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Appeals court to hear DOMA case next week

House Dems urge Boehner to drop defense of anti-gay law

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Litigation challenging the Defense of Marriage Act ā€” as well as House Republicans’ continued defense of the anti-gay law ā€” is receiving renewed attention as a court hearing is set to take place next week in Boston on the constitutionality of the statute.

On Wednesday starting at 10 a.m., a three-judge panel on the First Circuit Court of Appeals will hear arguments on DOMA, which prohibits federal recognition of same-sex marriage,Ā marking the first time an appellate court has considered the constitutionality of the statute.

Normally, oral arguments before the court last 30 minutes, but that time has been extended for an entire hour because judges are hearing two cases: Gill v. Office of Personnel Management, filed by Gay & Lesbian Advocates & Defenders, and Commonwealth of Massachusetts v. Department of Health & Human Services, filed by Massachusetts Attorney General Martha Coakley.

The three-judge panel will be made up of Chief JudgeĀ Sandra Lynch as well as Judges Juan Torruella and Michael Boudin. Lynch was appointed by a Democrat, former President Bill Clinton, whileĀ Torruella was appointed by former President Ronald Reagan and Boudin was appointed by former President George H.W. Bush.

Representing GLAD at the hearings will be plaintiffs in the GLAD case as well as Mary Bonauto, GLAD’s civil rights project director, who in 2003 successfully argued for the legalization of same-sex marriage in Massachusetts.Ā Massachusetts Assistant Attorney GeneralĀ MauraĀ Healey is set to argue on behalf of her state’s lawsuit against DOMA.

The Justice Department, which, after dropping its defense of DOMA, joined in efforts to declare the law unconstitutional, will also have a presence in the courtroom.Ā Stuart Delery, who’s gay and the acting assistant attorney generalĀ forĀ the civil division, is set to represent the Obama administration. HeĀ was promoted Feb. 27 to the position.

Defending the anti-gay law in court will be Paul Clement, a solicitor general under former President George W. Bush whom House Speaker John Boehner hired to defend the statute. Clement will be coming to Boston to defend DOMA fresh from oral arguments before the Supreme Court in D.C. against the health care reform law.

The arguments that attorneys will make before judges will likely reflect the basis of the lawsuits they filed. GLAD contends that DOMA violates its plaintiffs’ rights under the Equal Protection Clause, while the State of Massachusetts has said DOMA interferes with a state’s Tenth Amendment right to regulate marriage. The Justice Department will likely join in these arguments.

On the other side, Clement will likely argue that DOMA is justified because it ensures uniformity with marriage laws and that marriage should be reserved for opposite-sex couples to ensure procreation.

In both DOMA cases that are coming before the First Circuit, DOMA was found unconstitutional at the district court level. U.S. DistrictĀ Judge Joseph Tauro, a Nixon appointee, ruled in July 2010 that the anti-gay law was unconstitutional in both cases.

The cases come before the First Circuit just a month after a California federal court ruled against DOMA in the case of Golinski v. United States.Ā In February,Ā the U.S. District Judge Jeffrey White ruled against DOMAĀ on the basis that the anti-gay law ā€œunconstitutionally discriminates against married same-sex couples.ā€

Jason Wu, a staff attorney for GLAD, said the California district court decision may play out in the oral arguments before the appellate court.

“It always helps when another court affirms what we believe is right, which is that DOMA represents a straight-forward equal protection violation and there is really no good reason to treat gay married couples differently from straight married couples,” Wu said. “The court in Golinksi agreed with us; the district court in Massachusetts, Judge Tauro’s opinion agreed with us. And that’s what will be presented to the First Circuit.”

Wu said GLAD hopes for a decision from the First Circuit in “a timely fashion” after the oral arguments, but said he couldn’t offer a more precise prediction for when a ruling would be handed down. The case dragged out after the Obama administration dropped the defense of DOMA and the House took up defense of the statute, and Wu said the prolonged duration of the lawsuit has harmed plaintiffs.

