For the better part of its final decade, Rawhide was my bar. The old leather place on Eighth Avenue in Chelsea was dark in the way that mattered, a judgment-free room where the only thing anyone asked of you was that you be yourself. There was the Eagle down the street, a bigger playground, but Rawhide was rawer, closer to the bone, and it happened to sit practically next to my apartment, which made it the place I dropped into on my way home or to kick off a night. 

Most nights I was a simple man at the end of the bar, taking in the spectacle, listening, watching. On slow nights, when the crowd thinned, the bartender would let me put on a few of my own songs and we would all jam to them, and it felt less like a scandalous den than like Cheers with a twist, everybody knowing your name, nobody needing you to explain yourself. Then it closed, and the space became, of all things, a lingerie shop, which tells you most of what you need to know about what New York City decided those rooms were worth.

I bring it up because I recognized something the instant I saw the photographs of Chris Gallant.

Gallant is the 37-year-old openly gay Democrat running for Congress in New York’s first congressional district, out on eastern Long Island, against the Republican incumbent Nick LaLota. A few weeks ago, the New York Post surfaced a set of images from a 2010 photo shoot: Gallant, younger and gorgeous, in bondage gear, pictures taken with a then-partner for the fetish retailer Mr. S Leather. The photos lived openly on the company’s website for most of a decade, and then disappeared. Perhaps inevitably, someone dug them up, handed them to a tabloid and waited for the man to crumble.

Gallant didn’t. In an interview with the New York Times, the military pilot, union leader and firefighter called it his “Kim Kardashian moment,” said his friends have always known he is kinky and refused, flatly, to perform the shame he was supposed to perform. I have rarely been prouder of a stranger.

But I want to be precise about what is actually scandalous here, because everyone keeps aiming at the wrong target. I spend my working life as a trauma-informed violence-prevention educator, which means I spend it on a single distinction: the difference between what is done with your consent and what is done to you without it. By that measure, the photographs are the most innocent thing in this entire story. They were made by consenting adults, with a partner, for a purpose Gallant chose, and they lived in the open for years. There is no victim in them.

The violation came later, and it belongs entirely to whoever pulled those images out of their context to use them as a political weapon. That is the nonconsensual act in this story. That is the thing we should be clutching our pearls about. Someone took a man’s consensual expression of his own desire and weaponized it to try to drive him out of public life, and the media coverage of it largely treated the man in the leather as the problem. 

 

We have the true obscenity backward. The scandal isn’t the leather. It’s the leak.

Gallant’s refusal to grovel is the correct answer — the only answer. For most of my life, the price of a seat at any table was a quiet agreement to be a less vivid version of yourself, to sand down whatever might frighten the neighbors, to apologize in advance for existing. The men I stood shoulder to shoulder with at Rawhide mostly paid that tax their whole lives. So when a candidate looks at the oldest trick in the book — here is evidence that you are a deviant — and simply declines to be ashamed, he is doing something the boy I was could not have imagined. Be queer. Be masculine. Be unafraid, authentic, bold, believable. That is the whole platform, and it is a good one.

Here is where I step off the easy celebration everyone else is writing, though not in the direction you might expect. Gallant is making his stand in a district Donald Trump carried in 2024 and that the Cook Political Report currently rates as Solid Republican. He may well lose. But losing would not make his candidacy a mistake. Every barrier broken is a notch in a glass ceiling, and the ceiling does not care much whether the person who cracked it got to walk all the way through. An out, unapologetic gay man refusing to be shamed off the ballot in Trump Country is exactly the kind of barrier that, once broken, cannot be unbroken.

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There is an asymmetry worth naming. A straight candidate with an old racy photo shoot — such as former Massachusetts Sen. Scott Brown, a Republican who posed nude for a Cosmopolitan photo spread in the 1980s — gets a wink and a news cycle. A gay man with the same gets a referendum on his fitness to serve. But you do not retire a double standard by hiding from it. You retire it by having enough people walk straight into it, unbowed, that it stops working. Gallant just made it work a little less well.

