also includes a federal equal protection claim.
Yet another lawsuit in New Mexico state court pursuing marriage equality was filed by the American Civil Liberties Union and the National Center for Lesbian Rights.
The case, which is pending before Albuquerque’s district court, was filed after city officials in Santa Fe issued guidance saying the state already has marriage equality because the statute governing marriage in the state is gender neutral. In response, New Mexico Attorney General Gary King said the statute is “vulnerable to challenge.”
Oregon activists seek 2014 ballot initiative
Ballot initiatives are also expected to advance marriage equality in more states as the nation prepares for mid-term elections. The foremost among those is the planned ballot initiative in Oregon to win marriage equality in the state in 2014.
Peter Zuckerman, media manager for Basic Rights Oregon, said the official date to start the necessary 116,284 signatures to place the initiative on the ballot is happening later this month.
“On July 20 we launch the campaign to collect the 116,284 signatures, which is the next step to qualify for the ballot,” Zuckerman said. “If all goes as planned, Oregonians will vote for the freedom to marry in November 2014.”
If Oregon LGBT activists win at the ballot, their efforts would institute marriage equality by reversing a state constitutional amendment that Oregon voters approved in 2004.
Meanwhile, in Nevada, the state assembly in May approved an amendment that would undo the state’s constitutional ban on same-sex marriage. The process to ratify amendments in the state requires the measure to pass in two consecutive state legislatures and at the ballot during the next election.
To assist in repealing these bans and other barriers to marriage equality, the ACLU announced last week it hired Republican strategist Steve Schmidt, a supporter of marriage equality who signed the friend-of-the-court brief against Prop 8, and former GOProud executive director Jimmy LaSalvia as part of a nationwide campaign. The ACLU has pledged to spend $10 million through 2016 as part of this effort.
LaSalvia told the Blade many states are conservative leaning, which will require supporters of marriage equality to undertake an extra effort to work with conservatives to achieve success.
“Conservatives know that marriage is a good thing, and we should encourage, protect, and promote it for everyone including gay people,” LaSalvia said. “I am looking forward to working with the ACLU to make that case, state by state, to build consensus through the political process to legalize civil marriage for gay couples.”
Plans in other states are also underway to extend marriage equality in the wake of the Supreme Court decisions last week.
• Arizona — The new group Equal Marriage Arizona is seeking to collect 400,000 signatures to place an amendment on the 2014 ballot reversing the constitutional ban on same-sex marriage that voters put in place in 2008.
• Pennsylvania — Last week, gay State Rep. Brian Sims announced that he plans to introduce legislation that would institute marriage equality and has begun to seek additional co-sponsors for the measure. Passing the bill will be difficult because Republicans control the governor’s mansion and the Senate in Pennsylvania.
• Colorado — In the state where Gov. John Hickenlooper (D) recently signed into law a measure to legalize civil unions, efforts are underway to extend full marriage equality. Colorado House Speaker Mark Ferrandino, who’s gay, said statewide LGBT rights groups are building a coalition to repeal the ban on same-sex marriage and expecting a ballot initiative before the end of the decade.
• Ohio — National LGBT groups and local activists held a meeting last month to discuss bringing an initiative to the ballot to reverse the state’s constitutional ban on same-sex marriage. One group, Freedom Ohio, said the plan is to take the initiative to the ballot in 2014, although the groups insisted a firm date hasn’t yet been set.
Congress
Lindsey Graham dies at 71
Republican SC senator passed away ‘from a brief and sudden illness’ on Saturday
U.S. Sen. Lindsey Graham (R-S.C.) died suddenly on Saturday.
The South Carolina Republican’s office in a statement said Graham, 71, “passed away from a brief and sudden illness.” The Washington Post reported first responders responded to Graham’s Washington home on Saturday and transported him to a local hospital.
Graham had been in the U.S. Senate since 2002.
The close Trump ally was running for re-election. Graham died a day after he returned to the U.S. from Ukraine.
Speculation over Graham’s sexual orientation persisted during his tenure.
The Washington Blade will update this story.
2026 Midterm Elections
As Washington shifts right, Democratic Socialists gain ground
Next major test for movement comes in Midwest
As President Donald Trump’s second administration has pushed the federal government further to the right on issues ranging from immigration to LGBTQ rights, a different political movement has been gaining momentum inside the Democratic Party.
