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Supreme Court to consider on Nov. 20 whether to take up marriage lawsuits

Decision could immediately allow same-sex couples to wed in California

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Supreme Court, gay news, Washington Blade

The Supreme Court could decide next month whether to review challenges to California’s Proposition 8 and the Defense of Marriage Act that would have an immediate impact on same-sex couples across the nation. The court announced Monday that justices have scheduled on Nov. 20 whether to consider lawsuits challenging the measures.

According to the Supreme Court’s website, justices have docketed the case of Hollingsworth v. Perry, the lawsuit contesting Prop 8, for their conference on Nov. 20. Also docketed for that conference are the four DOMA lawsuits that were already pending before the court: the consolidated case of Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health & Human Services; Windsor v. United States; Golinski v. Office of Personnel Management; and Pedersen v. Office of Personnel Management.

The court’s decision on whether to take up the Prop 8 case is particularly significant because if justices declined to do so, same-sex couples would be able to marry again in California almost immediately just as soon as the U.S. Ninth Circuit Court of Appeals issues a mandate saying its earlier ruling striking down the amendment is now in effect.

According to the American Foundation for Equal Rights, which filed the lawsuit against Prop 8, the Supreme Court is expected to issue an order list detailing its decisions on cases it has granted or denied review on this conference by Nov. 26.

It takes a vote of four justices to grant a writ of certiorari (to take up a case) but the decision will be put off if any one justice wants more time to decide. The Supreme Court had previously docketed the Prop 8 case, which was filed by AFER, and the Windsor challenge against DOMA for their Sept. 20 conference, but didn’t make a decision on those lawsuits at that time.

It’s possible that justices could continue to hold off on issuing a decision, although legal observers have said they were likely waiting until all the DOMA cases and the Prop 8 case were fully briefed before making a decision and are more likely to do so at this time.

Adam Umhoefer, AFER’s executive director, said in a statement the court’s decision to schedule the Perry case for Nov. 20 brings same-sex couples in the Golden State once step closer to enjoying the right to marry.

“For far too long, gay and lesbian couples in California have been waiting to exercise the fundamental freedom to marry that the United States Constitution already tells them they have,” Umhoefer said. “With the distribution of our case for the court’s consideration, we move one step closer to the day when the nation will be able to live up to the promise of liberty and equality enshrined in our constitution, and all Americans will be able to marry the person they love.”

If the court decides to take up the Prop 8 case, justices will evaluate whether the state constitutional ban on same-sex marriage violates equal protection afforded under the Fourteenth Amendment of the U.S. Constitution.

The situation with DOMA is slightly different because advocates say justices are widely expected to take up at least one case challenging the anti-gay law, which prohibits federal recognition of same-sex marriage, to make a nationwide ruling on the statute.

The court’s decision to docket the case for the Nov. 20 comes on the heels of a filing from the Obama administration last week in which the Justice Department called on the court to make the Windsor case its priority among other cases challenging DOMA.

In that case, the U.S. Second Circuit Court of Appeals became the first appellate court to determine that DOMA is unconstitutional by applying a more rigorous standard of heightened scrutiny in evaluating the law.

But the marriage cases aren’t the only LGBT-related cases that the Supreme Court has docketed for its Nov. 20 conference. Justices have also scheduled whether to take up Arizona Gov. Jan Brewer’s (R) appeal of an federal district court injunction prohibiting her from enforcing a law that took away domestic partner benefits from state employees. The case is called Brewer v. Diaz.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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National

BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

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(Washington Blade photo by Joe Reberkenny)

Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.

According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.

Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.

The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.

“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”

Trump held a press conference at the White House after he left the hotel.

“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.

Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.

D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.

Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”

Both he and Bowser said the gunman appeared to act alone.

“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”

The Washington Blade will update this story as details become more available.

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