National
Boehner suggests House marriage hearing is ‘legitimate’
Gallagher among scheduled witnesses; HRC says GOP ‘obsessed’ with discrimination
U.S. House Speaker John Boehner (Blade file photo by Michael Key)
U.S. House Speaker John Boehner (R-Ohio) suggested on Thursday that an upcoming House hearing on “defending marriage” is a “legitimate” use of U.S. government funds as the subcommittee confirmed that witnesses who are set to testify include anti-gay activists.
During a news conference, Boehner made the remarks in response to a question from the Washington Blade on whether he supports the planned hearing, which is set to take place Friday before the House Judiciary subcommittee on the Constitution, and if he thinks the event is an appropriate use of federal resources.
“There are a lot of committees, a lot of hearings,” Boehner said. “As I made it clear from the beginning of this year, the committee process is important to this institution, and I think addressing any question — serious question — in American society is legitimate.”
Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said in response to Boehner’s remarks that the upcoming hearing will “no doubt showcase the [Republican] majority’s obsession with ensuring continued discrimination against same-sex couples.”
“They’re welcome to think that’s a legitimate way to spend their time but the vast majority of Americans will be scratching their heads wondering why House Republicans have held a third hearing in as many weeks to demonize LGBT people,” Cole-Schwartz said.
Cole-Schwartz was counting two earlier hearings that House committees held to oversee implementation of “Don’t Ask, Don’t Tell” repeal as anti-gay hearings and the upcoming testimony on “defending marriage” as the third anti-gay hearing this year.
Also on Thursday, the committee made public the names of the three witnesses who were set to testify, which include two witnesses with a history of anti-gay views. The background of the scheduled anti-gay witnesses lends credence to speculation that the hearing — which is set to begin at 10 am in Room 2141 of the Rayburn House Office Building — will be hostile to same-sex marriage.
Capitol Hill observers say the expect the hearing to be critical of President Obama’s announced decision on Feb. 23 to drop defense of the Defense of Marriage Act against litigation in court. Boehner has since directed the House general counsel to take up defense of the anti-gay law.
The most high-profile scheduled witness is Maggie Gallagher, chair of the National Organization for Marriage, who has previously testified before Congress against same-sex marriage and has a history of anti-gay activism. She didn’t respond on short notice to the Blade’s request to comment for this article.
Another expert who’s scheduled to speak is Edward Whelan, president of the Ethics and Public Policy Center and director of center’s program on the constitution, the courts, and the culture. A former law clerk to U.S. Associate Justice Antonin Scalia and a high-ranking legal adviser in the Justice Department for former President George W. Bush, Whelan has written several anti-gay tracts as a scholar at the center.
Whelan, who didn’t immediately respond to the Blade’s request to discuss his testimony, has been critical of the Obama administration for what he said is not vigorously defending “Don’t Ask, Don’t Tell” against litigation in court and — in essay titled “The Most Egregious Performance Ever by a Federal District Judge” — found fault with U.S. District Court Judge Vaughn Walker’s decision last year that determining that Proposition 8 in California was unconstitutional.
“Walker’s course of conduct would be sufficient cause for national scandal in any case,” Whelan wrote. “That it comes in a case that aims to radically remake the central social institution of American society makes it utterly intolerable.”
But another scheduled witnesses at the hearing, Carlos Ball, a gay law professor at Rutgers Law School, told the Blade he plans to argue in his testimony that Obama rightfully determined that DOMA is unconstitutional and that the president shouldn’t defend the law in court.
“It is unusual for an administration to decide not to defend the constitutionality of the statute, but it is by no means unprecedented,” Ball said. “The first President Bush did it; President George W. Bush did it as well. In my view, any administration has a constitutional obligation to make an independent judgment on the constitutionality of certain statutes, especially when there is no clear law on whether the statutes are constitutional or not.”
Additionally, Ball said he plans to testify that DOMA is a “constitutionally indefensible statute” because the states have traditionally enjoyed the prerogative of regulating marriage.
