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Boehner panel directs counsel to defend DOMA

Panel votes 3-2 to defend anti-gay statute

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U.S. House Speaker John Boehner (Blade photo by Michael Key).

A U.S. House panel on Wednesday voted along party lines to direct general counsel to defend the Defense of Marriage Act in court following President Obama’s announcementĀ that his administrationĀ would no longer defend the statute against litigation.

In a statement, House Speaker John Boehner (R-Ohio) said the Bipartisan Legal Advisory Group, which he convened last week after the president’s announcement, had come to the conclusion to direct the House General Counsel to defend DOMA after the Wednesday meeting.

“Today, after consultation with the Bipartisan Leadership Advisory Group, the House General Counsel has been directed to initiate a legal defense of this law,” Boehner said. “This action by the House will ensure that this lawā€™s constitutionality is decided by the courts, rather than by the President unilaterally.ā€

The five-member Bipartisan Legal Advisory Group consists of the speaker, the majority leader, the majority whip, the minority leader, and minority whip.

Michael Steel, a Boehner spokesperson, said the panel voted 3-2 to direct the House General Counsel to take up defend of DOMA, but had no information on any discussion that took place beforehand.

Boehner as well as House Majority Leader Eric Cantor (R-Va.) and House Majority Whip Kevin McCarthy (R-Calif.) voted in favor of directing counsel to defend the statute, while House Minority Leader Nancy Pelosi (D-Calif.) and House Minority Whip Steny Hoyer (D-Md.) voted against such action.

Passed by Congress in 1996 and signed into law by then-President Clinton, DOMA prohibits the federal government from recognizing same-sex marriages and providing married gay couples with the federal benefits of marriage.

Last month, U.S. Attorney General Eric Holder announced that the Obama administration would no longer defend DOMA in court and sent a letter to Congress informing lawmakers of the Justice Departmentā€™s decision. TheĀ move left the decision of whether to continue defense of DOMA in court to Congress.

Litigation filed against the statute in the Second Circuit ā€” where thereā€™s no precedent for laws related to sexual orientation ā€” allowed the administration to conclude that DOMA is unconstitutional and to call on the court to examine the lawĀ with heightened scrutiny.

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

In a statement, Pelosi denounced the panel’s decision to take up defense of DOMA in court and called theĀ statute “discriminatory” as well as “unfair and indefensible.”

ā€œSince its proposal and passage, this legislation has raised constitutional questions and has been viewed as a violation of the equal protection clause,” Pelosi said. “The House should not be in the business of defending an unconstitutional statute that is neither rational nor serves any governmental interest.Ā DOMA actually discriminates against American families.”

Pelosi said the defense of DOMA would sap the U.S. government of “hundreds of thousands of taxpayer dollars, if not more” at a time whenĀ fiscal resources are limited.

ā€œPursuing this legal challenge distracts from our core challenges: creating jobs, strengthening the middle class, and responsibly reducing the deficit,” she said. “And that is why I voted against this action today.ā€

Joe Solmonese, president of the Human Rights Campaign, also criticized the panel for voting to take action to defend DOMA.

ā€œApparently, the Republicansā€™ jobs plan is a full employment project for right-wing lawyers bent on defending discrimination,ā€ Solmonese said.Ā ā€œWith todayā€™s vote, Speaker Boehner has made clear that an anti-equality agenda trumps helping American families in tough economic times, including loving and committed couples who are legally married in their states.ā€

But Casey Pick, programs director for Log Cabin Republicans, said Boehner’s decision to defend DOMA after consulting with the panel is “entirely appropriate.”

“While Log Cabin Republicans firmly believe that DOMA is an unconstitutional intrusion on statesā€™ rights and a violation of individual liberty, we agree with the speaker that the constitutionality of this law should be determined by the courts and not by the president unilaterally,” she said.

Pick said “nobody should be surprised that Congress has decided to exercise its legal right, and some would say duty” to defend DOMA given how controversial same-sex marriage is at this time.

“We are confident that this law will ultimately be overturned despite any defense presented by House Counsel, and will continue to work with our allies in Congress to advocate for legislative repeal,” she said.Ā “With that decided, it is critical that Congress not waste anymore time on the president’s efforts to distract Republicans with divisive social issues, and instead return to working on the issues that matter most: jobs and the economy.ā€

A Democratic aide, who spoke on condition of anonymity,Ā said Democrats on the panel pushed back on the decision to interveneĀ on behalfĀ ofĀ DOMA before the vote took place.

The aide said Boehner’s statement is misleading becaues it implies the panel held a bipartisan vote in favor of defending DOMA when in fact Pelosi and Hoyer “forcefully argued against the House intervening in these cases.”

According to the aide, Pelosi and Hoyer pressed General Counsel Kerry Kirchner on how much intervening to defend the statute in court would cost the U.S. government.

“General Counsel Kerry Kirchner would only say it would ‘not be inexpensive,'” the aide said.Ā “Mr. Kirchner noted that there are currently at least 10 cases and he does not have the in-house resources to deal with that many cases as he has a staff of five with one lawyer currently on maternity leave.”

The aide said KirchnerĀ told the panelĀ he believed the House intervention in the DOMA case would take a minimum of 18 months because litigation couldĀ continue for years beforeĀ the U.S. Supreme CourtĀ hears one of these cases.

“Mr. Kirchner also laid out that the Reagan Administration chose to no longer defend 5 laws in the 1980s,” the aide said.Ā “Clearly, the Republicans were fine with a Republican President choosing not to defend statutes passed by the Congress.”

According to the aide, Pelosi repeatedly pushed back on assertions that the administration was deciding the constitutionality of DOMA by declining toĀ defend the law in court.

“She noted that judicial review was continuing and that a number of groups were filing pro-DOMA briefs in the cases so there was no need for the House to intervene,” the aide said.Ā “And that the administration was still enforcing the law.”

In response,Ā a Republican aide, who also spoke on condition of anonymity, called the Democratic aide’s account of the discussion that took place “silly.”

TheĀ GOP aide took issue with the Democratic aide’sĀ assertion that Republicans were fine when President Reagan declined to defend laws in court against litigation.

“Republicans didnā€™t have the majority in the House during the Reagan administration,” the GOP aide said.Ā “That comparison doesnā€™t even make sense.”

Additionally, theĀ Republican aide also said decisions haven’t yet been made on the cost and duration of any potential DOMA cases.

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State Department

HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration

Black coffins placed in front of Harry S. Truman Building

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HIV/AIDS activists place black Styrofoam coffins in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)

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 Presidentā€™s Emergency Plan for AIDS relief and other ā€œlife-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.

Health GAP Executive Director Asia Russell, center, speaks in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)
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U.S. Military/Pentagon

Pentagon urged to reverse Naval Academy book ban

Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

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U.S. Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

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, ā€œStone Fruitā€ by Lee Lai,Ā ā€œThe Hate U Giveā€ by Angie Thomas, ā€œLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā€ by James W. Loewen, ā€œGender Queer: A Memoirā€ by Maia Kobabe, and ā€œDemocracy 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.

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Federal Government

White House sues Maine for refusing to comply with trans athlete ban

Lawsuit follows months-long conflict over school sports in state

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U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

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.

ā€œWe 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 ā€œhave 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 ā€œterminating, freezing, or otherwise interfering with the stateā€™s access to federal funds based on alleged Title IX violations without following the process required by federal statute.ā€Ā 

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