National
Will Obama appeal DOMA court rulings?
Justice Dept. has until Oct. 12 to decide

President Obama’s commitment to repealing the Defense of Marriage Act is likely to come under enhanced scrutiny next week when the U.S. Justice Department announces its decision on whether or not it will appeal federal court rulings against the statute.
Legal experts across the board are expecting the administration to appeal the decisions as many LGBT advocates grumble that the defense of DOMA in court undermines Obama’s campaign pledge to advocate for same-sex couples.
Richard Socarides, a gay New York attorney and former adviser to President Clinton, said he expects the Justice Department to appeal the cases because he believes the administration hasn’t shown any signs of changing its position after defending DOMA at the district court level.
“I think that they’re going to continue to battle the gay rights movement in the courts,” Socarides said. “I think it continues to be one of the most unfortunate decisions of the president’s entire first two years in office and really something that is perhaps the most troubling part of these first two years of his presidency.”
Socarides said he doesn’t think the administration is compelled to appeal the decisions to the U.S. First Circuit Court of Appeals even as he acknowledged that debate has taken place over whether the president can decide against upholding a federal statute.
“I think that it’s clear now that the president has the option of declining to defend laws that he believes are not constitutional,” Socarides said. “This law has now been declared unconstitutional, so he could agree with the federal district court … and choose not to defend it.”
Evan Wolfson, executive director of Freedom to Marry, also predicted the administration will appeal the decisions made in the DOMA cases because he believes Justice Department officials think they’re required to do so.
Still, Wolfson said the extent to which the Justice Department defends DOMA at the U.S. First Circuit Court of Appeals would be an appropriate gauge to determine the Obama administration’s commitment to supporting LGBT people.
“I think the Justice Department can argue they have to appeal, but they should not be trying to win at all costs, and they should urge the court to adopt a presumption of unconstitutionality for the cruel exclusion from marriage that they themselves admit is discrimination,” Wolfson said.
On July 8, U.S. District Court Judge Joseph Tauro ruled in two separate cases ā Gill v. U.S. Office of Personnel Management and Commonwealth of Massachusetts v. U.S. Department of Health & Human Services ā that the part of DOMA prohibiting federal recognition of same-sex marriage is unconstitutional.
The Obama administration defended DOMA when both those cases came before the U.S. District Court of Massachusetts.
In response to a query on the whether the administration would appeal the rulings, the White House deferred comment to the Justice Department, which didn’t respond.
The deadline for making a decision in the Commonwealth case ā filed by Massachusetts Attorney General Martha Coakley ā is Oct. 12.
The Justice Department doesn’t have to appeal the decision in the Gill case, filed by Gay & Lesbian Advocates & Defenders, until Oct. 18 because the court didn’t enter judgment in the case until later.
Still, Lee Swislow, GLAD’s executive director, said her organization is anticipating the Obama administration will announce its decision for both cases at the same time.
“From an efficiency point of view, the cases are clearly connected and it would make sense for the government to appeal both of them on the same day,” she said.
Announcing a decision to appeal both cases at the same time would also limit the amount of negative press the White House would receive to one day as opposed to stringing out criticism over a series of days.
Swislow said she’s expecting the administration to appeal both lawsuits and said doing so means the Justice Department is doing its duty of defending federal laws.
“I don’t think you can read much into it in terms of the administration’s support in general of LGBT rights,” she said. “From a legal point of view, they have to defend the law or write an official letter to Congress on why they’re not appealing.”
After the Justice Department appeals the decisions to the First Circuit, Swislow said she expects a series of briefs will be filed to the appellate court on both sides, including friend-of-the-court briefs from supporters and opponents of DOMA.
Once oral arguments take place, those involved with the litigation will await the decision of the court.
“We could have a decision anywhere from a year from now to a year-and-a-half from now if they follow their average, and that’s all we have to go on is how long it usually takes at the First Circuit court,” Swislow said.
Once the First Circuit has made its rulings, Swislow said deciding whether or not to appeal the case further to the U.S. Supreme Court would be different for the Obama administration.
Swislow said Justice Department officials could say they’ve “done their job” and not challenge the ruling further ā even as she acknowledged her organization would love a win for the cases at the Supreme Court.
“If we win at the First Circuit Court of Appeals, the question of whether to take it to the Supreme Court or not, I think, is a different calculation,” she said.
Even as many LGBT rights supporters bemoan the administration’s defense of DOMA, others say continued support for the law in court could have some advantages.
Defenders of the Obama administration have said defending anti-gay laws such as DOMA sets a precedent that would prevent future administrations from allowing litigation against pro-laws to go unchallenged.
