News
Supreme Court refuses NOM’s challenge to Maine donor laws
Anti-gay group launches website for donors to declare contributions
The U.S. Supreme Court announced Monday it won’t hear a case challenging NOM’s disclosure laws (Washington Blade file photo by Michael Key)
The U.S. Supreme Court has denied another request from an anti-gay group challenging financial disclosure laws in Maine that require the organization to reveal who donated to the 2009 marriage ballot initiative campaign.
Justices announced on Monday they wouldn’t hear the case, filed by the National Organization for Marriage, on an order listing hundreds of lawsuits they have declined to hear over the course of the 2013 term.
The court’s decision not to hear the case, known as National Organization for Marriage v. McKee, was made during the September 24 conference, the first meeting of justices for this term, but wasn’t announced until Monday. Last week, the court announced six cases it had decided to consider during the conference.
NOM had filed the lawsuit against state disclosure laws in Maine after the organization in 2009 helped the anti-gay side in a referendum over recently the signed same-sex marriage law, which state voters ultimately rejected by 53 percent.
Among other things, NOM argued the same donor disclosure laws shouldn’t be applied to both political candidates and ballot questions and asserted the $100 reporting threshold in Maine is so low it doesn’t constitutionally further the state’s information interest. But the U.S. First Circuit Court of Appeals in January affirmed a district court ruling upholding the disclosure laws, which NOM later appealed to the Supreme Court.
Fred Sainz, vice president of communications at the Human Rights Campaign, took the opportunity of the decision to knock the anti-gay group.
“NOM has shown an unwillingness to play by the rules and this is yet another legal set-back,” Sainz added. “This is proof that their penchant for secrecy has run them afoul of the law.”
NOM won’t be required to reveal its donors immediately, but the decision means Maine can continue to pursue its investigation of the organization’s activities related to the 2009 ballot measure.
Phyllis Gardiner, a Maine assistant attorney general and counsel to the state’s Commission on Governmental Ethics & Election Practices, said the state is “pleased” the First Circuit’s ruling will be upheld, but acknowledged the investigation continues.
“The Maine Commission on Governmental Ethics & Election Practices has an ongoing investigation, and there’s pending state court litigation as well that has not yet been fully resolved,” Gardiner said. “So, the constitutionality of the statute was upheld by the First Circuit, and now it’s a matter of the commission completing its work and making its determination.”
Gardiner added she doesn’t know the exact timing for when the ethics commission will finish its investigation.
But NOM wasn’t happy with the decision. John Eastman, NOM’s chair, said in a statement his organization is “disappointed” with the Supreme Court’s decision not to hear the case, but “will be reviewing” the state’s requests, which the organization says is different now than in 2009.
“In their briefs before the U.S. Supreme Court, the state appeared to have substantially narrowed the type of information they were requesting from NOM,” Eastman said. “Had the state taken the position they took recently back in 2009, this litigation might well have been avoided. We will be reviewing the requests for information that the state has made in light if the narrow interpretation the State has now provided to its own statute.”
Darrin Hurwitz, HRC’s assistant general counsel, responded to NOM’s statement by saying the organization should have complied with Maine laws like other organizations did in the first place.
“This litigation could have been avoided in 2009 if NOM had chosen to abide by the law then and disclose donors to their Maine efforts as every other organization that participated in Question 1 did,” Hurwitz said. “It’s easy to say that you’ll respond to the state’s requests after you’ve lost a 3-year court battle and have no other options.”
Gardiner also took issue with the idea that Maine changed what it wanted from NOM since 2009.
“I think that may be based on a misunderstanding,” Gardiner said. “The commission’s interpretation of Maine’s statute — what it requires — has not narrowed or changed during the course of this litigation.”
On the same day as the court announced it wouldn’t hear the lawsuit, Brian Brown, NOM’s president, announced a new website, KeeptheRepublicandMarriage.com, on which donors can publicly declare they’ve contributed money to the organization.
“Even though donors to NOM are not subject to public disclosure, a number of our donors wanted to show that they would not be bullied and were not afraid to publicly proclaim their support for NOM as a way of encouraging others to publicly stand up to support marriage,” Brown said in a statement. “These key donors were inspired by the courage of Dan Cathy, CEO of Chick Fil A, who resolutely told Americans that he unabashedly believed in God’s design for marriage as the union of one man and one woman.”
