National
5 takeaways from Election Day
Obama’s marriage support was a good political move and other observations

Members of the community celebrated President Obama’s reelection at the Human Rights Campaign election watch party at Eatonville on 14th Street. (Washington Blade photo by Michael Key)
Hailed as a watershed moment for the LGBT movement, Election Day yielded several milestones that political observers say will have a profound impact on the advancement of LGBT rights and marriage equality going forward.
Here are five takeaways from an evening that saw wins for marriage equality at the ballot and the election for the first time of an openly gay U.S. Senate candidate — not to mention the re-election of a U.S. president who endorsed marriage equality.
1. The sky’s the limit for gay candidates seeking political office
Lesbian U.S. Senate candidate Tammy Baldwin made history when she became the first openly gay person elected to the U.S. Senate in a highly contested race against former Wisconsin Gov. Tommy Thompson. She’ll be part of a record number of as many as seven openly gay, lesbian and bisexual candidates elected to Congress and 121 candidates endorsed by the Gay & Lesbian Victory Fund elected to various offices throughout the country.
Baldwin’s sexual orientation was virtually a non-issue during the campaign. The only time it came up was when Brian Nemoir, a Thompson campaign official, circulated a video of her dancing at a gay Pride festival and told media outlets, “Clearly, there’s no one better positioned to talk ‘heartland values’ than Tammy.” The incident resulted in negative press for Thompson, who apologized for his aide’s action.
The glass ceiling broken by Baldwin could be a hopeful sign for other LGBT officials seeking office — such as lesbian New York City Council Chair Christine Quinn, who’s likely to run for mayor of the nation’s largest city in 2013 — that sexual orientation needn’t be a factor even when pursuing the highest offices in the nation.
Dan Pinello, who’s gay and a political scientist at the City University of New York, said Baldwin’s election “was a remarkable achievement” as was the the election of additional openly gay people to the House.
“An LGBT candidate no longer has to worry about facing his or her sexual orientation in terms of it being an impediment in running for public office,” Pinello said. “Tammy Baldwin most clearly demonstrates that, her being elected the first openly gay or lesbian senator.”
Some barriers have yet to fall. Gay Republican Richard Tisei failed in his bid to unseat incumbent Democrat Rep. John Tierney from a House seat in Massachusetts, which means the LGBT contingent in Congress will be entirely Democratic and an openly gay non-incumbent Republican has yet to win election to Congress. No transgender candidate has won election to Congress, although Stacie Laughton, a Democrat, was elected in New Hampshire as the first openly transgender person to a state legislature in the country.
Denis Dison, a Victory Fund spokesperson, noted that 40 state legislatures will now have LGBT representation and said the priority for his organization over the next 10 years is to elect an openly LGBT person to each state throughout the country.
“That matters greatly at the state level; it matters greatly at the municipal level,” Dison said. “There are some states out there where there’s one out elected official, and that’s kind of a very tenuous position, and we want to make sure that we are building capacity — and that’s states that people don’t talk about very much: the Nebraskas and Kansas.”
2. Obama’s support of marriage equality was a good political move
At the time President Obama completed his 19-month “evolution” in May and announced his personal support for marriage rights for gay couples, many political observers feared a backlash against him at the polls.
Many predicted — as it turns out, correctly — that states once considered battlegrounds —Missouri, North Carolina and Indiana — would fall in the Republican column because of their large evangelical populations. Whether Obama would be able to make the difference in the Electoral College to reach 270 votes was unclear.
But the result was positive — most initially in terms of financing for the Obama campaign. According to an analysis from National Public Radio, donations to Obama nearly tripled in the immediate period after the announcement. The campaign took in nearly $9 million over three days, compared to $3.4 million in the three previous days. The Washington Blade reported anecdotally that while many major donors had already maxed out their contributions, Obama’s new support for marriage equality resulted in his supporters making more small donations to the campaign.
Richard Socarides, a gay New York advocate who pushed Obama to support same-sex marriage, said coming out for marriage equality helped Obama not only in terms of donations before the election, but energized LGBT voters to come to the polls.
“I think it excited Democrats and young voters and gay and lesbian voters,” Socarides said. “His margin of victory in the popular vote was less than his vote among gays and lesbians, so I think gays and lesbians turned out for him.”
Socarides pointed to exit polling showing gay voters made up 5 percent of the electorate and 77 percent of them voted for Obama — an increase from the 2008 election — as evidence the gay vote is significant and helped Obama claim victory.
The youth vote was also significant in the election. According to the early National Exit Poll conducted by Edison Research, Obama won 60 percent of the youth vote, compared to 36 percent for Romney. Voters from ages 18 to 29 represented 19 percent of the electorate, which is an increase of one percentage point from 2008.
Pinello said Obama’s support for marriage equality helped drive to the polls younger voters, who are generally more supportive of same-sex marriage.
“The Obama campaign used marriage equality as a means to target younger voters to turn out in greater numbers as has been the case in the past,” Pinello said. “I think that was probably fairly wise of the Obama campaign. I think they succeeded in strengthening and increasing the size of their base in doing so.”
3. LGBT support alone won’t save Republicans in moderate districts
Despite the apparent support that Obama won as a result of coming out for marriage equality, Republicans in office who were supportive of LGBT issues didn’t fare as well in the 2012 election.