In an article about the future of litigation against “Don’t Ask, Don’t Tell,” Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, was quoted last week in Politico as suggesting the administration’s defense of the law in court would allow the federal hate crimes law to stay on the books.
“What happens when there’s a legal challenge to, say, hate crimes [law] in a next administration, a possible Republican administration?” Sarvis reportedly said. “Will they defend the federal statute?”
Swislow expressed similar beliefs that defending DOMA would set a precedent for subsequent administrations that could be hostile to LGBT rights.
“We expect them to defend this case and we’re not mad at them for defending this case, and, yes, the process of the Justice Department ā that mandate, really ā to defend the law can help us,” she said.
But Socarides scoffed at the notion that defending laws like DOMA would keep pro-gay laws safe under future administrations.
“I know that a lot of people make it in defense of the administration, but to me, it’s an entirely ludicrous argument,” Socarides said. “That argument turns all logic on its head. We’re not going to defend civil rights because some day the Republicans may choose not to defend civil rights.”
In another respect, appealing the lawsuits to the First Circuit could be beneficial to same-sex couples throughout New England because the higher court has jurisdiction over more states.
A favorable ruling at the First Circuit could invalidate part of DOMA for not just married same-sex couples in Massachusetts, but also couples living in Connecticut, Vermont and New Hampshire.
Swislow said an appeal of the DOMA cases is “really in our interest” because a victory only at the district court level would “only affect our particular plaintiffs” and not anyone else.
“It’s much better, in fact, to have the case appealed so that the victory in the appellate court … affects the First Circuit [and] a victory in the Supreme Court affects the whole country,” she said.
Doug NeJaime, a gay law professor at Loyola Law School, also said an appeal in the GLAD case could be beneficial to married same-sex couples across the nation because of the strong case made by plaintiffs.
“This is a very carefully and limited challenge seeking some federal recognition of married same-sex couples, but only affecting states where couples are allowed to actually enter into marriages that are recognized,” NeJaime said. “So, I think this would actually be a good issue to have work its way up the appellate chain.”
Still, Socarides said the Obama administration shouldn’t be considered a friend to the LGBT community for appealing the lawsuits because the president hasn’t said he’s appealing them for the purpose of having a stronger ruling.
“If the United States came back and said we believe this is unconstitutional, but we’re going to appeal it because we want a ruling from a court of appeals declaring it unconstitutional, that would be terrific, but they don’t say that, do they?” he said.
(Obama photo is a Blade file photo by Michael Key)
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.
Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.
āSuicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.
“Ending the 988 Suicide and Crisis Lifelineās LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens ā it will put their lives at risk,ā they said in a statement. āThese programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nationās young people with strong bipartisan support in Congress and signed into law by President Trump himself.ā
“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.ā
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
āI worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,ā said Janson Wu, director of advocacy and government affairs at the Trevor Project. āI worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end ā and that will only deepen their crisis.ā
Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.
The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agencyās chronic disease programs.”
U.S. Supreme Court
Supreme Court hears oral arguments in LGBTQ education case
Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.
The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.
The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.
āLGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. āThey matter so students can see themselves and their families in the books they read ā so they can know theyāre not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”
She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.ā
GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”
Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Womenās Law Center announced their submission of a 31-page amicus brief in a press release on April 11.
āAll students benefit from a school climate that promotes acceptance and respect,ā said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. āEnsuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.ā
The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.
Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.
Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.
U.S. Supreme Court
LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP
Kennedy v. Braidwood oral arguments heard Monday

Following Monday’s oral arguments before the U.S. Supreme Court in Kennedy v. Braidwood Management, Inc., LGBTQ groups issued statements warning the case could imperil coverage for a broad swath of preventative services and medications beyond PrEP, which is used to reduce the risk of transmitting HIV through sex.
Plaintiffs brought the case to challenge a requirement that insurers and group health plans cover the drug regimen, arguing that the mandate “encourage[s] homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman.ā
The case has been broadened, however, such that cancer screenings, heart disease medications, medications for infants, and several other preventive care services are in jeopardy, according to a press release that GLAAD, Lambda Legal, PrEP4All, Harvard Lawās Center for Health Law and Policy Innovation (CHLPI), and the Center for HIV Law and Policy (CHLP) released on Monday.
The Trump-Vance administration has argued the independent task force responsible for recommending which preventative services must be covered with no cost-sharing for patients is constitutional because the secretary of the U.S. Department of Health and Human Services can exercise veto power and fire members of the volunteer panel of national experts in disease prevention and evidence-based medicine.