What I actually worry about is not whether Gallant wins. It is whether the next one runs. Look at how the field is being remade right now, by democratic-socialist insurgents, by former military officers and ex-intelligence officials trading their clearances for yard signs — whole new kinds of candidates deciding the work is too important to sit out. So where are the out, unapologetic queer candidates? 

My fear is that a young gay man with a few consensual images somewhere on the internet, and there are a great many of us, watches what is being done to Gallant and quietly decides it is not worth it. My hope is the opposite: that he watches a man refuse to be ashamed and thinks, if he can take that and keep his head up, so can I.

Because that is the thing this moment cannot be allowed to become: a warning. Instead, it has to be an invitation. A seat at the table is too important to cede to whoever is willing to leak a photograph.

Gallant did nothing wrong. He took some beautiful photographs with a partner a long time ago, and he has declined to be sorry about it. The shame in this story was never his, and it was never ours. It belongs, every ounce of it, to the people who went looking for a way to make a good man disappear.

My hope, for the next queer person weighing whether to step into the arena carrying a past and a future both, is that they look at Chris Gallant standing in his own light and decide to run anyway. We need them there.

The post The Democrat congressional candidate who won’t be kink-shamed appeared first on Salon.com.

One of the last decade’s most consequential changes to how the Supreme Court operates is the growth of the so-called shadow docket — a process that allows the justices to decide cases unusually quickly, and often without full briefing or oral argument.

Historically, the Court would typically allow contentious legal issues to percolate in the lower courts for months or even years before the justices agreed to decide one of those issues. Then they’d spend months reading briefs, hearing arguments, and debating the case amongst themselves before they finally issued an opinion. This slow process existed because the Supreme Court is the final word on many legal questions — the Court can even override Congress if it claims a law is unconstitutional — and so it should be cautious before it hands down a decision that cannot easily be displaced.

A new case, which recently arrived on the Court’s shadow docket, embodies all the reasons why America’s highest Court should act carefully and slowly. K.M.K. v. Washington Interscholastic Activities Association involves a highly contentious issue — the plaintiffs in the case effectively want the Supreme Court to bar transgender women from women’s sports teams at high schools and universities, even in states that support trans inclusion in sports.

It also involves an appalling sexual assault allegation. One of the plaintiffs in the case is a high school women’s team wrestler who is identified only by her initials because she is a minor. She claims that one of her wrestling opponents, who is transgender, “forcefully” penetrated the plaintiff’s vagina with her fingers during a match.

As a memo from the local prosecutor’s office points out, if these allegations are true then K.M.K. is the victim of a very serious crime — rape in the third degree. The prosecutor’s office, however, decided not to prosecute because it concluded that it could not prove that a sex crime was committed beyond a reasonable doubt. Among other things, prosecutors spoke to the referee who officiated the match, and he said that “nothing stood out to him during the match” and that “after watching the video of the match, he could not say that the suspect’s hand placement was ‘anything out of the ordinary.’”

The school district, meanwhile, says that it has reviewed video of the match, interviewed both competitors, and that its investigation into the allegation is “still ongoing.”

K.M.K., in other words, is exactly the sort of case that the justices should step away from, sending it back down to the lower courts to gather more information and to fully think through the difficult legal issues presented by the case. Setting aside the horrifying allegations against her one-time opponent, K.M.K.’s lawyers — most of whom work for a Christian right law firm, the Alliance Defending Freedom (ADF) — make novel legal arguments that ask the Court to make broad pronouncements that go far beyond its previous precedents. 

One of their arguments, if taken seriously by the justices, could potentially make it impossible for any school athletes, whether cis or trans, to participate in competitive sports of any kind.

There is a very real risk, in other words, that the Supreme Court will, if it moves too quickly in this case, harm millions of school athletes throughout the country. The factual question of whether a particular wrestler committed a crime is separate from the legal question of whether federal law strips states of their authority over trans participation in women’s sports. And this legal question deserves more deliberation than the Court can give it if it decides this case on the shadow docket.

So what are the actual legal issues in K.M.K.?

In West Virginia v. B.P.J. (2026), the Supreme Court warned that judges should not be given the power to decide which athletes may compete on a women’s sports team. “The legislatures and the schools are better equipped — and under the Constitution, are the more appropriate entities,” Justice Brett Kavanaugh wrote for his Court, “to assess the competing medical and scientific considerations and draw appropriate lines.”

