News

Will Obama speak out again on marriage lawsuits?

Many advocates would welcome continued participation

Published

12 years ago

October 7, 2013

Human Rights Campaign National Dinner, David Boies, Jeff Zarillo, Paul Katami, Kris Perry, Sandy Stier, Ted Olson, Proposition 8, gay news, Washington Blade

From left, lawyer David Boies , plaintiffs Jeff Zarillo, Paul Katami, Kris Perry, Sandy Stier and lawyer Ted Olson at the HRC National Dinner. Olson and Boies say they’d welcome President Obama’s participation in their lawsuit (Washington Blade photo by Michael Key).

Amid a frenzy of new marriage equality lawsuits making their way to the Supreme Court, some LGBT advocates say continued participation from the Obama administration in litigation would boost their chances for success.

One advocate eager for the administration to continue its participation in litigation seeking marriage equality is Evan Wolfson, president of Freedom to Marry.

“There are 20-some freedom to marry cases underway around the country now, including the two in Virginia, and President Obama’s and the Justice Department’s support for the freedom to marry and constitutional guarantees should absolutely be part of all of them,” Wolfson said.

Because the Obama administration isn’t a party to any of the lawsuits pending, under ordinary circumstances the administration would participate by filing a friend-of-the-court brief before the courts.

But at this stage, some legal experts who spoke to the Washington Blade are taking a more passive stance on whether the Obama administration should take part, saying they’d “welcome” help from the administration’s lawyers without issuing an overt call for action.

Ted Olson and David Boies, the legal duo that brought marriage equality to California by challenging Proposition 8, articulated this view during a conference call with reporters last week when asked by the Washington Blade if they want the administration’s support in Bostic v. Rainey, the lawsuit in Virginia they joined last week.

Boies, the Democratic half of the legal team representing the American Foundation for Equal Rights, said the administration’s participation would be welcome because “the views of the administration are important.”

“Exactly when they will get involved and how they will get involved and what stage they will get involved is something that is obviously up to the administration,” Boies said. “Whether they will decide to wait until we get to the Supreme Court or express views earlier is up to them. But whenever they come in, their support would be welcome.”

Boies’ comments during the conference call follow an endorsement of participation from the Obama administration in his lawsuit during a National Press Club event earlier in the day.

Echoing that sense was Olson, the Republican half of the legal duo that presented the case against Prop 8 during oral arguments before the Supreme Court.

“To have the president’s imprimatur on this issue is so very, very important to the court,” Olson said. “There are institutional reasons for why the Justice Department with the president gets in cases at particular times and we’ll wait till what they decide the right time is, but we very much welcome their support in this case.”

The administration has taken part in previous marriage lawsuits. When the case against Prop 8 came before the Supreme Court, the Justice Department filed a friend-of-the-court brief in favor of plaintiffs and sent U.S. Solicitor General Donald Verrilli to take part in oral arguments before the Supreme Court.

Although the administration didn’t argue the U.S. Constitution guarantees marriage rights for gay couples nationwide, it did contend Prop 8 was unconstitutional and suggested states that offer domestic partnerships should have to afford full marriage rights to gay couples.

The administration’s participation in cases against the Defense of Marriage Act has been more extensive. After announcing it would no longer defend the law in court, the administration filed briefs against the anti-gay law and sent Justice Department lawyers to argue against it in district courts, appellate courts and the Supreme Court.

The Bostic case is but one pending marriage equality lawsuit. According to a tally provided by Lambda Legal, there are 35 marriage lawsuits before 19 states. Just last week, Lambda filed an additional federal lawsuit seeking marriage equality in West Virginia.

Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the involvement from the administration in the marriage lawsuits would reinforce that “the lives of all Americans are deeply affected when states discriminate actively against some of their constituents.”

“The Justice Department’s participation puts additional moral force behind the claims for equality and fairness that gay and lesbian couples make in these cases,” Goldberg continued. “In that sense, the federal government’s participation in state law challenges can be important and helpful, but even if it does not participate, it is also important and helpful that the administration is on record decrying the injustice of unequal marriage rules.”

But the sense that the Obama administration should file additional friend-of-the-court briefs in the marriage lawsuits isn’t universal.

Roberta Kaplan, a lesbian attorney at Paul & Weiss who argued against DOMA before the Supreme Court, said she’s unsure additional friend-of-the-court briefs are necessary.

Courts already know the Justice Department’s position in the aftermath of the Perry case, Kaplan said, and filing additional briefs in every marriage lawsuit out there would be “frankly, a logistical pain in the butt for them.”

“What they said in Perry pretty much answers the question,” Kaplan said. “Frankly, a court knows what their position is because they’ve said it. It’s the same issue…There should be no mystery to anyone what their position is.”