From industrial communities in upstate New York to Colorado’s Front Range, candidates aligned with the Democratic Socialists of America (DSA) have won a series of victories in Democratic primaries this year, in several cases defeating longtime incumbents who had represented Democratic strongholds for years. Their success has reignited debate over the Democratic Party’s future, as a growing faction of progressive voters calls for a more confrontational approach to economic inequality, healthcare, housing, labor rights, climate policy, and LGBTQ protections rather than what they view as the party’s increasingly cautious establishment.
These victories also reflect a broader ideological divergence in American politics. While Republicans under Trump have embraced a more conservative governing agenda, many Democratic primary voters in safely blue districts appear to be rewarding candidates running on unapologetically progressive platforms that reject incremental change in favor of more sweeping reforms.
The Democratic Socialists of America (DSA), the nation’s largest socialist organization, says it has more than 100,000 members and chapters in all 50 states. The organization advocates what it describes as democratic socialism — promoting social and economic equality through democratic government while supporting a larger public role in healthcare, housing, labor protections, education, and other social programs alongside a regulated market economy.
On its website, the DSA explains its goals are to utilize “progressive movements for social change while establishing an openly democratic socialist presence in American communities and politics.”
For LGBTQ Americans, the organization has long supported expansive nondiscrimination protections, marriage equality, transgender rights, and broader legal protections through a platform first adopted in 2017. Its LGBTQ policy calls for federal legislation prohibiting discrimination, expanded access to gender-affirming healthcare, reproductive freedom, and opposition to laws targeting LGBTQ people.
The movement’s biggest victories came in New York.
Just months after the election of New York City Mayor Zohran Mamdani, a democratic socialist, candidates backed by the DSA and allied progressive organizations swept Democratic primary elections that many political observers viewed as a referendum on the party’s ideological direction.
Among the most notable victories were Brad Lander’s defeat of incumbent Rep. Dan Goldman in New York’s 10th Congressional District, Claire Valdez’s victory over Brooklyn Borough President Antonio Reynoso in the 7th District, and Darializa Avila Chevalier’s upset of five-term incumbent Rep. Adriano Espaillat in New York’s 13th Congressional District.
Overall, nine of the 10 New York City candidates backed by the DSA won their Democratic primaries, further cementing the organization’s growing influence in the nation’s largest city and demonstrating that democratic socialist candidates can compete beyond isolated local races.
Outside New York, the trend continued.
In Colorado, Melat Kiros defeated 15-term incumbent Rep. Diana DeGette in one of the cycle’s biggest primary upsets. Kiros campaigned without accepting corporate PAC contributions and criticized DeGette’s fundraising practices and foreign policy positions, presenting herself as an alternative to the Democratic establishment.
While socialist movements have existed in the United States for more than a century, democratic socialism remained largely on the political margins for decades. That began to change following Sen. Bernie Sanders’ presidential campaigns in 2016 and 2020, which introduced millions of Americans to democratic socialist ideas and energized a younger generation of progressive activists.
Although Sanders never won the Democratic nomination, his campaigns helped reshape the party’s left flank by elevating issues such as universal healthcare, tuition-free public college, stronger labor protections, and economic inequality into the mainstream Democratic conversation.
Today, the movement’s most recognizable elected officials include Rep. Alexandria Ocasio-Cortez and several members of the congressional “Squad,” who have helped normalize the democratic socialist label among younger Democratic voters and increasingly challenged party leadership from the left.
For LGBTQ voters, democratic socialist candidates have frequently positioned themselves among the Democratic Party’s strongest advocates for transgender rights, particularly as the Trump administration has sought to restrict access to gender-affirming healthcare, military service, and other legal protections for transgender Americans.
The next major test for the movement may come in the Midwest.
In Michigan, progressive candidate Abdul El-Sayed is locked in a closely watched Democratic Senate primary, while in Wisconsin, DSA-backed Francesca Hong is seeking her party’s nomination for governor. The outcomes of those races could offer another measure of whether democratic socialism’s recent gains represent a lasting realignment within the Democratic Party or are concentrated primarily in deep-blue urban districts.