B.P.J., of course, was a loss for transgender rights. The Court rejected a constitutional challenge to state laws that forbid trans women from playing on school sports teams within that state. But the legal question in B.P.J. was whether laws barring trans women from women’s sports are allowed — a question that the Court’s Republican majority answered in the affirmative. A victory for the plaintiffs in K.M.K., by contrast, would likely establish that no state may permit trans women to compete on women’s sports teams, regardless of what the people of that state want.

This Court is often skeptical of claims by trans rights advocates, and it almost always resolves disputes between cultural liberals and religious conservatives in favor of the religious right. That said, this Court has thus far respected states’ rights on another contentious issue that is a high priority for the religious right: abortion. Although the Court’s Republican majority overruled Roe v. Wade and eliminated the constitutional right to an abortion, it has rejected some attempts to restrict abortion in blue states — including by repeatedly ruling against litigants who seek to ban the abortion medication mifepristone.

So it is, at least, possible that this Court will follow a similar path in K.M.K. and conclude that the question of which team trans women should play on should be answered by the states and not the Supreme Court.

Broadly speaking, ADF raises two legal arguments against Washington state’s policy allowing trans women to play on women’s sports teams. It claims that Title IX, a federal law that bars “sex” discrimination by most schools, implicitly requires those schools to have sports teams that only cisgender women may play on. It also claims that the Court’s recent decision in Mirabelli v. Bonta (2026), which requires public schools to out trans students to their parents even if the students wish to keep their gender identity secret, also requires those schools to exclude trans women from women’s sports.

There’s no reason for the Supreme Court to decide either of these questions now, however. As Chief Justice John Roberts wrote in Lux v. Rodrigues (2010), when a party that lost in the lower courts seeks an injunction from a Supreme Court justice before their case is fully litigated in those lower courts, they must demonstrate that “the legal rights at issue are ‘indisputably clear.’” This rule, like many old rules disfavoring shadow docket decisions, exists to prevent the justices from rushing into a decision that may later prove unwise.

There is no plausible argument that Title IX “indisputably” bars trans women from women’s sports. That’s because, just a few months ago in B.P.J., the Court held that it was not deciding the question of “whether, under Title IX and the Equal Protection Clause, schools may allow biological males who identify as female to participate on girls’ and women’s sports teams.” So that’s a recent Supreme Court precedent holding that the answer to this legal question remains open.

Mirabelli, meanwhile, is an unusually thinly reasoned decision. The Court’s Republican majority held that schools must out trans students because of a judicially created doctrine saying that parents have “primary authority with respect to ‘the upbringing and education of children.’” But the Court’s analysis of this issue was just a single paragraph long, it relied on the most malleable doctrine in all of US constitutional law, and it had nothing to say about sports. 

Moreover, as the school district points out in its brief, the Court has never held that a parent’s right to direct the upbringing of their child includes a right to dictate which rules will be used by school sports teams. If such a right existed, a parent might insist that a school bar players of a particular race. Or they might demand that their child be allowed to play football without being tackled.

Competitive team sports simply cannot exist if one player’s mother is allowed to demand changes to the rules that neither the league nor the other players support.

In any event, at this stage in the litigation it should be enough for the Court to say that the unique right claimed by K.M.K.’s mother — the right to dictate which rules a multischool competitive sports league will use — is not “indisputably clear” under current law. 

What should happen when the Court eventually decides whether blue states may allow trans women to play on women’s teams?

It is, to borrow from Lux, indisputably clear that the Court should not give the K.M.K. plaintiffs the sweeping policy change that they seek in a shadow docket ruling. But the justices cannot avoid, forever, the question of whether federal law forbids trans women from playing on women’s teams. So how should they resolve this question when it is more properly presented to them?

Let’s dispose of the plaintiffs’ Mirabelli argument first. While the Court has held that parents have some right to direct the education of their children, prior to Mirabelli, this right was construed narrowly. One older case held that states may not forbid parents from sending their children to private schools. Another held that the government may not bar teachers at these schools from teaching the German language.

