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Boehner suggests House marriage hearing is ‘legitimate’

Gallagher among scheduled witnesses; HRC says GOP ‘obsessed’ with discrimination

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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.”

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Florida

Gay Fla. Democrat Elijah Manley sees opportunity in Trump’s second term

State’s 20th Congressional District’s includes Broward, Palm Beach Counties

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Elijah Manley (Photo courtesy of the Elijah Manley campaign)

Just over two and a half miles from President Donald Trump’s primary residence lies one of Florida’s most reliably Democratic congressional districts. There, a 27-year-old progressive is mounting a campaign centered on resisting what he calls the Trump-Vance administration’s attacks on civil rights, immigrants, and LGBTQ Americans.

Elijah Manley, an openly gay Democrat, sat down with the Washington Blade to discuss why he is running for Florida’s 20th Congressional District, why he believes this moment calls for a new generation of leadership, and what he hopes to accomplish if elected to Congress.

Born and raised in Fort Lauderdale’s historic Sistrunk neighborhood — the city’s oldest African American community — Manley was raised by a single mother who struggled to make ends meet. His family experienced housing insecurity and, at one point, homelessness, experiences he says continue to shape both his politics and his policy priorities.

For Manley, those experiences are precisely what he believes Congress is missing.

“I think now the country is in need of somebody like me, with my story, my lived experience, the struggles I’ve been through in my life. We’re going through a really dark time in the country with the Trump administration coming for our civil rights and an economy that is not working for everybody. In a time where we have MAGA fascism, we need progressive leadership, and we need people who are really going to do the work of fighting back and resisting and obstructing Donald Trump and MAGA Republicans’ agenda in Congress.”

Manley said his campaign is also about ensuring people from marginalized communities — those without wealth, political connections, or institutional backing — have a voice in Congress.

“I think my story sets me aside from everyone else. I’m the only one in this race who has a story to tell voters that lines up with their lived experiences and their struggles. Growing up in poverty and experiencing homelessness was instrumental in developing my worldview and how I fight for people, and I think that’s something that’s absent on Capitol Hill.”

He argues that lived experience offers a perspective often missing on Capitol Hill.

“There are too many lawyers and people coming from professional and political backgrounds. Then you have somebody like me who is rooted in the story of this district. That’s what sets me apart from everyone else in this race.”

According to his campaign website, Manley’s interest in public service dates back to childhood. He cites the election of President Barack Obama as a defining moment that inspired him to pursue politics.

“He was inspired by Barack Obama’s historic election, igniting his passion for public service. He began writing to elected officials, speaking at school board and city council meetings, and advocating for issues affecting his community,” the website states. It goes on to describe his involvement in criminal justice and law magnet programs, Navy JROTC, and hundreds of hours of volunteer service while in high school.

Elijah Manley (Photo courtesy of the Elijah Manley campaign)

As an openly gay candidate running during Trump’s second administration, Manley said Congress must take a far more aggressive approach to protecting LGBTQ Americans, particularly as Republican-led states continue passing restrictions targeting transgender people.

“I think we need to bring the hammer down on some of these states. I’m not one of these states’ rights people — Congress has the power to preempt laws that states pass through the Supremacy Clause. There’s never been a more important time in our history when we’re seeing fascism, we’re seeing an administration out of control, and we need Congress to act.”

His campaign has also drawn criticism from both Republicans and establishment Democrats for his positions on Gaza, immigration, and his call to abolish U.S. Immigration and Customs Enforcement.

Manley said abolishing ICE does not mean eliminating immigration enforcement altogether.

“I’m not saying there should be no immigration laws. We want laws around immigration, but we want dignity. We don’t need a hypermilitarized, paramilitary group chasing people through the streets, terrorizing communities, churches, schools, and families.”

His personal experiences also inform his healthcare agenda.

“When we talk about healthcare, my experience growing up on Medicaid is seeing the failure of the government to expand Medicaid here in Florida, and now we’re seeing cuts from the Trump administration. I’m not just looking at statistics or numbers on paper — this is based on lived experience. I know how the people in this district are going to be hurt by these policies because I’ve lived it.”

California Democratic Congressman Ro Khanna, who has generated early buzz as a potential 2028 presidential contender for his “progressive capitalist” approach to governing, has endorsed Manley’s campaign, giving the first-time congressional candidate one of his highest-profile endorsements.

Manley faces six other Democrats in the primary, including U.S. Rep. Debbie Wasserman Schultz and former U.S. Rep. Sheila Cherfilus-McCormick, along with four Republican candidates in the general election field. Cherfilus-McCormick resigned from Congress ahead of a potential expulsion and is running again while facing federal criminal charges.

Despite running as the youngest candidate in the field, Manley said he hopes voters leave the race remembering one thing above all else.