“It’s been almost two years actually since the district court’s ruling came down in our favor, and in that two-year period, our plaintiffs continue to be harmed,” Wu said. “One of our plaintiffs is owed $50,000, I believe, in tax harm. One of our plaintiffs, Herb Burtis, is 82 years old and continues to be denied the survivor Social Security benefits from his deceased spouse.”

Despite his hopes the case will be resolved, Wu added he expects the Supreme Court will take up the case after a decision is handed down.

“We need resolution as to the constitutionality of DOMA for all married couples in the country because it’s not just couples in Massachusetts who are being harmed by DOMA everyday,” Wu said.

House Republicans elected to take up defense of DOMA in court after the Obama administration early last year announced it would no longer defend the anti-gay statute. In the past week, the Republican defense of DOMA has come under fire from Democrats.

During a hearing before the HouseĀ Appropriations Legislative Branch subcommittee on Tuesday, HouseĀ Chief Administrative Officer Dan Strodel asserted Republican leadership had collected nearly $742,000 to fund defense of DOMA in court. Boehner had last year raised the cost cap of defending DOMA to $1.5 million.

Strodel testified that the money had come from the House Salaries, Officers and Employees account. Boehner had threatened to redirect funds from the Justice Department to pay for defense of the law, but Strodel said those funds hadn’t contributed to defense of the statute.

According to the Huffington Post, the issue of defending DOMA prompted a fiery debate between Democrats and Republicans.

Rep. Mike Honda (D-Calif.) reportedly asked House General Counsel Kerry Kirchner why the House is defending an ā€œunconstitutional law that separates all of us” and said the money could go to better uses, such asĀ “resources to the family of Trayvon Martin in Florida.”

Rep. Steven LaTourette (R-Ohio) toed the Republican line on DOMA saying, “When is the Department of Justice going to do their job? You can’t pick which laws you want to defend and which laws you don’t feel like enforcing.”

On Monday, six House Democrats ā€” Reps.Ā JerroldĀ NadlerĀ (D-N.Y.),Ā Barney FrankĀ (D-Mass.),Ā Tammy BaldwinĀ (D-Wis.),Ā Jared PolisĀ (D-Colo.),Ā David CicillineĀ (D-R.I.) andĀ John ConyersĀ (D-Mich.) ā€” sent a letter to Boehner renewing their earlier request for a briefing on his defense of DOMA as they urged him to stop defending the law in the wake of a California federal court’s decision against the statute.

“There simply is no legitimate federal interest served by denying married same-sex couples the federal responsibilities and rights that other married couples receive, and the harm caused to these families is unjustifiable,” the letter states. “Two federal courts have agreed, and it is no longer credible to claim that the law is not constitutionally suspect.”

Boehner’s office didn’t respond to the Washington Blade’s request for comment on the letter, but Michael Steel, a Boehner spokesperson, dismissed the letter when talking to the Huffington Post.

ā€œWashington Democrats had two years of unified control over the House, the Senate and the White House to overturn the Defense of Marriage Act,ā€ Steel was quoted as saying. ā€œThey chose not to try. We will continue to respect the law, which passed both Houses of Congress with bipartisan support and was signed into law by President Bill Clinton.ā€

Activity also continues in other DOMA cases. On Monday, the Justice Department submitted briefs in the Golinski case asking theĀ U.S. Ninth Circuit Court of Appeals toĀ expedite consideration of the case. Boehner’s lawyers last month appealed the decision to the the appellate court.

Boehner’s intervention in McLaughlin v. Panetta, the lawsuit filed on behalf of gay troops against DOMA by the Servicemembers Legal Defense Network, is also expected soon.Ā The House has until April 28 to decide if it will defend the anti-gay law against the lawsuit.

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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

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(Bigstock photo)

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.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

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.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s 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.

“Weā€™re 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 Americaā€™s 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, itā€™s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

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.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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