The website already has 26 people listed, but no information other than an individual’s name is given. The top name listed is Sean Fieler, who presumably is the same Sean Fieler who’s chair of the American Principles Project, a conservative group that opposes same-sex marriage and abortion rights. That group didn’t immediately respond to a request to comment.
Under the headings of the announcement that it won’t take the NOM case, the order from the court states, “The motion of respondents for leave to file a brief in opposition under seal with redacted copies for the public record is granted.”
Hurwitz said this note is procedural and pertains to the respondent brief filed by Maine’s attorney general in the case. The document has lines relating to NOM’s fundraising that are redacted and the court is granting the state’s request to keep them sealed.
It’s not the first time the Supreme Court has declined to hear one of NOM’s challenges to Maine’s financial disclosure laws. In February, the Supreme Court announced it wouldn’t hear a different challenge to Maine’s laws also called National Organization for Marriage v. McKee. But, unlike the later lawsuit, the NOM’s argument in the earlier case was political action committee requirements in state were unconstitutionally broad and vague.
The news on the NOM case comes as many anticipate a decision from the court on whether it take up pending challenges to California’s Proposition 8, known as Hollingsworth v. Perry, and one of the cases against the Defense of Marriage Act, Windsor v. United States. Both were docketed for the September 24, but the order on Monday reveals that no announcements have been made on those high-profile cases.
The Supreme Court has also yet to make a decision on whether it’ll hear the case of Diaz v. Brewer. The request was filed by Arizona Gov. Jan Brewer (R), who was appealing an injunction placed by a district court prohibiting her from enforcing a law taking away domestic partner benefits from Arizona state employees.
NOTE: This article has been updated from its initial version to include NOM’s response to the decision as well as comments from Phyllis Gardiner.
Chile
Far-right José Antonio Kast elected Chile’s next president
Advocacy group declares ‘state of alert’ over president-elect’s opposition to LGBTQ rights
José Antonio Kast on Sunday won the second round of Chile’s presidential election.
Kast is the far-right leader of the Republican Party who was a member of the country’s House of Deputies from 2002-2018. He defeated Jeannette Jara, a member of the Communist Party of Chile who was former labor and social welfare minister in outgoing President Gabriel Boric’s government, by a 58.2-41.8 percent margin.
The election’s first round took place on Nov. 16.
Kast and Jara faced each other in the runoff after no candidate received at least 50 percent of the vote in the first round. Kast will take office on March 11.
“Under his leadership, we are confident Chile will advance shared priorities to include strengthening public security, ending illegal immigration, and revitalizing our commercial relationship,” said U.S. Secretary of State Marco Rubio on Sunday in a statement. “The United States looks forward to working closely with his administration to deepen our partnership and promote shared prosperity in our hemisphere.”
The Washington Blade has previously reported Kast has expressed his opposition to gender-specific policies, comprehensive sex education, and reforms to Chile’s anti-discrimination laws. The president-elect has also publicly opposed the country’s marriage equality law that took effect in 2022.
The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ and intersex rights group known by the acronym Movilh, in a statement acknowledged the election result. Movilh also declared a “state of alert, given this leader’s (Kast’s) public and political trajectory, characterized for decades by systematic opposition to laws and policies aimed at equality and nondiscrimination of LGBTIQ+ individuals.”
“We urge the president-elect and far-right sectors that follow him to understand and internalize (the fact) that the rights of LGBTIQ+ people are inscribed in the universality of human rights, and they are not built upon an ideology or a political trend,” said Movilh in its statement. “This is not, and never has been, a left-wing or right-wing issue, although some on both sides have gone to great lengths to suggest otherwise, without any basis other than their own partisan or electoral aspirations.”
Organizado Trans Diversidades, a group that advocates on behalf of trans and nonbinary Chileans, on social media said it will “continue the fight for our community’s human rights.”
Virginia
DOJ seeks to join lawsuit against Loudoun County over trans student in locker room
Three male high school students suspended after complaining about classmate
The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.
The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.
The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.
The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”
“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.
Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”
“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.
Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.
The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.
The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”
The White House
As house Democrats release Epstein photos, Garcia continues to demand DOJ transparency
Blade this week sat down with gay House Oversight Committee ranking member
Democrats on the House Oversight Committee have released new photos from Jeffrey Epstein’s email and computer records, including images highlighting the relationship between President Donald Trump and the convicted sex offender.
