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5 takeaways from Election Day

Obama’s marriage support was a good political move and other observations

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HRC, Human Rights Campaign, election 2012, Washington Blade, gay news
election 2012, Human Rights Campaign, gay news, Washington Blade

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.”

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Federal Government

Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House

Andry Hernández Romero had asked for asylum in US

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.

Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.

The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.

Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.

Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.

“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.” 

Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.

‘Due process and accountability cannot be optional’

Immigrant Defenders Law Center on Friday also made the following demands: 

  • The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released. 
  • The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.  
  • DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.  
  • DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.  
  • Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.   

“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.” 

“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.” 

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The White House

Trump proclamation targets trans rights as State Dept. shifts visa policy

Recent policy actions from the White House limit transgender rights in sports, immigration visas, and overarching federal policy.

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President Donald Trump stands in the Roosevelt Room in December 2025. (Washington Blade Photo by Joe Reberkenny)

In a proclamation issued by the Trump White House Thursday night, the president said he would, among other things, “restore public safety” and continue “upholding the rule of law,” while promoting policies that restrict the rights of transgender people.

“We are keeping men out of women’s sports, enforcing Title IX as it was originally written, and ensuring colleges preserve — and, where possible, expand — scholarships and roster opportunities for female athletes,” the proclamation reads. “At the same time, we are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

The statement comes amid a broader series of actions by the Trump administration targeting transgender people across multiple federal policy areas, including education, health care, and immigration. A nearly complete list of policies the current administration has put forward can be found on KFF.org.

One day before the proclamation was issued, the U.S. State Department announced changes to visa regulations that could impact transgender and gender-nonconforming people seeking entry into the United States.

The policy, published March 11 and scheduled to take effect April 10, introduces changes to the Diversity Immigrant Visa Program, commonly known as the “DV Program.” The rule is framed by the department as an effort to strengthen oversight and prevent fraud within the visa lottery system, which allocates a limited number of immigrant visas annually to applicants from countries with historically low rates of immigration to the United States.

However, the updated language also standardizes the use of the term “sex” in federal regulations in place of “gender,” a change that LGBTQ advocates say could create additional barriers for transgender and gender-diverse applicants.

The policy states: “The Department of State (‘Department’) is amending regulations governing the Diversity Immigrant Visa Program (‘DV Program’) to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word ‘shall’ to simplify guidance for consular officers; ensure the use of the term ‘sex’ in lieu of ‘gender’; and replace the term ‘age’ in the DV Program regulations with the phrase ‘date of birth’ to accurately reflect the information collected and maintained by the Department during the immigrant visa process.”

Advocates say the shift toward using “sex” rather than “gender” in federal immigration rules reflects a broader push by the administration to roll back recognition of transgender identities in federal policy.

According to the National Center for Transgender Equality, an estimated 15,000 to 50,000 undocumented transgender immigrants currently live in the United States, with many entering the country to seek refuge from persecution and hostile governments in their home countries.

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Florida

Fla. House passes ‘Anti-Diversity’ bill

Measure could open door to overturning local LGBTQ rights protections

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(Photo by Catella via Bigstock)

The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.

The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.

Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.

The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.

But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.

“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.

But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”     

The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”

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