“I want people to remember bold and authentic leadership. I want them to know I’m running because I’ve been through what people are going through right now — and it’s not that I’ve been through it, I’m actually still going through it. We need bold people who are going to fight for everybody and stand up for what’s right, and that’s what I hope voters see when they go to the polls.” 

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Florida

Former Fla. gubernatorial candidate Andrew Gillum arrested on drug charges 

Democrat narrowly lost to DeSantis in 2018, later came out as bisexual

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Andrew Gillum in 2020. (Photo public domain)

Andrew Gillum, the former Democratic nominee for governor of Florida and former mayor of Tallahassee, was arrested on drug possession charges in Alabama last week.

Police in Daphne, Ala., said they pulled Gillum over for erratic driving and found marijuana and methamphetamine in his vehicle. He was charged with possession of marijuana and unlawful possession of a controlled substance, according to the Daphne Police Department. Jail records show he was arrested on July 2 and released on July 3, the Associated Press reports.

Gillum, the first Black nominee of a major political party for governor in Florida, lost the 2018 election to current Republican Gov. Ron DeSantis in a highly contentious race.

Once considered a rising star in national politics, Gillum served in Tallahassee’s local government, first as a city commissioner and then as mayor of Florida’s capital from 2014- 2018.

The Daphne Police Department said officers stopped Gillum’s vehicle around 10:45 p.m. and initiated a probable cause search after one officer noticed a glass pipe on the center console.

During the search, officers found several rolled marijuana cigarettes and three packages containing a substance that tested positive for methamphetamine, police said.

The day after his arrest he was charged with possession of dangerous drugs, use or possession of drug paraphernalia, and possession of marijuana.

In 2020, Gillum was involved in a similar incident when he was found in a Miami Beach, Fla., hotel room with a man identified as an escort who had apparently overdosed on drugs. Police also found three bags of suspected crystal methamphetamine in the room. The man survived, and no one was ever charged with a crime.

Later that year, Gillum came out as bisexual during an appearance on “The Tamron Hall Show,” where he discussed his struggles with drug and alcohol addiction and his decision to seek treatment following the 2020 incident.

In the same interview he shed light onto this, saying his substance use was a byproduct of the emotional struggles he experienced after losing the 2018 gubernatorial race to DeSantis.

This is not the first time Gillum has faced legal scrutiny.

During his 2014 mayoral campaign, he faced allegations of misconduct after hiring private equity investor Adam Corey as his campaign treasurer, raising questions about a potential conflict of interest. However, the FBI ultimately concluded there was no conflict of interest.

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Pennsylvania

Philadelphia murder suspect remains at large

Two killed, one injured in attacks motivated by victims’ sexual orientation

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Jahylin Melchur, 21, is wanted in connection with three Philadelphia shootings, including two murders, who may have targeted his victims because they were gay. (Photos courtesy Philadelphia Police Department)

Police seek the public’s support in finding a suspect wanted in connection with three Philadelphia shootings, including two murders, who may have targeted his victims because they were gay. All three shootings took place near Hunting Park Recreation Center between May 29 and June 26.

The suspect is 21-year-old Jahylin Melchur, who has not been located by police and is not in police custody as of July 7. Police seek the public’s support in tracking down the suspect, whose image was captured on surveillance cameras. Previous reporting underlined that Melchur should be considered armed and dangerous.

Each of the victims was found partially clothed between 10 and 11 p.m.

On May 29, a 55-year-old in Juniata Park was found two miles from the rec center. The victim, who survived the encounter with critical injuries, said a man approached him and announced his intention to rob him, before shooting him in the elbow and torso.

Martin Higgins, 45, was pronounced dead on the bleachers of the rec center’s baseball field on June 20, suffering from a gunshot wound to the abdomen. Sharef Holman, 29, was found near the basketball courts on June 26, suffering from multiple gunshot wounds. He was transported to Temple University Hospital but died shortly thereafter.

Deputy Police Commissioner Frank Vanore declined to answer the Philadelphia Inquirer’s question regarding whether the victims may have met Melchur on a dating app, citing the ongoing investigation. Sources told the Philadelphia Inquirer that investigators are exploring this possibility

Although robbery may be at least part of the motive in the first shooting, other movies are unclear.

NBC10 reported that law enforcement sources told the station all three victims were targeted because they were gay, but the Philadelphia Police Department did not confirm this.

The Philadelphia Police Department replied to PGN’s questions with an email stating, “This remains a very active investigation, and investigators are looking at all aspects of the case, including underlying motivations for committing these crimes.

“At this point, we can confirm that Melchur is wanted for two homicides by shooting and one non-fatal shooting, all of which occurred in the Hunting Park area. 

“The investigation has not established that the victims were specifically targeted because of their sexual orientation.”

The Philadelphia Police Department is urging anyone with information to contact the Homicide Unit at 215-686-3334 or submit an anonymous tip by calling the PPD Tip Line at 215-686-TIPS (8477).

(This story is republished with permission of the Philadelphia Gay News.)

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