Politics
In Trump’s divided America, Michael Weinstein’s AHF responds
PART 1 | Group helps Venezuela, president on Democratic Socialists, Fla. march
As the United States of America acknowledges her 250th birthday, too many Americans are partying with fewer family and friends because their wallets and their patriotic hearts just aren’t in it. Meanwhile, the president is using taxpayer dollars to finance ugly pet projects, and a war of choice with Iran that no one wants, and Congress didn’t authorize, while We the People just watch an uncontrolled Trump train speeding through American lives.
Theoretically, this is nothing new. Since the nation’s founding in 1776, individuals have struggled with where to place their allegiance to best uphold their personal freedom and protect the collective unity of the country.
But now the simple democracy-project premise “of the people, by the people, and for the people” has been upended and subverted by Donald Trump, the amoral corrupt 47th president who is using the once independent Justice Department to bypass “due process” and pursue retribution against his enemies — especially around his baseless 2020 election claims — while rewarding his Jan. 6 army of criminal loyalists with pardons and a proposed $1.8 billion “anti-Weaponization” slush fund, now temporarily blocked by a federal judge.
There have been amoral and ineffectual presidents in the past, as well as arrogant presidents who wielded power inhumanely, such as Andrew Jackson, who defied the Supreme Court and oversaw the Indian Removal Act, and Rutherford B. Hayes, who pulled troops out of the South, effectively ending the post-Civil War Reconstruction era. And there have been dangerous, outright liars like Richard Nixon, Lyndon Johnson, and Warren G. Harding, whose Teapot Dome Scandal in his administration may have killed him.
But American history has never seen such a profoundly corrupt con artist who has taken over the federal government, installing ideological autocratic loyalists intent on expanding Trump’s power in the Supreme Court and Congress — the second and third branches of government intended to provide checks and balances to an overreaching Executive.
And now, in allegiance to White Supremacy and Christian Nationalism, Trump is trying to claim the right and power to decide who gets to claim citizenship, how he can pre-determine the outcome of elections through gaslighting and disinformation, and how he can make American residents afraid and silently complicit by not challenging his blatant racism, sexism, and transphobia.
New York Times columnist M. Gessen writes: “Read the Supreme Court’s recent ruling on transgender athletes — the majority’s decision, written by Justice Brett Kavanaugh, and the dissent, written by Justice Sonia Sotomayor — and you will see the members of the court arguing about something more fundamental than the law. They are arguing about who should be seen, whose story ought to be heard, and who deserves to be protected.”
AIDS Healthcare Foundation co-founder and President Michael Weinstein might add that deciding who lives and dies is fundamental, too. The nonprofit is the world’s largest provider of HIV medical care, cutting-edge medicine, and advocacy regardless of ability to pay with 3 million in care and 50 countries served.
AHF has a history of acting quickly with coalitions when there is a need. For that, Weinstein was honored by the Los Angeles Urban League on June 24 with the John W. Mack Legacy Award during the annual Whitney M. Young Jr. Awards Celebration.
“The Los Angeles Urban League is proud to present the John W. Mack Legacy Award to Michael Weinstein — transformative leader, fearless advocate, and champion for health equity and human rights,” they wrote in their announcement on Facebook.
“As founder and president of AIDS Healthcare Foundation, Michael Weinstein has led one of the largest global HIV/AIDS medical care providers in the world, expanding access to treatment, housing, prevention, and advocacy for underserved communities. His bold leadership has saved lives while challenging stigma and systemic inequities in healthcare,” they continued.
“For decades, he has stood at the intersection of public health and social justice — building systems of care that affirm dignity, expand access, and ensure that the most vulnerable are not left behind. His unwavering advocacy reflects the very principles that guide the Los Angeles Urban League’s mission: advancing equity, protecting opportunity, and strengthening communities,” they said. “In many ways, his work echoes the legacy of Whitney M. Young Jr. — courageous leadership rooted in policy, partnership, and a belief that justice must be both spoken and enacted.”
Interestingly, on June 24, the night the Urban League celebrated Weinstein as “a leader whose impact continues to shape a more just and compassionate future,” two consecutive 7.2 and 7.5 magnitude earthquakes struck northern Venezuela, killing and injuring thousands.
Interim President Delcy Rodríguez later called the earthquakes the “most brutal natural catastrophe” in Venezuela’s history.