Epstein, a wealthy financier, was found guilty of procuring a child for prostitution and sex trafficking, serving a 13-month prison sentence in 2008. At the time of his death in prison under mysterious circumstances, he was facing charges of sex trafficking and conspiracy to traffic minors.
Among those pictured in Epstein’s digital files are Trump, former President Bill Clinton, former Trump adviser Steve Bannon, actor and director Woody Allen, economist Larry Summers, lawyer Alan Dershowitz, entrepreneurs Richard Branson and Bill Gates, and Andrew Mountbatten-Windsor.
One photo shows Trump alongside Epstein and a woman at a Victoria’s Secret party in New York in 1997. American media outlets have published the image, while Getty Images identified the woman as model Ingrid Seynhaeve.
Oversight Committee Democrats are reviewing the full set of photos and plan to release additional images to the public in the coming days and weeks, emphasizing their commitment to protecting survivors’ identities.
With just a week left for the Justice Department to publish all files related to Epstein following the passage of the Epstein Files Transparency Act, which requires the Justice Department to release most records connected to Epstein investigations, the Washington Blade sat down with U.S. Rep. Robert Garcia (D-Calif.), the ranking member on the Oversight Committee to discuss the current push the release of more documents.
Garcia highlighted the committee’s commitment to transparency and accountability.
“We’ve said anything that we get we’re going to put out. We don’t care who is in the files … if you’ve harmed women and girls, then we’ve got to hold you accountable.”
He noted ongoing questions surrounding Trump’s relationship with Epstein, given their long history and the apparent break in friendship once Trump assumed public office.
“There’s been a lot of questions about … Donald Trump and Jeffrey Epstein. They were best friends for 10 years … met women there and girls.”
Prior to Trump’s presidency, it was widely reported that the two were friends who visited each other’s properties regularly. Additional reporting shows they socialized frequently throughout the 1990s and early 2000s, attending parties at Trump’s Mar-a-Lago resort in Florida and Epstein’s residences. Flight logs from an associate’s trial indicate Trump flew on Epstein’s private jet multiple times, and Epstein claimed Trump first had sex with his future wife, Melania Knauss, aboard the jet.
“We’ve provided evidence … [that leads to] questions about what the relationship was like between Donald Trump and Jeffrey Epstein.”
Garcia stressed the need for answers regarding the White House’s role in withholding information, questioning the sudden change in attitude toward releasing the files given Trump’s campaign promises.
“Why is the White House trying to cover this up? So if he’s not covering for himself … he’s covering up for his rich friends,” Garcia said. “Why the cover up? Who are you hiding for? I think that’s the question.”
He confirmed that Trump is definitively in the Epstein files, though the extent remains unknown, but will be uncovered soon.
“We know that Trump’s in them. Yeah, he’s been told. We know that Trump’s in them in some way. As far as the extent of it … we don’t know.”
Garcia emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or personal connections.
“All these powerful men that are walking around right now … after abusing, in some cases, 14‑ and 15‑year‑old girls, they have to be held accountable,” he said. “There has to be justice for those survivors and the American public deserves the truth about who was involved in that.”
He added that while he is the ranking member, he will ensure the oversight committee will use all available political tools, including subpoenas — potentially even for the president.
“We want to subpoena anyone that we can … everyone’s kind of on the table.”
He also emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or relationship with the president.
“For me, they’re about justice and doing the right thing,” Garcia said. “This is about women who … were girls and children when they were being abused, trafficked, in some cases, raped. And these women deserve justice.”
“The survivors are strong.”
Deputy White House Press Secretary Abigail Jackson issued a statement regarding the release the photos, echoing previous comments from Republicans on the timing and framing of the photos by the Oversight Committee.
“Once again, House Democrats are selectively releasing cherry-picked photos with random redactions to try and create a false narrative,” Jackson said.
“The Democrat hoax against President Trump has been repeatedly debunked and the Trump administration has done more for Epstein’s victims than Democrats ever have by repeatedly calling for transparency, releasing thousands of pages of documents, and calling for further investigations into Epstein’s Democrat friends,”
In a press release on Friday, Garcia called for immediate DOJ action:
“It is time to end this White House cover-up and bring justice to the survivors of Jeffrey Epstein and his powerful friends. These disturbing photos raise even more questions about Epstein and his relationships with some of the most powerful men in the world. We will not rest until the American people get the truth. The Department of Justice must release all the files, NOW.”
(Photo courtesy of the U.S. House Oversight Committee)
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