National
Mixed reaction over Verrilli’s Prop 8 arguments
U.S. gov’t attorney doesn’t call for nationwide ruling in favor of marriage
Solicitor General Donald Verrilli’sĀ arguments before the court on marriage are receiving mixed reviews. (Photo public domain)
The U.S. solicitor general’s performance before the Supreme Court on marriage is receiving mixed reviews amid disappointment that he didn’t overtly say same-sex marriage should be institutionalized nationwide as a result of the cases.
U.S. Solicitor General Donald Verrilli was the sole attorney who argued in both cases before the court ā one on California’s Proposition 8, the other on the Defense of Marriage Act.Ā The message was the same for both measures: Laws related to sexual orientation should be subject to heightened scrutiny, or a greater assumption they’re unconstitutional.
But the nuance in what Verrilli said should be the outcome of the Prop 8 case is noteworthy. Asked by Chief Justice John Roberts whether the administration wants a ruling that would strike down marriage bans across the country, Verrilli declined to give an affirmative answer.
“We are notĀ taking the position that it is required throughout theĀ country,” Verrilli said. “We think that that ought to be left open for aĀ future adjudication in other states that don’t have theĀ situation California has.”
Under later questioning, Verrilli said a state would have to reach a “very heavy burden” to justify a measure similar to Prop 8, but at the same time said a “caution rationale” ā presumably a wait-and-see approach to same-sex marriage ā would be “one place where we might leave it open.”
Suzanne Goldberg, a lesbian andĀ co-director of Columbia Universityās Center for Gender and Sexuality Law, said she was “uncomfortable” with Verrilli’s assertion that states may have justification to ban couples from marrying.
“He seemed to suggest that they might actually have a legitimate reason for maintaining the exclusion, and that did not seem necessary to me, given the arguments that he was making,” Goldberg said. “It did not feel right for the government’s attorney to suggest that their might actually be a plausible reason for a state to exclude same-sex couples from marriage.”
Goldberg drew a distinction between the arguments presented by the Justice Department in the Prop 8 and DOMA cases. For DOMA, Goldberg noted the administration hasn’t identified any instance in which the federal anti-gay law would be constitutional.
“That wasn’t the government’s position in the DOMA case even though the government said under the weakest standard of review, DOMA might be upheld,” Goldberg said. “But it did not suggest any of the rationales would be sufficient.”
It should be noted that Verrilli’s arguments in the Prop 8 case are consistent with the friend-of-the-court brief filed by the Justice Department against the California measure. The brief never explicitly says all bans on same-sex marriage are unconstitutional and instead focuses on Prop 8, which is the question before the court.
Richard Socarides, a gay New York-based advocate, said the presentation of that limited argument on marriage equality is not the fault of Verrilli ā whom he said “did a good job” ā but is the result of the White House making a political calculation on the Prop 8 case.
“I think that they made some political choices that were not the ones exactly I would have made,” Socarides said. “And I think that some of those came back to haunt them.”
Verrilli noted that California offers gay couples domestic partnerships, suggesting the court should rule that states offering some benefits to gay couples, but not marriage, should instead offer them marriage rights. Legal experts have coined this potential decision as the “nine-state solution.”
But Socarides questioned the wisdom of embracing that position, noting justices seemed disinclined to adopt a ruling saying states that offer some benefits to gay couples aren’t doing enough while leaving other jurisdictions unaffected.
“I think that argument is too clever by half,” Socarides said. “I appreciate the fact that I think the White House was trying to thread the needle there a little bit. It may have served its purpose, but I think in retrospect not the best decision.”
David Gans, civil rights director for the progressiveĀ Constitutional Accountability Center, found a positive in the limited argument presented by Verrilli: it provides another option to justices unswayed by American Foundation for Equal Rights attorney Ted Olson’s argument in favor of a fundamental right to same-sex marriage.
“In some ways, it was a very useful complement to the argument that Ted Olson made,” Gans said. “What Verrilli offered was sort of an alternative.Ā Olson and Verrilli gave them a broader option as well as a narrow one that would decide this case, but not other cases. In light of some of the concern expressed by justices, in the end, it may prove valuable.”
Several legal experts and LGBT advocacy groups, including the Human Rights Campaign, declined to comment for this article.
Socarides emphasized the Justice Department has already stepped up to the plate in helping same-sex couples win their rights at the Supreme CourtĀ by dropping defense of DOMA and participating in the Prop 8 case.
“I would also emphasize that, I think at this point, we’re really quibbling around the edges and that we want to be very grateful for the work that the Justice Department did and for the president’s support,” Socarides said.
That was a sentiment shared by Evan Wolfson, president of Freedom to Marry, who commended the Justice Department for its work before the bench and in the briefs that were filed.
“Briefs speak louder than arguments, and the Solicitor General effectively dismantled every argument made in defense of excluding gay couples from marriage and inflicting unequal treatment on married gay couples under so-called DOMA,” Wolfson said. “He repeatedly urged the justices to focus on what is really going on: discrimination against gay people and indefensible denial of the freedom to marry, and when they go back and read his briefs in both cases, the justices will see a strong, clear path forward toward the freedom to marry and repudiation of the impermissible discrimination we have endured for too long.”
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
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.
State Department
State Department hosts meeting on LGBTQ rights and foreign policy
Event took place before Pride Month reception
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.”
Forty-five years ago, thousands gathered in DC in what became the first national march for LGBTQI+, demanding their voices be heard.
We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all. š³ļøāšš³ļøāā§ļø pic.twitter.com/oph2Ahmfhq
— Ambassador Linda Thomas-Greenfield (@USAmbUN) June 28, 2024
President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationās 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.
“Weāre 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 Americaās 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, itās the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.
The White House
Jill and Ashley Biden headline White House Pride celebration
First lady celebrated historic pardons of LGBTQ veterans
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.
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