In a horrific twist of fate, the BBC reported that ICE had deported more than 140 Venezuelans back to their home country on June 24, where they were housed in a hotel near the coast. The massive quakes struck there hours later, killing at least 2,200 people, injuring more than 10,000, and, according to UN figures, leaving 50,000 missing.
On July 2, the Venezuelan government estimated that 2,295 people died in the earthquakes, with another 11,000 injured.
“However, that’s believed to be a vast undercount. Gianluca Rampolla del Tindaro, the United Nations’ humanitarian coordinator for Venezuela, said the organization was procuring 10,000 body bags. And U.N. emergency relief coordinator Tom Fletcher called an estimate of 50,000 missing people ‘terrifyingly plausible,’” PBS reported.
Remember when Trump said the U.S. will ‘run’ Venezuela after capturing Maduro in surprise military strike?
Meanwhile, the Associated Press reported that Immigration and Customs Enforcement arrested 10,000 people over a five-day period at the end of June — that’s roughly 2,000 arrests per day — continuing Trump’s mass deportations agenda. No news about where they might be sent.
But while Trump is wildly spinning about his Fourth of July plans, AHF is in Venezuela, actively helping those in desperate need.
“The number of fatalities continues to rise, and many shelters have been set up in public spaces to help those in need. Hospitals and morgues are working tirelessly beyond their capacity, demonstrating the community’s resilience. Fortunately, international rescue teams have arrived, offering much-needed assistance to recover those still trapped in the debris. Venezuela’s government response has been uncoordinated, poor, and delayed, influenced by political interests,” AIDS Healthcare Foundation Latin America Bureau Chief Patricia Campos wrote to Weinstein on June 29.
“Despite the communication challenges, our team from AHF Colombia has been communicating with 600 of the 1080 of our patients in care who live in Venezuela. We are continuing to search for the 480 others to be sure they are alive or to support them,” Campos concluded, noting that AHF´s Emergency Aid supplies arrived with 11/13 Foundation and distribution was underway.
In an hour-long Zoom interview, Weinstein talked about a number of issues, including his long association with U.S. Sen. Bernie Sanders (I-Vt.), a self-described Socialist, and the New York races that just yielded three Democratic Socialist candidates (Part 1) and his long, successful fight against Florida Gov. Ron DeSantis’s HIV/AIDS cuts (Part 2).
Check out the video interview here.
“Well, as a native New Yorker,” Weinstein says, “the election in New York is a clash between the corporate Democrats and, particularly, a younger generation, with the exception of Bernie. It’s an epic change, right? And I would say that younger people who powered this (New York Mayor) Mamdani, AOC (New York Congresswoman Alexandria Ocasio-Cortez), and the rest of the movement do not feel that they have a stake in the system the way it is, right? And so, they’re willing to look at more radical answers.
“And this really is similar to the 1930s, you know, whereby when [President Franklin D.] Roosevelt came to office, who was a blue blood, right? He basically said, ‘in order to save the system, we have to move in the direction of socialism.’ He may not have called it that, but that’s essentially what it was,” Weinstein says.
“I mean, the model for democratic socialism is essentially Scandinavian and Northern European countries, right? Which is, essentially, a capitalist system that has a strong safety net, or basically says, ‘we’re going to tax the rich heavily in order to maintain a minimum level of existence for everyone.’
“So that’s basically what Bernie is espousing, and what Mamdani and others are espousing. And I don’t take too seriously … the characterizations that Trump has of them being Communist, et cetera, et cetera.”
Weinstein, longtime Latina activist Dolores Huerta, and an expected crowd of thousands in an AHF-created coalition are participating in a We The People March for Freedom in Trump’s Florida backyard on July 3.
“At a time in our nation when healthcare is being rationed, and rents are outpacing wages, teachers are working second jobs, and rural hospitals are closing, we must continue to stand up for what’s right for all Americans. July 4, 2026, marks 250 years since the Declaration of Independence. The We the People March for Freedom is not just an event to celebrate this document or its declaration of independence, but the night before the fireworks, to remind America what and who it’s for,” stated Esteban Wood, AHF director of advocacy and legislative affairs and March for Freedom coordinator.
This is a cross-post from Ocamb’s LGBTQ+ Freedom Fighters Substack.
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