Kaplan said if the administration would participate, chances are it would happen at the appellate or Supreme Court level.

“I’m sure at the Supreme Court, when and if one of these cases gets up there, they will be asked to participate and they will,” Kaplan said. “At the appellate courts, I think it pretty much depends on which case and whether they’re going to have a policy of putting in the same brief in 20 different cases that all say the same thing when they’ve already done it once.”

The Justice Department hasn’t responded to repeated requests for comment. The answering machine at the public affairs line says it will respond to calls in the aftermath of the government shutdown.

The administration may not be able to participate in a marriage equality case as long as the government remains closed. According to the shutdown plan on the Justice Department website, civil litigation, the category of litigation for marriage lawsuits, will be “curtailed or postponed.”

“Litigators will need to approach the courts and request that active cases, except for those in which postponement would compromise to a significant degree the safety of human life or the protection of property, be postponed until funding is available,” the website states. “If a court denies such a request and orders a case to continue, the government will comply with the court’s order, which would constitute express legal authorization for the activity to continue.”

But if the Obama administration were to file a brief in a marriage case before an appellate court, the one for which the opportunity is coming soon is in the case challenging the same-sex marriage ban in Nevada known as Sevcik v. Sandoval. The case, filed by Lambda, is pending before the U.S. Ninth Circuit of Appeals and is one of the cases that has thus far advanced the furthest. Friend-of-the-court briefs are due Oct. 25.

Lisa Hardaway, a Lambda spokesperson, said the attorney working on the case would welcome support from the administration.

“Tara Borelli, our lead attorney on the Sevcik matter, says that we would welcome a brief from the Obama administration,” Hardaway said.

Considering Lambda in the Sevcik case is arguing the ban on same-sex marriage in Nevada is unconstitutional because the state is relegating gay couples to second-class domestic partnerships, the case seems like a natural fit for an administration that has previously said all civil union states should offer marriage to gay couples.

But Kaplan said the more interesting question is whether the administration will articulate a response in the marriage lawsuits that are contending a state must recognize a same-sex marriage from another jurisdiction. Among these cases is Whitewood v. Corbett, the marriage lawsuit pending in Pennsylvania.

“I think the more interesting issues are, frankly, like when the issues come up about recognition…of marriages in states that don’t permit,” Kaplan said. “That at least presents a different question than something they’ve already put out.”

Chad Griffin, president of the Human Rights Campaign, said “it goes without saying” that he shares Olson and Boies’ views and predicted the Obama administration would come on board based on its previous actions and stated commitment to LGBT rights.

“The administration not only stopped defending the Defense of Marriage Act, as you know, but weighed in as we all hoped they would, and encouraged them to, in the Prop 8 case, going the distance there in that case before the Supreme Court,” Griffin said. “And again, we’re just announcing this case today and it still has a distance to go, but I’m optimistic that at the right time, the administration will be there in support of this.”

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District of Columbia

Gay Men’s Chorus of Washington to celebrate Spring Affair honorees

‘Their work inspires our music and deepens our mission’

Published

4 hours ago

April 18, 2025

Joe Reberkenny

The Gay Men's Chorus of Washington performs 'Passports' at the Lincoln Theatre earlier this year. (Washington Blade photo by Michael Key)

For 44 years, the Gay Men’s Chorus of Washington (GMCW) has served as a powerful voice for love, unity, and pride among Washington’s LGBTQ community and its allies. Since its first performance in 1981—at the opening of the National Gay Task Force’s Washington office (later becoming the National LGBTQ Task Force)—GMCW has built a politically engaged and culturally significant legacy as one of the nation’s foremost LGBTQ performing arts organizations.

As its music and mission evolved, GMCW deepened its involvement in supporting LGBTQ individuals and allies alike. In 2004, the chorus launched its first Spring Affair fundraiser. This annual event not only generates financial support for the inclusive choral group, but also honors individuals and organizations in the Washington community who exemplify GMCW’s mission of unity, equity, and empowerment through music.

Each year at the Spring Affair gala, the chorus honors one community leader, one external organization, and one GMCW member. For the 2025 gala, GMCW will recognize Bishop Mariann Edgar Budde, Atlas Performing Arts Center, and GMCW member Keygan Miller.

“These honorees remind us why we sing,” said Thea Kano, artistic director of the Gay Men’s Chorus of Washington, DC, in an email. “In moments when our community has needed strength, they’ve offered hope. Whether it’s a brave voice from the pulpit, a tireless advocate for our youth, or an organization that opens its doors to every story—each has chosen to lead with love, truth, and courage. Their work inspires our music and deepens our mission.”

