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Pelosi, Hoyer rebuke Boehner for defending DOMA in veteran case

BLAG set to intervene on behalf of anti-gay portions of Title 38 for first time

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House Minority Leader Nancy Pelosi (Blade file photo by Michael Key)

House Democratic leaders are continuing to criticize Speaker John Boehner for defending the Defense of Marriage Act in court and accuse him of going beyond his existing authority ahead of his planned intervention in a lesbian veteran’s litigation against the statute.

In a letter dated March 30, House Minority Leader Nancy Pelosi (D-Calif.) and House Minority Whip Steny Hoyer (D-Md.) write to the speaker to express concern about Boehner intervening on behalf of DOMA in the case of Cooper-Harris v. United States.

ā€œThis latest decision not only ignores the civil rights of LGBT Americans but opens a new, direct assault on veterans,ā€ Pelosi and Hoyer write. ā€œThe men and women of our Armed Forces serve with courage and dignity on behalf of our safety and security. They risk their lives for the country they love ā€“ and they should not face prejudice at home because of whom they love. These brave soldiers deserve nothing less than our gratitude, our respect, and the benefits they have earned in battle.ā€

On Feb. 1, the Southern Poverty Law Center filed the lawsuit against DOMA in the U.S. District Court for the Central District of California on behalf of Tracey Cooper-Harris, who’s seekingĀ benefits as a disabled Army veteran her spouse, Maggie Cooper-Harris. The two were married in California in 2008 before Proposition 8 took effect.

Boehner’s attorney’s has yet to file the intervention, but the Washington Blade has obtained documents revealing their intent to intervene in the lawsuit. Informed sources are expecting a formal filing of the intervention next week.

Boehner will be defending not just DOMA in court, but Title 38, a law governing veteran benefits that as written precludes same-sex married couples from obtaining benefits. It’s the first time the speaker has elected to defend this statute in addition to DOMA.

In a letter last month, U.S. Attorney General Eric Holder notified Congress that the Obama administration would no longer defend portions of Title 38 related to same-sex couples as it has with DOMA.

It’s taking on defense of Title 38 that Pelosi and Hoyer belief are beyond Boehner’s authority. In the letter, the lawmakers request a formal Bipartisan Legal Advisory Group vote on defending Title 38 and ask that any extension of the existing legal contract receive prior examination by the Committee on House Administration and the House Ethics Committee.

Brendan Buck, a Boehner spokesperson, issued a statement saying the speaker’s intervention in the case against Title 38 is aligned with House rules.

“It was determined through consultations with each office ā€” the process used to make such decisions regularly under then-Speaker Pelosi ā€” that a majority of the BLAG believes the constitutionality of this statute, which the Attorney General described as ‘identical in material respect to the language of Section 3 of DOMA,’ should be determined by the judicial branch, not through a unilateral decree of the President,” Buck said.

Tracey (left) & Maggie Cooper-Harris (Blade file photo by Michael Key)

Tracey Cooper-Harris wasĀ diagnosed in 2010 with multiple sclerosis, and the Department of Veterans Affairs has determined is connected to her military service in Iraq and Afghanistan, She’s been receiving disability benefits as a veteran, but is unable to receive spousal benefits that she would otherwise be entitled to if she were in an opposite-sex marriage. Among them are disability benefits meant to ensure the financial stability of spouses.

Christine Sun, deputy legal director for the Southern Poverty Law Center, said her organization is pleased House Democratic leaders are taking interest in its lawsuit.

“We are pleased that Representatives Nancy Pelosi and Steny Hoyer are getting involved in the Cooper-Harris case and standing with veterans,” Sun said. ā€œIt is astonishing that Rep. John Boehner and his colleagues are continuing this shameful crusade against our brave men and women in uniform and is nothing short of disgusting.ā€

After the Obama administration announced that it would no longer defend DOMA in court last year, Boehner directed House General Counsel Kerry Kircher to defend the statute after BLAG voted 3-2 on a party-line basis to take up defense of the law.

According to Leader Pelosi’s office, the Cooper-Harris case marks the 12th time Boehner has intervened to defend. Earlier this week, officials testified this week that House defense of DOMA thus far has cost $742,000, although Boehner hasĀ raised the cost capĀ to $1.5 million.

The full text of Pelosi and Hoyer’s letter to Boehner follows:

March 30, 2012

The Honorable John Boehner
Speaker of the House of Representatives
United States Capitol
H-232, The Capitol
Washington, D.C. 20515

Dear Mr. Speaker:

Today, we were notified that the House, through outside counsel acting at your direction, has decided to intervene in a case challenging the constitutionality of laws denying federal benefits to military spouses on the basis of their sexual orientation.Ā  As members of the House Bipartisan Legal Advisory Group (BLAG), who were not consulted prior to this unwise decision, we strongly object to spending taxpayer money to intervene in this case against a decorated veteran, Tracey Cooper-Harris, and her spouse, Maggie Cooper-Harris.Ā  This decision clearly exceeds the scope of the original BLAG authorization, with which we initially disagreed.

This intervention once again puts the House of Representatives on the wrong side of the future ā€“ supporting discrimination, unfairness, and the denial of basic equality to all Americans.Ā  We have objected to prior decisions by the House Republican BLAG members to spend hundreds of thousands of taxpayer dollars to defend discrimination.Ā  This latest decision not only ignores the civil rights of LGBT Americans but opens a new, direct assault on veterans. Ā  The men and women of our Armed Forces serve with courage and dignity on behalf of our safety and security.Ā  They risk their lives for the country they love ā€“ and they should not face prejudice at home because of whom they love.Ā  These brave soldiers deserve nothing less than our gratitude, our respect, and the benefits they have earned in battle.