Prior to the Court’s barely explained decision in Mirabelli, however, the Court had never held that parents may dictate how public schools operate, and the school district’s brief in K.M.K. cites several court decisions warning against giving parents too much authority over public schools. (The Court did hold, in Mahmoud v. Taylor (2025), that parents who object to a school’s curriculum on religious grounds may opt their children out of certain lessons. But the K.M.K. plaintiffs do not raise a religious objection.) As the Supreme Court said in Prince v. Massachusetts (1944), states may “restrict the parent’s control by requiring school attendance, regulating or prohibiting the child’s labor and in many other ways.” 

It’s clear from Mirabelli that the Court’s Republicans do not share this caution about judicial control over public schools. But, because Mirabelli was so thinly reasoned, it’s also impossible for outside observers to determine why these justices want an unprecedented amount of control over public schooling, or whether they have good reasons for asserting this new power.

I will simply reiterate the school district’s objection that, once the Supreme Court opens the door to parents dictating which rules will be used in school sporting competitions, the lawsuits will not end with parents seeking to kick trans women out of women’s sports. The next parent may object to their child wrestling Black people. Or they may demand that their child be given protective gear that gives them a competitive advantage. Some parents may also demand rules changes that conflict with changes demanded by other parents. And there is no principled way to distinguish these requests from a request to exclude trans women.

There are myriad problems, meanwhile, with the K.M.K. plaintiffs’ Title IX argument. That statute provides that schools that receive “Federal financial assistance” may not exclude individuals from “any education program” on “the basis of sex.” This statute has long been read to require equal treatment of men’s and women’s sports by schools that receive federal funds.

But, as the school district argues in its brief, Washington schools do not discriminate on the basis of “sex” — which the Court has defined to mean sex assigned at birth in this context. Instead, they classify athletes on the basis of gender identity. There is one team for all people who identify as male, whether trans or cis, and another team for all people who identify as female. Social conservatives may object to this arrangement, but it does not classify students based on their sex assigned at birth at all.

The K.M.K. plaintiffs’ argument is also undermined by federal regulations implementing Title IX. Those regulations provide that schools generally should not separate women and men in sports, but that they “may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport.” It is quite a stretch to read regulations saying that schools “may” have sex-segregated teams to say that schools must ensure that their teams are strictly sex segregated.

Finally, recall that Title IX only applies to schools that accept federal funding — schools have the option of rejecting Title IX’s requirements if they also forego federal grants. This matters because, as the Court recently held in Landor v. Louisiana Department of Corrections (2026), “Congress must clearly and unambiguously alert a grant recipient to any condition on federal funds.”

Thus, if there is any ambiguity about whether Title IX requires schools to exclude trans women from women’s sports, that ambiguity must be resolved against imposing any requirements on public schools. Title IX may only be read to ban trans women from women’s sports if it “clearly and unambiguously” does so.

Again, there’s no reason for the justices to resolve either of these questions because, at this early stage in the litigation, the Supreme Court should simply decline to decide K.M.K. because the plaintiffs’ legal rights are not “indisputably clear.” But this Court is often impatient, especially in cases involving culture war issues. Mirabelli was also a shadow docket case, but that didn’t stop the Court’s Republicans from inventing a new legal rule compelling teachers to out their trans students.

There’s a serious risk, in other words, that this Court will rush to decide K.M.K. before it fully considers the legal arguments on either side, or even learns whether the genuinely shocking allegations raised by the plaintiffs have merit.

Update, October 21, 11:45 am ET: The Supreme Court released a brief order on October 21, which ruled against the Trump administration’s request to deny gender-affirming care to transgender prisoners. The order is two sentences long. It is temporary. And it does not explain the Court’s reasoning. So it is not clear why the Court ruled against Trump or even whether Trump will lose if this case reaches the Court again after it has be fully litigated in lower courts. Justices Clarence Thomas and Samuel Alito dissented. The article below was originally published on October 13.