While HHS secretaries have not exercised these powers since the Affordable Care Act was passed in 2010, Braidwood could mean Trump’s health secretary, Robert F. Kennedy Jr., takes a leading role in determining which services are included in the coverage mandate.
Roll Call notes the Supreme Court case comes as the administration has suspended grants to organizations that provide care for and research HIV while the ongoing restructuring of HHS has raised questions about whether the āEnding the HIV Epidemicā begun under Trump’s first term will be continued.
āTodayās Supreme Court hearing in the Braidwood case is a pivotal moment for the health and rights of all Americans,” said GLAAD President Sarah Kate Ellis. “This case, rooted in discriminatory objections to medical necessities like PrEP, can undermine efforts to end the HIV epidemic and also jeopardize access to essential services like cancer screenings and heart disease medications, disproportionately affecting LGBTQ people and communities of color.”
She added, “Religious exemptions should not be weaponized to erode healthcare protections and restrict medically necessary, life-saving preventative healthcare for every American.ā
Lambda Legal HIV Project Director Jose Abrigo said, āThe Braidwood case is about whether science or politics will guide our nationās public health policy. Allowing ideological or religious objections to override scientific consensus would set a dangerous precedent. Although this case began with an attack on PrEP coverage, a critical HIV prevention tool, it would be a serious mistake to think this only affects LGBTQ people.”
“The real target is one of the pillars of the Affordable Care Act: The preventive services protections,” Abrigo said. “That includes cancer screenings, heart disease prevention, diabetes testing, and more. If the plaintiffs succeed, the consequences will be felt across every community in this country, by anyone who relies on preventive care to stay healthy.”
He continued, “Whatās at stake is whether we will uphold the promise of affordable and accessible health care for all or allow a small group of ideologues to dismantle it for everyone. We as a country are only as healthy as our neighbors and an attack on one groupās rights is an attack on all.ā
PrEP4All Executive Director Jeremiah Johnson said, “We are hopeful that the justices will maintain ACA protections for PrEP and other preventive services, however, advocates are poised to fight for access no matter the outcome.”
He continued, “Implementing cost-sharing would have an enormous impact on all Americans, including LGBTQ+ individuals. Over 150 million people could suddenly find themselves having to dig deep into already strained household budgets to pay for care that they had previously received for free. Even small amounts of cost sharing lead to drops in access to preventive services.”
“For PrEP, just a $10 increase in the cost of medication doubled PrEP abandonment rates in a 2024 modeling study,” Johnson said. “Loss of PrEP access would be devastating with so much recent progress in reining in new HIV infections in the U.S. This would also be a particularly disappointing time to lose comprehensive coverage for PrEP with a once every six month injectable version set to be approved this summer.ā
āTodayās oral arguments in the Braidwood case underscore what is at stake for the health and well-being of millions of Americans,” said CHLPI Clinical Fellow Anu Dairkee. “This case is not just about legal technicalities ā it is about whether people across the country will continue to have access to the preventive health services they need, without cost sharing, regardless of who they are or where they come from.”
She continued, “Since the Affordable Care Actās preventive services provision took effect in 2010, Americans have benefited from a dramatic increase in the use of services that detect disease early, promote healthy living, and reduce long-term health costs. These benefits are rooted in the work of leading scientists and public health experts, including the U.S. Preventive Services Task Force, whose recommendations are based on rigorous, peer-reviewed evidence.”
“Any shift away from cost-free access to preventive care could have wide-ranging implications, potentially limiting access for those who are already navigating economic hardship and health disparities,” Dairkee said. “If Braidwood prevails, the consequences will be felt nationwide. We risk losing access to lifesaving screenings and preventive treatments that have become standard care over the past decade.”
“This case should serve as a wake-up call: Science, not politics, must guide our health care system,” she said. “The health of our nation depends on it.ā
āWe are grateful for the Justices who steadfastly centered constitutionality and didn’t allow a deadly political agenda to deter them from their job at hand,” said CHLP Staff Attorney Kae Greenberg. “While we won’t know the final decision until June, what we do know now is not having access to a full range of preventative healthcare is deadly for all of us, especially those who live at the intersections of racial, gender and economic injustice.”
“We are crystal clear how the efforts to undermine the ACA, of which this is a very clear attempt, fit part and parcel into an overall agenda to rollback so much of the ways our communities access dignity and justice,” he said. “Although the plaintiffsā arguments today were cloaked in esoteric legal language, at itās heart, this case revolves around the Christian Rightās objection to ‘supporting’ those who they do not agree with, and is simply going to result in people dying who would otherwise have lived long lives.”
“This is why CHLP is invested and continues in advocacy with our partners, many of whom are included here,” Greenberg said.
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