GMCW will honor Bishop Mariann Edgar Budde, the first woman elected to lead the Episcopal Diocese of Washington, as its 2025 individual award recipient. A longtime champion of equity and inclusion, Bishop Budde gained national prominence during the Inaugural Prayer Service at Washington National Cathedral, where she spoke directly to newly sworn-in President Donald Trump.

“Have mercy, Mr. President,” she implored, lifting the hopes of the most vulnerable Americans targeted by Trump’s policies—particularly LGBTQ and immigrant communities. Her bold words signaled to the nation that she remains a genuine and outspoken voice for justice, unity, and truth, inspiring compassion and faith within and beyond her religious community.

GMCW will present the Harmony Award for an Organization to the Atlas Performing Arts Center, located in the historic H Street, N.E. corridor. In 2024 alone, Atlas hosted more than 400 events and provided $1.6 million in free and discounted tickets, arts education, community programming, and space use. Through this work, Atlas has amplified “artistic voices that reflect the full diversity of our community.”

The center has long partnered with GMCW, offering space for open mic nights, cabarets, GenOUT Chorus events like the Youth Summit, and even memorial services such as that for Bobby T. Boaz. Atlas exemplifies GMCW’s mission of storytelling, equity, and civic connection through programs like the INTERSECTIONS Festival and City at Peace.

“We are absolutely thrilled and deeply honored that the Atlas Performing Arts Center has been named a recipient of the GMCW Harmony Award! This recognition is a powerful affirmation of our commitment to uplifting voices, fostering inclusive creative expression, and building a space where everyone feels seen, heard, and celebrated,” said Jarrod Bennett, Executive Director of the Atlas Performing Arts Center.

“At the Atlas, our mission is rooted in the belief that the arts are for everyone—and that through performance, dialogue, and community, we can help shape a more just, compassionate world. To be acknowledged by the Gay Men’s Chorus of Washington, DC—an organization that has long stood at the forefront of championing equality and advancing the well-being of the LGBTQ+ community—is a profound and humbling honor. We continue to be inspired by GMCW’s work and are proud to stand alongside them in this shared vision. Thank you, GMCW, for this beautiful recognition. We carry it forward with gratitude and renewed energy for the work ahead.”

Finally, GMCW will honor Keygan Miller, a chorus member since 2017, for their leadership, advocacy, and commitment to equity both onstage and off. Within GMCW, Miller served as Vice President of Diversity and Inclusion, led conversations to expand trans inclusion, authored the “Day One” pledge, and played a critical role in shaping inclusive programming.

Outside the chorus, Miller serves as Director of Public Training for The Trevor Project, a national nonprofit focused on crisis intervention and suicide prevention services for LGBTQ youth under 25. They previously worked as an Advocacy Manager at the Trevor Project, where they championed policies protecting LGBTQ+ youth at every level of government.

As GMCW continues its mission to uplift and unite through music, the organization encourages new voices to join its ranks. GMCW welcomes all singers—regardless of gender identity or sexual orientation—who can sing in the lower vocal registers.

The 2025 Spring Affair Gala will take place on May 17, 2025, at The Ritz-Carlton, Washington, D.C. This annual benefit supports GMCW’s artistic and educational programming. For tickets, audition information, and more, visit GMCW.org.

Congress

Goodlander endorses Pappas’s Senate bid

Announcement puts gay congressman on the path to securing his party’s nomination

Published

4 hours ago

April 18, 2025

Christopher Kane

U.S. Rep. Chris Pappas (D-N.H.) (Washington Blade photo by Michael Key)

U.S. Rep. Maggie Goodlander (D-N.H.) on Thursday announced she will not run to represent her state in the U.S. Senate, endorsing gay U.S. Rep. Chris Pappas’s (D-N.H.) bid for the seat of retiring U.S. Sen. Jeanne Shaheen, putting him on the path to secure the Democratic nomination.

“We are in the fight of our lifetimes right now, of a moment of real crisis and challenge,” she said. “I feel humbled and grateful to so many people across our state who have encouraged me to take a look at the U.S. Senate, and after a lot of thought and conversations with people I love and people I respect and people who I had never met before, who I work for in this role right now, I’ve decided that I’m running for re election in the House of Representatives.”

When asked by a reporter from the ABC affiliate station in New Hampshire whether she would endorse Pappas, Goodlander said, “Yes. Chris Pappas has been amazing partner to me in this work and for many years. And I really admire him. I have a lot of confidence in him.”

She continued, “He and I come to this work, I think with a similar set of values, we also have really similar family stories. Our families both came to New Hampshire over 100 years ago from the very same part of northern Greece. And the values that he brings to this work are ones that that I really, really admire. So I’m proud to support him, and I’m really excited to be working with him right now because we’ve got a lot of work to do.”