On the first day of his second term, President Donald Trump issued an executive order requiring the Bureau of Prisons to “ensure that no Federal funds are expended for any medical procedure, treatment, or drug for the purpose of conforming an inmate’s appearance to that of the opposite sex.” Issued alongside a record 26 other orders that day, it was an unsurprising development, because Trump had made this issue one of the centerpieces of his 2024 campaign.

The fate of that executive order, as well as the US Bureau of Prisons’ (“BOP”) memoranda implementing the order, is now before the Supreme Court in a case called Trump v. Kingdom. And, while this case obviously has high stakes for incarcerated transgender people specifically, the Court’s resolution of this case could potentially have far greater reach — cutting off many cis and transgender people’s access to healthcare while they are incarcerated.

That’s because one of the central questions in Kingdom — though this issue is not yet before the justices — is when the Constitution requires prisons to provide medical care to incarcerated people. In Estelle v. Gamble (1976), the Supreme Court held that the Eighth Amendment’s ban on “cruel and unusual punishments” imposes on the government an “obligation to provide medical care for those whom it is punishing by incarceration.” People in prison, after all, cannot simply drive themselves to the hospital if they get sick. If the prison does not give them adequate medical care, they will suffer untreated and potentially die.

For procedural reasons, the Court is unlikely to opine on whether Estelle requires prisons to provide gender-affirming care to trans people right away. But the question of when the Eighth Amendment requires prisons to provide medical care to incarcerated people is front and center in the Kingdom case, which means the Court could potentially use Kingdom to limit all imprisoned people’s access to healthcare — or even to undercut the Constitution’s protections against cruel and unusual punishments more broadly.

Ironically, this case also arises out of a famous political blunder by pro-trans advocates. In 2019, when then-Sen. Kamala Harris was seeking her party’s 2020 presidential nomination, the ACLU circulated a questionnaire to candidates that asked if they would use presidential authority “to ensure that transgender and nonbinary people who rely on the state for medical care — including those in prison and immigration detention — will have access to comprehensive treatment associated with gender transition, including all necessary surgical care?” 

Harris responded that she would, and also said that she “pushed the California Department of Corrections and Rehabilitation to provide gender transition surgery to state inmates” while she was state attorney general. 

Years later, during his 2024 debate with Harris, Trump claimed that the then-vice president “wants to do transgender operations on illegal aliens that are in prison.” And not long after, his opposition to gender-affirming care for trans people in prison became a key part of his campaign.

It’s unclear why the ACLU thought it was a good idea to shine a light on this issue in 2019 because, at the time, the BOP provided gender-affirming care to people in federal prison. The ACLU — which represents the pro-trans side in the Kingdom case — now argues that transgender people in federal prison have had access to at least some forms of gender-affirming care “since at least 1992.”

Indeed, Trump’s own administration concluded in a 2018 memo that the Bureau of Prisons’ “statutory mandate to provide basic medical and mental health care” to incarcerated people obligated it to provide “pharmaceutical interventions (e.g., cross-gender hormone therapy), hair removal and surgery (if individualized assessment indicates surgical intervention is applicable)” to transgender people in prison if their doctors determined that these interventions are “medically necessary care.”

In any event, regardless of why Trump fixated on cutting off trans healthcare for people in federal prison, Kingdom is now before the Court. That means that the fate of trans people in prison — and, if the Eighth Amendment issue eventually reaches the Court, all incarcerated people — is now in the hands of a Republican Court that is often hostile to trans litigants, and that has, at times, signaled that it wants to drastically roll back the scope of the Eighth Amendment.

What are the legal issues in the Kingdom case?

At least since Estelle, the Court has held that people who are incarcerated are not also sentenced to live and die without medical care. As the Court said in Brown v. Plata (2011), “a prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with the concept of human dignity and has no place in civilized society.”

Under Estelle and Brown, transgender people often have a right to gender-affirming care during their incarceration. As the US Court of Appeals for the Ninth Circuit held in Edmo v. Corizon (2019), such a person must show that they have a “serious medical need” for such care — typically by demonstrating that the care was prescribed to them by their health provider. But the Constitution does not permit prisons to deny medically necessary care to incarcerated people.

