National
Nadler pushes DOMA repeal, despite recent court rulings
Says legislative action needed to fully fix inequities


Rep. Jerrold Nadler is calling for legislative repeal of DOMA in the wake of court rulings against the law. (Blade file photo by Michael Key)
A New York Democrat leading the charge against the Defense of Marriage Act in Congress is stressing the need for legislative action against the anti-gay law despite a string of victories in the courts.
Rep. Jerrold Nadler (D-N.Y.) told the Washington Blade on Monday that legislation to repeal DOMA ā the Respect for Marriage Act, which he sponsors in the U.S. House ā may offer married same-sex couples greater flexibility with federal benefits as opposed to a U.S. Supreme Court ruling striking down the statute.
“The recent series of affirmative rulings in federal court give us a clear indication of where DOMA is ultimately headed, but we don’t know if a Supreme Court decision would be enough to ensure federal recognition of same-sex marriages,” Nadler said. “We need to pass the Respect for Marriage Act because its certainty provision would enable legally married same-sex couples to receive federal recognition no matter which state they move.”
In addition to repealing DOMA, the Respect for Marriage Act, has a “certainty provision” that would allow married same-sex couples to retain federal benefits of marriage ā including certain Social Security benefits, immunity from the estate tax and the ability to jointly file income taxes ā even if these couples marry in one state and to move to another that doesn’t recognize same-sex marriage.
Nadler added the need to pass the Respect for Marriage Act “is one of the many reasons” why LGBT rights supporters need to work to re-elect President Obama, who’s endorsed the legislation, and put Democrats back in control of the House. The latter will be a tall order to fill because political observers expect Democrats may make some gains, but will likely fall short of the 25 seats needed for them to regain a majority.
The New York lawmaker spoke to the Washington Blade following a New York City meeting at Gay Men’s Health Crisis with LGBT advocates ā including Sen. Kirsten Gillibrand (D-N.Y.) and lesbian New York City Council Speaker Christine Quinn ā in which participants discussed ways to advance marriage equality and federal benefits for gay couples.
That meeting took place just days after the U.S. Second Circuit of Appeals became the second federal appellate court to rule against DOMAĀ in the case of Windsor v. United States and the first appellate court to apply heightened scrutiny in determining the law is unconstitutional. The Windsor lawsuit ā along with three others ā is pending review before the U.S. Supreme Court. Justices haven’t yet made an announcement on whether they’ll take up the lawsuits, but are expected to take up at least one of the cases to make a nationwide ruling on DOMA.
Jon Davidson, legal director at Lambda Legal, concurred that passage of the Respect for Marriage Act would afford greater certainty for married same-sex couples that wouldn’t necessarily be granted after a court ruling.
“Even if the court upholds one or more of the four holdings that Section 3 of DOMA is unconstitutional in the four DOMA cases the court already has been asked to hear, Rep. Nadler is correct that the bill would help bring certainty to many same-sex couples that it may otherwise take years to sort out,” Davidson said.
Davidson said many federal laws aside from DOMA consider a couple legally married based on the state where the couple wed, but others such as tax law generally look to the state where the couple resides.
“The Respect for Marriage Act would solve this potentially confusing situation by making clear that the federal government would treat same-sex couples who got married in a jurisdiction that allowed it to be considered married for all federal purposes,” Davidson said.
Davidson, whose organization is responsible for one of the DOMA challenges called Golinksi v. Office of Personnel Management, added the legislation is also important in case the Supreme Court reaffirms DOMA because in that event, legislative repeal of the law would be “the only recourse” for opponents of the law.
Fred Sainz, vice president of communications for the Human Rights Campaign, said a Supreme Court ruling overturning DOMA would be “historic and huge,” but Nadler is right that Congress must move forward with the Respect for Marriage Act ā largely because the law originated in Congress.
“The act will ensure that the federal government cannot treat same-sex couples as second-class citizens regardless of where they live in the country,” Sainz said. “It was Congress that enacted the discriminatory Defense of Marriage Act, and it is Congress that should take the step to guarantee that gay and lesbian families will no longer be denied recognition by the federal government.
Mary Bonauto, civil rights attorney for Gay & Lesbian Advocates & Defenders, which is responsible for the Gill v. Office of Personnel Management case against DOMA, said via email she appreciates Nadler’s work to repeal DOMA in Congress, but litigation can afford more immediate relief.
“If we win in court, that would return us to the ordinary rules by which the federal government respects state determinations of marital status,” Bonauto said. “I would be happy to have Congress eliminate the problems it created in 1996, but in the meantime, the courts provide the most direct route to relief.”
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 Presidentās Emergency Plan for AIDS relief and other ālife-saving humanitarian assistanceā 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 ā OUT LGBT Well-being and Access Chapter 2 ā 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 Singsā by Maya Angelou, āStone Fruitā by Lee Lai,Ā āThe Hate U Giveā by Angie Thomas, āLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā by James W. Loewen, āGender Queer: A Memoirā by Maia Kobabe, and āDemocracy in Black: How Race Still Enslaves the American Soulā by Eddie S. Glaude, Jr.Ā
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,”Ā Lambda Legal Chief Legal Officer Jennifer C. PizerĀ andĀ 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.
āWe 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 āhave 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.ā
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 ā which, likewise, concerned their inclusion of trans student-athletes in competitive sports ā 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 āterminating, freezing, or otherwise interfering with the stateās access to federal funds based on alleged Title IX violations without following the process required by federal statute.āĀ
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