National
Calif. AG: Prop 8 case is about ‘fundamental notions of justice’
Kamala Harris declined to defend state’s same-sex marriage ban


National Council of La Raza honored California Attorney General Kamala Harris in D.C. on March 5. (Photo courtesy of National Council of La Raza)
California Attorney General Kamala Harris told the Washington Blade on Tuesday she feels the U.S. Supreme Court will uphold two previous rulings that found her state’s same-sex marriage ban unconstitutional.
“I think it went well,” she said after the justices heard oral arguments in the Proposition 8 case. “It was clear that this is a case that is about fundamental notions of justice and equality and liberty.”
Harris, who declined to defend Prop 8 after her 2010 election, said the Supreme Court has described marriage “as a fundamental right” 14 times since the 1880s. She added she feels the justices’ questions effectively discredited the proponents’ arguments in support of the same-sex marriage ban that California voters approved in 2008.
“The conversation that was had about the significance of procreation, especially through [Justice Elena] Kagan’s questions highlighted the fact that that’s probably the most bogus distinction that is being offered by the proponents,” Harris said. “On the issue of standing, it’s certainly been our position that Mr. [Dennis] Hollingsworth [of Protect Marriage] has no standing in that there’s no direct harm that would result to him from allowing Ms. [Kristin] Perry to be married to her partner of 16 years with whom she shares a child.”
Harris also discussed comparisons same-sex marriage supporters, legal scholars and others have made between the Prop 8 and Defense of Marriage Act cases and the Supreme Court’s landmark Loving v. Virginia decision that struck down remaining state interracial marriage bans in 1967.
“It was one of those 14 cases that outlined the fact that marriage is a fundamental right,” she said. “It also outlined the fact that government should not interfere with the freedom to marry. And it articulated that the 14th Amendment means having an equal right to the sanctity of marriage.”
Harris further reiterated her point.
“You cannot hold up people’s fundamental constitutional rights,” she said. “Justice delayed is justice denied.”
A poll conducted on behalf of San Francisco television station KPIX between March 22-24 found 67 percent of Californians back marriage rights for same-sex couples. Fifty-two percent of respondents said the Supreme Court should uphold two lower court rulings that found Prop 8 unconstitutional.
A Field Poll last month found 61 percent of Californians approve marriage rights for same-sex couples.
“More important than reading the polls is reading the Constitution,” Harris said in response to a question about whether she feels increased public support of marriage rights for same-sex couples could potentially influence the justices. “That reading should direct the court to protect these same-sex couples’ right to marry.”
She acknowledged abortion remains a controversial issue more than 40 years after the Supreme Court issued its Roe v. Wade decision. Harris pointed out that interracial marriages are no longer contentious in this country.
“It’s not only about polls,” she said, noting President Obama and former Secretary of State Hillary Clinton and former President Clinton are among those who have publicly backed same-sex marriage. “Republican leaders have come out. Fortune 500 leaders, athletes have all come out saying they’re in favor of this. Of what? In favor of not denying people a constitutional right and that’s really is the issue here. We should not be standing in the way of fellow citizens’ equal rights.”
Harris also responded to the Blade’s question about Justice Antonin Scalia’s repeated use of male pronouns to refer to her during the oral arguments.
“He obviously got my gender wrong,” she joked. “But he certainly got the position correct, which is that we are arguing for the court to do the right thing and decide the issue and decide that the Prop 8 ban on same-sex marriage is unconstitutional.”
State Department
HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration
Black coffins placed in front of Harry S. Truman Building

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.
Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.
King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.
“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.
Then-President George W. Bush in 2003 signed legislation that created PEPFAR.
The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the President’s Emergency Plan for AIDS relief and other “life-saving humanitarian assistance” programs to continue to operate during the freeze.
The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations — OUT LGBT Well-being and Access Chapter 2 — that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.
Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”
“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.
Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”
“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

U.S. Military/Pentagon
Pentagon urged to reverse Naval Academy book ban
Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.
Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.
These included “I Know Why the Caged Bird Sings” by Maya Angelou, “Stone Fruit” by Lee Lai, “The Hate U Give” by Angie Thomas, “Lies My Teacher Told Me: Everything Your American History Textbook Got Wrong” by James W. Loewen, “Gender Queer: A Memoir” by Maia Kobabe, and “Democracy in Black: How Race Still Enslaves the American Soul” by Eddie S. Glaude, Jr.
The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.
In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”
“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,” Lambda Legal Chief Legal Officer Jennifer C. Pizer and LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.
Federal Government
White House sues Maine for refusing to comply with trans athlete ban
Lawsuit follows months-long conflict over school sports in state

The Justice Department is suing the state of Maine for refusing to comply with President Donald Trump’s executive order banning transgender athletes from participating in school sports, U.S. Attorney General Pam Bondi announced on Wednesday.
DOJ’s lawsuit accuses the state of violating Title IX rules barring sex discrimination, arguing that girls and women are disadvantaged in sports and deprived of opportunities like scholarships when they must compete against natal males, an interpretation of the statute that reverses course from how the law was enforced under the Biden-Harris administration.
“We tried to get Maine to comply” before filing the complaint, Bondi said during a news conference. She added the department is asking the court to “have the titles return to the young women who rightfully won these sports” and may also retroactively pull federal funding to the state for refusing to comply with the ban in the past.
Earlier this year, the attorney general sent letters to Maine, California, and Minnesota warning the blue states that the department “does not tolerate state officials who ignore federal law.”
According to the Maine Principals’ Association, only two trans high school-aged girls are competing statewide this year. Conclusions from research on the athletic performance of trans athletes vis-a-vis their cisgender counterparts have been mixed.
Trump critics and LGBTQ advocates maintain that efforts to enforce the ban can facilitate invasive gender policing to settle questions about an individual athlete’s birth sex, which puts all girls and women at risk. Others believe determinations about eligibility should be made not by the federal government but by school districts, states, and athletics associations.
Bondi’s announcement marked the latest escalation of a months-long feud between Trump and Maine, which began in February when the state’s Democratic governor, Janet Mills, declined to say she would enforce the ban.
Also on Wednesday, U.S. Education Secretary Linda McMahon said the findings from her department’s Title IX investigation into Maine schools — which, likewise, concerned their inclusion of trans student-athletes in competitive sports — was referred to DOJ.
Earlier this month, the Justice Department pulled $1.5 million in grants for Maine’s Department of Corrections because a trans woman was placed in a women’s correctional facility in violation of a different anti-trans executive order, while the U.S. Department of Agriculture paused the disbursement of funds supporting education programs in the state over its failure to comply with Title IX rules.
A federal court last week ordered USDA to unfreeze the money in a ruling that prohibits the agency from “terminating, freezing, or otherwise interfering with the state’s access to federal funds based on alleged Title IX violations without following the process required by federal statute.”
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