National
Gay group calls on Supreme Court to strike down DOMA
GLAD brief says ‘reasons are strong’ for review

GLAD’s Mary Bonauto (center) poses for a photo with Gill plaintiffs (Blade file photo by Chris Johnson)
The New England-based LGBT group responsible for the most successful lawsuit to date targeting the Defense of Marriage Act on Thursday filed a formal request asking the U.S. Supreme Court to strike down the anti-gay law.
The filing from Gay & Lesbian Advocates & Defenders responds to petitions from the House Republican-led Bipartisan Legal Advisory Group and the U.S. Justice Department calling on the Supreme Court to take up the lawsuit — the consolidated case of Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health & Human Services.
In a historic decision on May 31, the U.S. First Circuit Court of Appeals overturned Section 3 of DOMA, which prohibits federal recognition of same-sex marriage, as a result of this litigation.
BLAG, which is defending DOMA under the direction of House Speaker John Boehner, had filed a request with the Supreme Court in June asking justices to overturn the ruling and uphold the constitutionality of the anti-gay law.
In the 39-page brief filed Thursday, GLAD’s lawyers say they agree that “the arguments for a grant of review in this case are strong.” The plaintiffs also present the same question for the Supreme Court to answer as other petitions: does Section 3 of DOMA violate the equal protection guarantee of the Fifth Amendment to the U.S. Constitution for legally married same-sex couples?
But GLAD and BLAG have wildly different conclusions on what the Supreme Court should determine with regard to this question. In its filing, GLAD says the court shouldn’t “be persuaded by the distorted analysis” put forward by BLAG, and, instead, affirm the First Circuit’s ruling.
“The Court should not be swayed by the arguments on the merits that BLAG chose to present in its petition,” GLAD writes, “[A]s multiple courts have recently recognized, there are compelling arguments that Congress violated the equal protection guarantee when it decided for the first time to deny all recognition to a single class of state-sanctioned marriages.”
GLAD notes BLAG devotes much of its petition to contending the First Circuit was “inventing” a new standard of review in its decision to overturn DOMA. Disputing this argument, GLAD says BLAG “does not accurately characterize the First Circuit’s holding or analysis” and the First Circuit had correctly applied rational basis holdings from earlier cases.
GLAD lays out several reasons why the First Circuit ruled that DOMA is unconstitutional, saying Congress could only have passed DOMA out of animus toward gay people.
“Whether animated by ‘moral disapproval’ toward gay men and lesbians, open hostility, ‘insensitivity’ to the lives of the people against whom they were discriminating, or simply a reaction against people who ‘appear[ed] to be different,’ Congress enacted a statute whose object was to subject gay men and lesbians to different, and less-favorable, treatment,” the brief states. “This Congress may not do.”
Additionally, GLAD says the Supreme Court should take up the case to establish that laws targeting gay Americans should be subject to heightened scrutiny, on the assumption that they’re unconstitutional.
“Because DOMA imposes indisputable de jure discrimination on the basis of sexual orientation, this case presents an ideal vehicle for this Court to clarify how courts should scrutinize such laws going forward, and to ensure that lower courts afford gay men and lesbians the constitutional protections to which they are entitled under a proper application of the Equal Protection Clause,” the brief states.
The Obama administration announced it held the view that laws related to sexual orientation should be subjected to heightened scrutiny at the same time it announced it would no longer defend DOMA in court in February 2011. BLAG, under the direction of House Speaker John Boehner (R-Ohio) following a party-line vote, has since taken up defense of DOMA.
GLAD is now one of several groups asking the Supreme Court to examine the constitutionality of DOMA. The Justice Department has asked the high court to take up the Massachusetts case as well as a California lawsuit known as Golinski v. United States. Additionally, New York widower Edith Windsor has asked the Supreme Court to take up her lawsuit against DOMA filed by the American Civil Liberties Union as has New York City Mayor Michael Bloomberg and New York City Council Speaker Christine Quinn in a jointly filed friend-of-the-court brief.
The Supreme Court won’t decide whether it will take up DOMA until Sept. 24. The high court will begin hearing arguments for its 2012-2013 term in October.
In the meantime, Aug. 31 is the last day for BLAG to respond to or oppose the Justice Department’s petition, and Sept. 10 is the last day for the Justice Department to reply to BLAG. Additionally, BLAG can choose to reply to GLAD’s filing. There’s no set deadline for that, but normally, that would occur within 10 days.
National
Man charged in Mall of America shooting plot inspired by Pulse massacre: report
Suspect exchanged hundreds of messages, pledged loyalty to ISIS
The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud, 18, of Richfield, Minn., on Oct. 7 with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism. Mohamud allegedly planned to carry out a mass-casualty attack in support of ISIS, inspired in part by the Pulse nightclub massacre that took place on June 12, 2016 when then-29-year-old Omar Mateen murdered 49 people and wounded 58 – one of the deadliest mass shootings in U.S. history, and the deadliest targeting the LGBTQ+ community.
According to a DOJ statement release, Mohamud was arrested on Oct. 6 by the FBI, which had arranged to sell him an AK-47 assault rifle, magazines, and ammunition through an undercover FBI employee. Mohamud was arrested shortly after paying $600 in cash and taking possession of those items; he reaffirmed his intention to shoot people at the Mall of America during the transaction.
“Mohamud allegedly sought to carry out a mass-casualty shooting at the Mall of America, expressing a desire to emulate some of the most horrific ISIS-inspired attacks in the United States, including the atrocities at Pulse Nightclub and 2025 New Year’s Day attack in New Orleans,” said Assistant Attorney General for National Security John A. Eisenberg in the statement by the DOJ. “The National Security Division will continue to work closely with the FBI and Joint Terrorism Task Force to track down and prosecute ISIS-inspired terrorists in the United States.”
According to the complaint, beginning on or about December 2024, Mohamud had exchanged hundreds of messages through multiple social media and messaging apps with a confidential source, and expressed a desire to travel to Somalia to join a designated foreign terrorist organization to fight on their behalf.
The defendant stated many times that if he was unable to travel overseas because of a lack of funds, he planned to carry out a mass-casualty event in Minnesota in support of ISIS.
According to the DOJ, “In July 2026, Mohamud sent messages discussing his intent to carry out a mass-casualty shooting attack at the Mall of America because he claimed it was owned by Jews. He wrote that [he] wanted to kill 30 to 60 people so no one would go there.”
“During the course of his communications, Mohamud stated that he wanted to commit an attack similar to those of the Pulse Nightclub mass-shooting in Orlando, the Bondi Beach mass-shooting in Australia, and the New Year’s Day vehicle-ramming attack in New Orleans.”
This case is being prosecuted by Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Benjamin Bejar for the District of Minnesota.
California
Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’
Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot
Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and — fill out a ballot voting for Steve Hilton?
This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons.
Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community.
“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said.
The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”
Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies.
Conservatives have also criticized the ad.
Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors.
“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.”
The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court.
Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.
Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.
2026 Midterm Elections
Trump uses anti-trans slur against Democratic Senate candidate
President mocked Annie Andrews
President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.
In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.
Andrews is running against Graham for a Senate seat in the solidly Republican state.
Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.
Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”
“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”
Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.
“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.
Trump’s remarks have drawn criticism from leaders on both sides of the aisle.
Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”
“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.
Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”
“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.
South Carolina has not elected a Democratic senator in nearly three decades.
Andrews’s campaign website does not mention her positions on LGBTQ issues.
The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.
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