There’s no sugar-coating this. Last night was a terrible night for US Democrats and US Democracy.
At time of writing there’s still a narrow theoretical path for Kamala Harris to win the presidency, but it sure looks like we’re in for four more years of President Trump. Making it worse, Democrats have lost the Senate by a wide margin, so Trump will likely not face any obstacles to appointing the worst possible cabinet secretaries and judges, including likely two Supreme Court justices.
We should all be bracing ourselves for a renewed attack on LGBT rights from the US federal government, as well as the US pulling back on efforts to promote human rights generally and LGBT rights specifically abroad.
Beyond the headline numbers, there’s mixed news.
Democrats appear to have flipped the House, so they should be able to act as a brake on Republican legislative proposals and will have a say in the budget process for the next two years. Of course, Republicans have been more than willing to act through the executive and judiciary to accomplish their policy goals.
Openly LGBTQ Members of Congress
The new crop of Democratic lawmakers includes Delaware Rep. Sarah McBride, who is the first openly trans person elected to the US Congress.
Among openly LGBT incumbents, Mark Pocan, Angie Craig, Sharice Davids, Mark Takano, Chris Pappas, Ritchie Torres, Becca Balint, Robert Garcia, and Eric Sorensen – all Democrats – appear to have won their bids for reelection.
Joining them is Julie Johnson, the first LGBTQ person elected to congress from a Southern state). Will Rollins in California is in a race too close to call, challenging a Republican incumbent.
Unfortunately, Tammy Baldwin appears to be in danger of losing her Wisconsin Senate seat, and with California Senator Laphonza Butler’s appointment to the Senate ending and Arizona Senator Krysten Sinema retiring, there will not be any openly LGBT Senators. Sinema is being replaced with Democratic Senator-elect Ruben Gallego, so in that respect at least, it’s an improvement.
Ballot Questions
Marriage Equality – Voters in California, Colorado, and Hawaii all approved state constitutional amendments to protect same-sex marriage. Voters in New York approved an equal rights amendment that indirectly protects marriage equality by banning discrimination based on sexual orientation and gender identity.
Abortion – The same New York amendment also protects abortion rights. Voters in Maryland, Colorado, Missouri, and Arizona all passed abortion rights amendments into their state constitutions. An abortion rights amendment was leading in Montana as well.
Voters appear to have approved an abortion rights amendment in Nevada, but it must also pass again in 2026 before it is added to the constitution.
In Florida, an abortion rights question both 57% support, but failed to reach the required 60% threshold to pass. This is bananas in a state where voters sent Trump to the White House and Republican supermajorities to the state legislature and congress.
Voters in Nebraska and South Dakota outright rejected abortion rights amendments. In Nebraska, voters endorsed a competing amendment that would ban abortion after the first trimester. Voters in South Dakota also appear to have rejected amending the state constitution to make language referring to state officers gender-neutral.
Courts
Republicans swept offices in Ohio, winning three Supreme Court seats and giving them a 6-1 majority.
A Supreme Court in North Carolina is too close to call right now, but it looks like Republicans have flipped a seat, giving them a 6-1 majority.
State Legislatures
Most competitive state legislatures that I was watching remain too close to call, but suffice it to say, it doesn’t look like a blue wave is coming. Democrats do not look set to gain control of any state legislatures this year. At current writing, Democrats look set to lose control of the Michigan House, which will put an end to progress on any LGBT rights legislative initiatives in that state until 2026. Control of the Minnesota House also looks like it’s in jeopardy.
The silver lining seems to come in North Carolina, where Democrats appear to have knocked back the Republican supermajority in the state house. This will preserve Democratic Governor-elect Josh Stein’s veto power, and hold back Republicans’ worst legislative initiatives.
Well. If you’ve made it this far… I’m sorry. The next few years are going to be tough. Most of us remember the original Trump White House. This one will likely be worse. With an emboldened Senate and Supreme Court teeming with newly elected and appointed members who owe him fealty, and with his team having spent eight years preparing the absolute chaos they plan to rain down on America and the world.
Take care of yourselves and your neighbors, and get involved. The 2026 election starts… sigh… now.
Thank you for continuing your good work. We will change America from the bottom up, since we can't from the top down.
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