“What the plaintiffs in these DOMA lawsuits are saying is not that they have a federal constitutional right to marry — that’s not the issue,” Ball said. “These couples are already married under the laws of their states. What that their arguing is that the federal government should not discriminate against their marriages when it comes to federal governments. The administration has concluded that it’s unconstitutional to treat differently, and I think they’re absolutely correct.”
Ball is the author of numerous pro-LGBT scholarly works, including “The Right to be Parents: How LGBT Mothers and Fathers Have Revolutionized Family Law,” “From the Closet to the Courtroom: Five LGBT Rights Cases That Have Changed Our Nation” and “The Morality of Gay Rights: An Exploration in Political Philosophy.”
Even the Republicans who are members of the subcommittee have a history of anti-gay views. In an interview with Think Progress, Rep. Trent Franks (R-Ariz.), chair of the House Judiciary subcommittee on the Constitution, has said Obama and Holder could impeached over the decision and that he would favor defunding the Justice Department if it doesn’t defend DOMA.
Other subcommittee members include Rep. Jim Jordan (R-Ohio), who has initiated to congressional effort to eliminate same-sex marriage in D.C., and Rep. Steve King (R-Iowa), who has repeatedly made anti-gay remarks said gays wouldn’t face discrimination if they didn’t wear their “sexuality on their sleeve.”
Rep. Jerrold Nadler (D-N.Y.), ranking Democrat of the subcommittee, said he hasn’t had any conversations with Franks on what he wants to accomplish with the hearing, but plans to attend and expects hostility against the Obama administration.
“This is a hearing really on the administration’s decision not to defend DOMA in court,” Nadler said. “I think [Franks is] trying to dramatize his position — that the administration is doing a terrible thing by not defending the law.”
Nadler said proponents of Obama’s decision are prepared to make the point that Obama rightly dropped defense of DOMA because the statute targets married same-sex couples for discrimination.
“I think we’re going to make the point that although it’s unusual, it’s not unprecedented,” Nadler said. “In fact, it’s required when the administration’s legal people decide — as they have in this case on good legal grounds — that the law is indefensible constitutionally.”
New York
N.Y. governor’s race presents stark contrast on LGBTQ rights
Democratic Gov. Kathy Hochul expected to face Republican Bruce Blakeman
As states across the country grapple with a rapidly changing federal landscape under President Donald Trump, governors have increasingly become the first line of defense — or enforcement — on issues ranging from healthcare and education to LGBTQ rights.
Nowhere is that more apparent than in New York, Trump’s home state, where the 2026 gubernatorial race is shaping up as a high-profile battle over the future of LGBTQ protections.
Incumbent Democratic Gov. Kathy Hochul is seeking a second full term as New York’s 57th governor and the state’s first female governor. She enters the race with strong support from LGBTQ advocates and organizations, including an endorsement from the Stonewall Democrats of New York City. Earlier this year, Hochul was also endorsed by progressive leaders like New York City Mayor Zohran Mamdani and U.S. Rep. Alexandria Ocasio-Cortez. She is running alongside New York City Council Speaker Adrienne Adams as her lieutenant governor candidate.
Throughout her tenure, Hochul has signed a series of measures aimed at strengthening protections for LGBTQ New Yorkers, particularly transgender residents.
Among the most notable is New York’s “Trans Safe Haven Act,” which protects out-of-state transyouth, their parents, and medical providers who travel to New York to access legally protected gender-affirming care. Hochul has also signed legislation requiring health insurance plans to cover HIV prevention medications, including PrEP and Post-Exposure Prophylaxis (PEP), without out-of-pocket costs.
Additionally, Hochul signed a Long-Term Care Bill of Rights that prohibits discrimination against LGBTQ seniors and people living with HIV in long-term care facilities.
“As the birthplace of the LGBTQ+ rights movement, New York has long been at the forefront of advancing equality,” Hochul said in a statement during Pride month. “During Pride month, we celebrate New York’s vibrant LGBTQ+ community and acknowledge the importance of protecting the rights and freedoms of LGBTQ+ New Yorkers. This month and every month, we proudly stand with the LGBTQ+ community and remain committed to building a more inclusive and equitable future for all where everyone can live freely with dignity, safety, and respect.”