In Massachusetts, Tisei was notable among those Republicans. Also of note is freshman Rep. Nan Hayworth (R-N.Y.), a co-sponsor of the Employment Non-Discrimination Act, who lost to gay Democrat Sean Patrick Maloney; Rep. Judy Biggert (R-Ill.), who voted for “Don’t Ask, Don’t Tell” repeal even before the Pentagon report came out in favor of open service; and Rep. Mary Bono Mack (R-Calif.), who during her five terms in Congress voted against a Federal Marriage Amendment and in favor of ENDA and hate crimes legislation. U.S. Senate candidate Linda McMahon in Connecticut was also defeated; she supported Defense of Marriage Act repeal.
These Republicans were supported by gay GOP groups. The American Unity PAC, which was working to support pro-LGBT Republicans, notably spent a total of $420,000 in advertising to protect Bono Mack; $260,000 in Connecticut for McMahon; $540,000 in Biggert’s campaign; $530,000 in the Tisei race and $260,000 in ad buys on behalf of Hayworth. But each of these investments ended in losses.
Jeff Cook, senior adviser to the American Unity PAC, blamed the losses on the general poor showing by the Republican Party during the 2012 election and said the party as a whole needs to adapt to survive.
“It was a tough night for Republicans in most of the country,” Cook added. “The impact was particularly felt in moderate, swing districts where our party’s brand too often has limited our candidates’ appeal. It’s increasingly clear that there is a need to modernize the Republican Party, not only to win full inclusion for gay and lesbian Americans, but to ensure that the GOP can compete and win in the 21st century.”
Cook noted that Reps. Ileana Ros-Lehtinen (R-Fla.) and Richard Hanna (R-N.Y.), pro-LGBT Republicans who were also recipients of funds from the American Unity PAC, won re-election. These candidates weren’t in as highly contested races.
4. The national trend in favor of marriage equality is real
Four states yielded good news for supporters of same-sex marriage on Tuesday night: Maine approved a voter-initiated referendum legalizing same-sex marriage; voters in Maryland and Washington upheld same-sex marriage laws passed by the legislatures put up for referenda; and Minnesota voters rejected a constitutional amendment that would have restricted marriage to one man, one woman.
The wins were a remarkable turnaround after loses in years past, breaking a losing streak in 32 states where same-sex marriage lost at the ballot. Moreover, the wins also validate national polls showing a gradual rise in support for same-sex marriage, which has led to a bare majority supporting marriage rights for gay couples.
Lanae Erickson, a lesbian and director of social policy and politics for the moderate group Third Way, said the election demonstrated marriage equality is coming into the mainstream after having been a hot-button issue for many years.
“I think this election showed that marriage and LGBT issues are no longer going to be a divisive social issue in the way they have been in the past,” Erickson said. “It definitely shows that the losing season that we had is relegated to history and now we’re in a new season where we can win frequently if not most of the time, especially on marriage.”
The victories have spurred talk about which states will be next to legalize same-sex marriage as Illinois and Minnesota are in position to take action in 2013. In New Jersey, Gov. Chris Christie has said he would favor allowing a referendum on same-sex marriage, but LGBT advocates in the state have dismissed that option.
Pinello warned that the marriage equality side won by a slim margin in these states — in Washington State, for example, the marriage law was approved by 52 percent as votes continued to trickle in — and said LGBT advocates shouldn’t attempt to place the issue on the ballot in a year other than a presidential election when the youth and progressive turnout isn’t high.
“If activists were to decide then to try it again in other states like Oregon, for example, in 2014, an off-year election, I think it might be a mistake because, again, the part of the population who are LGBT friendly tend not to turn out as much in off-year elections,” Pinello said.
5. The influence of anti-gay groups is waning
The Election Day results were a disaster for social conservative groups trying to stop the legalization of same-sex marriage and elect Republican presidential nominee Mitt Romney.
The day after the election, the National Organization for Marriage’s Brian Brown issued a statement saying the American public still favors marriage between one man, one woman, but his organization was up against “a huge financial advantage” from marriage equality supporters.
In an email message to supporters on Wednesday, the Family Research Council’s Tony Perkins dismissed the results at the ballot, saying, “And while homosexuals may be celebrating an end to our movement’s perfect record, they still have a long way to go to match the 32 states where Americans voted overwhelmingly to protect the union of a man and woman.”
Erickson said although NOM is a one-issue group and unlikely to change its tune even in the wake of its losses, social conservative groups may seek to veer away from demonizing LGBT people.
“I think a lot of the other social conservative groups will turn their attention toward other issues because they realize that the momentum on this one just is not in their favor,” Erickson said. “They’re pushing a lot, for example, to say, ‘Yeah, younger people are trending better on LGBT issues, but they’re more pro-life than their older counterparts and we can still get them on immigration and we can still get them on abortion.”
One question is whether heads will roll at these organizations as a result of their failures on Election Day. Will Brown and Perkins be forced to step down? The Huffington Post reported on Wednesday that a Republican operative said billionaire donors who contributed to the Republican Party are “livid” about the election results. Similar heat may be coming down on social conservative groups.
Pinello said conservative organizations will likely have more difficulty finding funds as donations dry up in the wake of their defeats.
“I think their momentum has been taken away; they’ve been deflated,” Pinello said. “They’re no longer guaranteed a win, so, donors, I think would be much more circumspect about whether this is the best place to put their money.”
Federal Government
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.