The plaintiffs inĀ Cooper-Harris v. U.S.Ā argue that federal law, including Section 3 of the Defense of Marriage Act (DOMA), 1 U.S.C. Ā§ 7, and portions of the Veteranā€™s Benefits title of the United States Code, 38 U.S.C. Ā§ 101(3) and (31), denies them equal protection under the law by failing to uphold our promises to our servicemembers to care for them and their families. Ā We agree, and note that the U.S. Department of Justice has notified Congress that Section 3 of DOMA ā€“ as well as the definitional portions in Title 38 dealing with military and veteransā€™ benefits ā€“ ā€œcannot be constitutionally applied to same-sex couples who are legally married under state law.ā€Ā  We applaud the decision of the Attorney General against defending indefensible discrimination.

Federal district courts have already deemed DOMA unconstitutional, and the Justice Department will not defend the law.Ā  We call upon the Republican members of the BLAG to rescind your unilateral decision to expand your defense of DOMA to cases involving veterans.Ā  If you insist upon continuing this costly and wasteful use of hundreds of thousands of dollars of taxpayer funds, we request: (a) a formal vote of the BLAG on extending your defense of discrimination to veterans and their families, and (b) any extension of the existing legal contract, any new contract, and any additional expenditure of public funds on behalf of outside counsel receive full prior examination by the Committee on House Administration and the House Ethics Committee.

We look forward to receiving your response to this and the several previous letters from House Democrats on this subject.

Thank you for your attention to this matter.

Best regards,

NANCY PELOSIĀ Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā STENY H. HOYER

Democratic LeaderĀ Ā Ā Ā Ā Ā Ā Ā Ā  Democratic Whip

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

Secretary of State Antony Blinken on Thursday hosted a group of LGBTQ activists and politicians from around the world at the State Department.

The event ā€” described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” ā€” took place before the State Department’s annual Pride Month reception. Participants included:

ā€¢ Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

ā€¢ U.S. Ambassador to the U.N. Linda Thomas-Greenfield

ā€¢ U.S. Trade Representative Katherine Tai

ā€¢ U.S. Ambassador to India Eric Garcetti

ā€¢ Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

ā€¢ Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

ā€¢ U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

ā€¢ USAID Counselor Clinton D. White

ā€¢ National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

ā€¢ Assistant U.S. Secretary of Health Adm. Rachel Levine

ā€¢ National Security Council Human Rights Director Jess Huber

ā€¢ U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

ā€¢ Icelandic Ambassador to the U.S. BergdĆ­s EllertsdĆ³ttir

ā€¢ Council for Global Equality Co-Executive Director Mark Bromley

ā€¢ Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

ā€¢ Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

ā€¢ Pau GonzĆ”lez, co-chair of Hombres Trans PanamĆ” and PFLAG-PanamĆ”

“Forty-five years ago, thousands gathered in D.C. in what became the first national march for LGBTQI+, demanding their voices be heard,” said Thomas-Greenfield in a post to her X account that showed her speaking at the event. “We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them ā€” here and everywhere.”

Blinken noted consensual same-sex sexual relations remain criminalized in 64 countries, with the death penalty in 11 of them.

He specifically highlighted Uganda’s Anti-Homosexuality Act and Hungarian Prime Minister Viktor OrbĆ”n’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons ā€” vilifying them with degrading labels, denying them equal rights, normalizing violence against them.” (Gay U.S. Ambassador to Hungary David Pressman this month marched in the annual Budapest Pride parade.)

Blinken noted Iraqi MPs earlier this year “passed legislation that punishes same-sex relations with up to 15 years in prison.” He also pointed out that Indonesian lawmakers approved a new criminal code banning extramarital sex.

“In a nation where same-sex couples cannot marry, these laws effectively make all same-sex conduct illegal and they undermine privacy for all Indonesians,” said Blinken.

“Weā€™re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries ā€” Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands ā€” have decriminalized consensual same-sex sexual relations over the last two years. He also highlighted Greece, Liechtenstein, and Thailand this year extended marriage rights to same-sex couples, and other countries are banning so-called “conversion therapy.”

“These achievements are possible because of incredibly courageous human rights defenders and government partners on the ground, but I believe Americaā€™s support is indispensable,” said Blinken. “When we engage ā€” sometimes publicly, sometimes privately, sometimes both ā€” when we share our own knowledge and experience, we can and we do achieve change.”

Blinken also announced the U.S. now considers sexual orientation and gender identity are part of the International Covenant on Civil and Political Rights that took effect in 1976.

“This is one of the key treaties committing nations to upholding universal rights,” he said. 

“In our regular reporting to the council on human rights, we will continue to include incidents of discrimination or abuse committed against LGBTQI+ persons, now with the clear framework of this well-supported interpretation,” added Blinken.Ā “That will further empower our efforts.”

Blinken reiterated this point and the Biden-Harris administration’s commitment to the promotion of LGBTQ and intersex rights abroad when he spoke at the State Department’s Pride Month event.

“Defending, promoting LGBTQI+ rights globally is the right thing to do, but beyond that, itā€™s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know ā€” but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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