In Kingdom, the ACLU raised this Eighth Amendment argument in the lower courts, but those lower courts ruled in favor of transgender people in prison on different, much more technical legal grounds.

For over three decades, from at least 1992 to 2025, according to the ACLU’s brief to the justices, the BOP provided at least some gender-affirming care, including hormone therapy, to transgender people. This matters because, when a federal agency changes its policies, a federal law typically requires it to “examine the relevant data and articulate a satisfactory explanation for its action, including a rational connection between the facts found and the choice made.” This explanation often must explain the agency’s justification for “disregarding facts and circumstances” that justified the previous policy.

Both the ACLU and the lower courts that heard Kingdom argue that the Trump administration did not comply with this obligation when it cut off care for trans people in prison. 

Among other things, the district court that heard this case determined that the administration cited “zero evidence from its own medical or mental health care professionals to support its conclusions” against providing transgender healthcare. While the Trump administration argues that providing gender-affirming care makes prisons less safe, the district court also noted that “the government has not cited a single instance of gender-affirming care giving rise to safety concerns despite having provided such care for many years.”

Is this a persuasive legal argument against the Trump administration’s new policy? I think it is. And so did three federal judges that previously heard the Kingdom case. But the fate of trans people in prison is now in the hands of a Supreme Court that rarely rules in favor of transgender litigants, and that has a history of handing down legally incoherent opinions that are inconsistent with the Court’s own precedents, and that also deny legal rights to trans people.

The current Court’s uncertain commitment to the Eighth Amendment

Because the lower courts that heard Kingdom did not rule on the Eighth Amendment question, Kingdom should not currently give the justices an opportunity to roll back Estelle. But, in the likely event that this Court rejects the ACLU’s argument that the Trump administration did not adequately explain its new policy, the case will return to the lower courts and the Eighth Amendment issue will be fully litigated — teeing up the Eighth Amendment question for the justices to decide in the near future.

This issue could arise, moreover, at the exact moment that some justices are pushing for sweeping changes to how their Court understands the term “cruel and unusual punishments.” Indeed, at least some of the Supreme Court’s recent Eighth Amendment precedents suggest that the Republican justices want a wholesale rewrite of the Court’s previous precedents laying out what constitutes cruel and unusual punishment.

Since the mid-to-late twentieth century, the Court has held that, in Chief Justice Earl Warren’s words, the Eighth Amendment “must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.” Thus, as certain forms of punishment grow more uncommon, they become more constitutionally dubious.

This “evolving standards of decency” framework is front and center in nearly every major Supreme Court decision interpreting the Eighth Amendment for the last five or six decades, including Estelle.

In Bucklew v. Precythe (2019), however, the Court’s Republican majority seemed to abandon this framework. Although decades worth of pre-Bucklew decisions established that a punishment is unconstitutional if it is considered cruel and unusual today, Bucklew suggested that a method of punishment is unconstitutional only if it “had fallen out of use” at “the time of the founding.” 

Bucklew did list some methods of punishment that fail this test, but they are things like “disemboweling” or “burning alive.”  

Thus, if taken seriously, Bucklew’s new approach to Eighth Amendment cases would dramatically expand the government’s power to impose harsh punishments. The late Justice Antonin Scalia, for example, argued that a Bucklew-like approach to the Eighth Amendment does not prohibit the government from executing most intellectually disabled offenders, and that it does not limit the government’s ability to impose excessive punishments for minor crimes.

In fairness, some of the Court’s post-Bucklew decisions are inconsistent with the framework the Court laid out in that case. So at least some of the justices who joined Bucklew may have since decided that it’s a bad idea to toss out the Court’s entire framework for Eighth Amendment cases. But Bucklew was one hell of a warning shot over the bow of the Eighth Amendment. And the mere fact that the Bucklew decision exists means that advocates for humane punishments must hold their breath any time this Court is asked whether a particular punishment is cruel and unusual.

In the worst-case scenario for people in prison, a case like Kingdom could inspire the Republican justices to overrule — or, at least, drastically limit — decisions like Estelle and Brown. That would mean that all incarcerated people, regardless of their gender identity, could lose access to medically necessary care unless the government decides to give it to them as an act of grace.