Today in Salem @MaggieG603 tells @WMUR9 she is not running for U.S. Senate & endorses @ChrisPappasNH #NHPolitics #NHSen #NH02 #WMUR pic.twitter.com/W2CMrhRuIC
— Adam Sexton (@AdamSextonWMUR) April 17, 2025

“Maggie Goodlander has dedicated her career to service, and we can always count on her to stand up to powerful interests and put people first,” Pappas said in a post on X. “I’m so grateful to call her my friend and teammate, and I’m proud to support her re-election and stand with her in the fights ahead.”

Earlier this month, former New Hampshire Gov. Chris Sununu, a Republican, announced he would not enter the Senate race, strengthening the odds that Democrats will retain control of Shaheen’s seat.

Obituary

Local attorney, LGBTQ rights advocate Dale Sanders dies at 75

Acclaimed lawyer credited with advancing legal rights for people with HIV/AIDS

Published

4 hours ago

April 18, 2025

Lou Chibbaro Jr.

Dale Edwin Sanders (Photo courtesy of the family)

Dale Edwin Sanders, an attorney who practiced law in D.C. and Northern Virginia for more than 40 years and is credited with playing a key role in providing legal services for people living with HIV/AIDS beginning in the early 1980s, died April 10 at the age of 75.

His brother, Wade Sanders, said the cause of death was a heart attack that occurred at Johns Hopkins Hospital in Baltimore shortly after he had back surgery.

Wade Sanders described his brother as a “trial lawyer, passionate criminal defense, and civil litigator for human rights” for close to 50 years, with some of his work focused on “civil law, notably gay-related insurance discrimination during the AIDS epidemic.”

He called his brother “a zealous advocate for the oppressed, his clients, and his personal convictions.”

Born in Arlington, Va., and raised in McLean, Va., Dale Sanders graduated from Langley High School in McLean and received his bachelor’s degree from the University of Virginia, his brother said. He received his law degree from D.C.’s American University Washington College of Law and began his law practice in 1976 in Old Town, Alexandria, Wade Sanders said.

Amy Nelson, director of Legal Services for D.C. ‘s Whitman-Walker Health, said Sanders became one of Whitman-Walker’s original volunteer pro-bono attorneys in the 1980s.

“Dale was a beloved part of the legal services program and our medical-legal partnership for nearly 40 years,” Nelson said. “Dale was one of the clinic’s first volunteer attorneys at Whitman-Walker’s weekly, legal walk-in clinic offering free counseling to clients about their legal rights in the face of HIV/AIDS and LGBT discrimination from employers, landlords, medical providers, and insurance companies,” according to Nelson.

Nelson added, “Dale represented dozens of people impacted by the ignorance and prejudice attendant to an HIV/AIDS diagnosis, and his litigation wins were instrumental in advancing the legal rights of persons living with HIV/AIDS.”

Sanders’s most recent case on behalf of Whitman-Walker took place in 2023 in support of a transgender woman in Virginia who faced discrimination from her employer and health insurer, Nelson said.

In 1989, Whitman-Walker presented Sanders with its Gene Frey Award for Volunteer Service, and in 1994 presented him with its Founders Award for Pro Bono Legal Services, Nelson told the Blade. She said in 2024, Whitman-Walker re-named its annual Going the Extra Mile Pro Bono Award as the Dale Sanders Award for Pro Bono Excellence.

“Dale’s legacy helped to shape HIV/AIDS law, and his fierce commitment to justice will live on at Whitman-Walker Health,” Nelson said in a statement. “We will miss him dearly.”

Daniel Bruner, who served as Whitman-Walker’s legal services director prior to Amy Nelson taking that position, said Sanders played a role in shaping his own legal skills and knowledge.

“Dale was one of my earliest legal models among local, and national, advocates for people living with HIV and LGBT people,” Bruner told the Blade. “He was a fierce, persistent advocate for his clients and for the community,” Bruner said, adding, “He won key victories in several cases where employees’ or health care patients’ privacy had been egregiously violated. I certainly will never forget him.”

Wade Sanders said his brother was also an avid bridge player, saying he played competitively. “He earned the rank of Ruby Life Master, a pretty big deal in the bridge world,” Wade Sanders said.

Dale Sanders is survived by his husband, Christian Samonte; his sister, Joyce Sanders of York, S.C.; his brother Wade Sanders of West Jefferson, N.C.; and his beloved dogs Langley and Abigail, his brother said in a statement.

A memorial service for Dale Sanders organized by the Sanders family and the LGBTQ Catholic group Dignity Washington will be held Saturday, May 10, at 1 p.m. at St. Margaret’s Episcopal Church at 1830 Connecticut Ave., N.W. in D.C., a Dignity Washington spokesperson said.