On the Republican side, Nassau County Executive Bruce Blakeman has emerged as the party’s leading candidate. Blakeman is running with Madison County Sheriff Todd Hood as his lieutenant governor pick.
Blakeman, Nassau County’s 10th county executive, was first elected in 2021 after defeating Democratic incumbent Laura Curran. He previously served as a commissioner of the Port Authority of New York and New Jersey, a Nassau County legislator, and a Hempstead town councilman.
A longtime supporter of Trump, Blakeman appeared alongside the president during a 2024 event honoring slain NYPD Officer Jonathan Diller.
LGBTQ advocates have frequently criticized Blakeman for his positions on trans issues, particularly his opposition to trans women participating in women’s sports.
In February 2024, Blakeman signed an executive order barring women’s sports teams that include trans women from using Nassau County athletic facilities. The policy applies to youth, collegiate, and professional teams. Teams that include trans men were not affected. The order has since been halted by the New York State Appellate Division swiftly issued an injunction halting enforcement while the plaintiffs appeal the decision
Ahead of announcing the order, Blakeman repeatedly referred to trans women as “biological males” and argued they should compete on men’s or co-ed teams. LGBTQ rights groups condemned the policy, saying it discriminates against trans athletes and contributes to the marginalization of trans youth.
Trump endorsed Blakeman’s gubernatorial campaign in December 2025, shortly after U.S. Rep. Elise Stefanik (R-N.Y.) announced she would not seek the Republican nomination. The President made his endorsement via Truth Social that “Bruce is MAGA all the way, and has been with me from the very beginning.”
The Washington Blade contacted Blakeman’s campaign seeking comment on his LGBTQ policy priorities and views on issues including nondiscrimination protections, trans rights, and healthcare access. A response was not received by press time.
The race highlights two sharply different approaches to LGBTQ policy in a state widely regarded as the birthplace of the modern LGBTQ rights movement, home to the 1969 Stonewall uprising that helped launch the contemporary movement for LGBTQ equality.
Despite the ideological contrast, early polling suggests Hochul remains the clear favorite. Most public surveys show the incumbent holding a double-digit advantage over her potential Republican challengers, with some polls placing her lead at roughly 20 percentage points ahead of the November election.
Illinois
Obama Center opens with tributes to marriage equality, LGBTQ progress
19.3 acre campus honors 44th president’s legacy
The Barack Obama Presidential Center held media previews on Thursday ahead of its official Juneteenth opening, marking the debut of the first presidential center dedicated to the 44th and only Black U.S. president.
The 19.3-acre campus, located on Chicago’s South Side within historic Jackson Park, features a museum, garden, basketball court, and a new branch of the Chicago Public Library.
Multiple artifacts related to the LGBTQ rights movement appear in the presidential museum’s collection, though none appeared to be on display at the time of publication, according to the center’s website.
Among the objects in the collection are the pen Obama used to sign the repeal of the “Don’t Ask, Don’t Tell” policy that prohibited gay, lesbian, and bisexual individuals from serving openly in the military; a set of Harvey Milk commemorative stamps honoring the first openly gay elected official in San Francisco; and an Out2Enroll rainbow sweat wristband used to connect communities — specifically LGBTQ people and their families, friends, and allies — with health insurance coverage options available under the Affordable Care Act.
The artifacts reflect a broader LGBTQ legacy associated with the Obama presidency.
During the televised opening ceremony, former first lady Michelle Obama thanked her husband for “standing up for marriage equality.”
During his presidency, Obama took a number of actions affecting LGBTQ Americans, including repealing “Don’t Ask, Don’t Tell,” signing the Matthew Shepard Hate Crimes Act, directing the Justice Department to stop defending the Defense of Marriage Act in court, expanding federal benefits and leave to same-sex domestic partners of federal and Foreign Service employees, broadening Affordable Care Act coverage for LGBTQ health issues, including HIV/AIDS prevention and treatment, and signing a 2014 executive order prohibiting federal contractors from discriminating based on sexual orientation or gender identity.
The opening event drew numerous celebrities, including Stevie Wonder, Christina Aguilera, Oprah Winfrey, and Tom Hanks.
It also attracted political figures from both sides of the aisle. One notable exception was President Donald Trump, who was not invited to the ceremony. All other living former presidents were invited and attended.
The Obama Presidential Center will open to the public on June 19, with tickets available on its website.
Florida
Intersex teacher alleges Fla. school fired him over perceived trans identity
Shepard Scalf filed a complaint with Equal Employment Opportunity Commission
An intersex teacher in Florida who was fired is alleging in a new Equal Employment Opportunity Commission filing that he was terminated based on assumptions that he was transgender.
Shepard Scalf in the filing says he was assigned female at birth but identifies as male.
According to Monday’s filing with the EEOC, submitted on Scalf’s behalf by the American Civil Liberties Union, the American Civil Liberties Union of Florida, and the law firm of Chanfrau & Chanfrau P.L., the school district fired Scalf on the basis of his sex and the presumption that he is trans.
Scalf was hired for the 2025-2026 school year at Patriot Oaks Academy in the St. Johns County School District to teach language arts to 6th- and 7th-graders, after previously working in another Florida school district.
During the hiring process, Scalf submitted paperwork that disclosed he had been assigned female at birth. He was born with an intersex variation with XY chromosomes, and he lives as and presents as a man.
On Aug. 28, 2025, Patriot Oaks Academy Principal Drew Chiodo scheduled an emergency meeting with Scalf. The principal was directed to read a letter from the school district superintendent informing Scalf that he must either submit his resignation or be fired.
According to the ACLU, Scalf was provided with no legitimate reason for his termination and had not received any prior warnings or disciplinary actions. At the time of his termination, Chiodo told Scalf his work was “exemplary” and that Scalf had “met every expectation.”
“Receiving this ultimatum was confusing and overwhelming. Everything had been going so well — I couldn’t understand why this was happening,” Scalf said. “The start of a school year is always brimming with promise and excitement, and I was looking forward to continuing my teaching career at Patriot Oaks until I was cornered into resigning. It became clear to me that being fired had nothing to do with my qualifications or teaching — it was about who I am.”
According to the filing, Scalf received communications that the termination followed complaints from a parent about his gender identity. However, the filing also claims that his gender identity, sex assigned at birth, and intersex status were never mentioned in his classroom.
In a 2020 ruling, the U.S. Supreme Court in Bostock v. Clayton County found employment discrimination on the basis of actual or perceived sexual orientation or gender identity is a violation of Title VII of the Civil Rights Act of 1964.
The ACLU is claiming that under that ruling, Scalf’s rights under Title VII were violated.
“Six years ago, the Supreme Court held in Bostock v. Clayton County that employers cannot fire someone for being gay or transgender because doing so is discrimination because of sex,” said Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project, in a press release from the ACLU. “The same reasoning protects intersex people, who have long faced discrimination because their bodies and lives do not conform to narrow expectations about what a man or a woman is supposed to be. Mr. Scalf was an exemplary teacher, but despite his performance and qualifications, he was forced out of his job because he did not fit those expectations. As politicians and institutions increasingly seek to police sex and gender, intersex people are too often caught in the crossfire alongside transgender people — but federal civil rights law protects everyone from this kind of discrimination.”
Samantha Past, a staff attorney with the ACLU of Florida, stated in a press release that Florida’s public school system is increasingly hostile towards LGBTQ people.
“At a time when Florida’s public schools are increasingly targeted by disruptive state policies and in the midst of a teacher shortage crisis, St. Johns County School District chose to unlawfully oust a qualified and respected educator. Everyone deserves the opportunity to work and contribute to their community without fear of being targeted because of who they are. Mr. Scalf is no exception,” Past stated.
N.Y. governor’s race presents stark contrast on LGBTQ rights
Rehoboth’s ‘Poodle Beach’ to be honored with historical marker
McDuffie concedes to Lewis George in D.C.’s mayoral primary
Obama Center opens with tributes to marriage equality, LGBTQ progress
Intersex teacher alleges Fla. school fired him over perceived trans identity
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