National
Prop 8 case wraps up, ruling expected in weeks
Appeals could take years; may be destined for Supreme Court
Attorneys Ted Olson and David Boies (front) are waging the case against Proposition 8, which banned same-sex marriage in California. (Photo courtesy of Equal Rights Foundation)
Marriage equality supporters were focused this week on the closing arguments in a case that could end California’s ban on same-sex marriage and similar bans throughout the country.
In the case Perry v. Schwarzenegger, attorney Ted Olson, a former U.S. solicitor general for former President George W. Bush, was set to give his final arguments in favor of same-sex marriage on Wednesday, after Blade deadline.
The legal challenge, pending before Chief Judge Vaughn Walker of the U.S. District Court of Northern California, aims to invalidate Proposition 8, a ballot initiative in 2008 that ended same-sex marriage in the Golden State.
In a conference call last week with reporters, Olson made the case for same-sex marriage in California. He noted that the U.S. Supreme Court has “declared again and again” that being able to choose the person one wants to marry “is a fundamental right in this country.”
“It is vital to the opportunity for people to be a part of communities, of neighborhoods — to be able to join together in a committed relationship and to bond with one another in a relationship sanctioned by the state,” he said.
Olson compared Prop 8 to state laws banning interracial marriage, which the U.S. Supreme Court struck down in the 1967 case Loving v. Virginia, and said he was presenting the same arguments in the Perry case.
“The parents of our president of the United States would have committed a crime had they been married at the time our president was born,” Olson said.
Olson said Prop 8 is unconstitutional in part because the referendum created four separate classes of people in California with respect to marriage.
They are same-sex couples who married in California before Prop 8 passed and remain married; same-sex couples who cannot marry; same-sex couples who married in other jurisdictions and have full legal marriage rights in California; and opposite-sex couples whom Olson said can marry whomever those choose “even if they’re in prison, even if they’re child abusers, or even if they’re 90 years old.”
Olson litigated the case in partnership with David Boies, an attorney who’s also been involved in high-profile cases. The two men were on opposite sides of Bush v. Gore in 2000; Olson represented then-Republican presidential candidate Bush while Boies represented Democratic presidential candidate Al Gore.
Boies, who cross-examined defendant witnesses during the trial, said, “there isn’t any support” for the arguments advanced by proponents of Prop 8 during the trial.
Proponents of Prop 8, Boies said, presented several arguments that failed under examination, such as the purpose of marriage being procreation, that marriage has always been between one man and one woman, and that same-sex marriages could endanger opposite-sex marriages.
“None of the defendant witnesses supported those propositions, and, in fact, all of their witnesses who spoke on those issued ended up giving contrary testimony,” Boies said.
For example, he said, witnesses under examination acknowledged that procreation has never been a requirement for marriage and many societies in the past have allowed same-sex marriage, including for a time California after the state’s Supreme Court in 2008 ruled that same-sex nuptials were mandated under the state constitution.
“It was only the passage of Proposition 8 that took this right away from gay and lesbian couples even in California,” Boies said.
Additionally, Boies said defendants’ witnesses acknowledged on the stand that prohibiting LGBT couples from marrying “caused them serious damage, and caused the hundreds of thousands of children that those couples were raising serious damage.”
Boies also said defendants were unable to produce witnesses that could provide “a shred of evidence” that same-sex marriage endangers opposite-sex marriage.
“It’s a critically important case, but it’s one in which the facts really are not in dispute,” Boies said. “The other side doesn’t have a legal argument, they don’t have a factual argument — they got a circular bumper sticker for a case.”
Proponents of Prop 8 will also have an opportunity to offer remarks during closing arguments. Chuck Cooper, lead attorney for defendants, will represent those arguing for the court to uphold Prop 8.
In a statement, Jim Campbell, an attorney for Alliance Defense Fund, a conservative legal firm working on the case, said defendants would emphasize arguments they made throughout the trial.
“The team of attorneys defending Proposition 8 will highlight all the reasons why Proposition 8 is constitutional,” he said. “In doing so, they will emphasize the reasons why Proposition 8 is not only rational, but also why preserving marriage as one man and one woman is good social policy.”
Jennifer Pizer, marriage project director and senior counsel for Lambda Legal, predicated both sides in the Perry case would “survey the evidence” already presented during the trial.
She said Olson and Boies presented “a massive evidentiary record” before the court and expected them “to offer a structure for this mountain of relevant evidence that they have submitted.”
For proponents of Prop 8, Pizer said she expects attorneys to “make a mountain out of the barely noticeable molehill of evidence” that they’ve submitted.
She said much of the defendants’ evidence was submitted from individuals who weren’t qualified as experts, meaning they weren’t in court and qualified according to the rules and therefore not examined.
“The defendants offered into evidence a pile of articles without explanation of who the authors were or why any of their writings might be relevant to anything,” she said. “So I suspect that Chuck Cooper may refer to many of those documents as if they were relevant evidence, but they’re not.”
Pizer also predicted that the defendants would argue that the “anti-gay prejudice that infused and inspired the Prop 8 campaign” isn’t legally relevant to whether the initiative is constitutional. Still, Pizer said she believes this anti-gay bias was the sole purpose of Prop 8.
“The proponents of Prop 8 were inspired by anti-gay prejudice and they sent the voting public misinformation in a deliberate attempt to confuse and induce people to vote their prejudice into law — and they succeeded,” she said.
Pizer said Lambda was involved in the Perry case by filing two friend-of-the-court briefs in favor of the legal challenge to Prop 8 as well as providing resource assistance to plaintiffs in the case.
Earlier this month, Walker presented an 11-page list of questions he wanted attorneys on both sides of the case to answer during closing arguments. Among the topics for plaintiffs was a requested review of any empirical data showing that the availability of same-sex marriage reduces discrimination against LGBT people.
During the conference call, Olson said that such data can be found in the ballot label for Prop 8, which noted the measure “eliminates the rights for same-sex couples to marry.”
“You are not only stating that the state creates discrimination, but that the state sanctions discrimination — and sanctions the points of the attitudes — that bring about private discrimination,” Olson said. “It has always been the case that when the court eliminates state discrimination … that people open up and realize that what they’re doing themselves is not permissible.”
Another question was how the court could find Prop 8 unconstitutional without also invalidating the Defense of Marriage Act, the 1996 law prohibiting federal recognition of same-sex marriages.
Boies said the matter under consideration is different from DOMA because state law traditionally determines marriage in the United States, although some of the constitutional arguments against DOMA are similar to those against Prop 8.
“For all of the rights that are a matter of state law — which are the majority of rights that are involved — it is critical that people have the right to marry even if DOMA were to continue to exist,” Boies said.
Several observers following the case have predicted that Walker will rule in favor of plaintiffs, although how subsequent courts will rule on any appeal remains to be seen.
Pizer said she couldn’t predict how Walker will rule in the case, but noted that the questions he’s posed show a focus on “questions of causation.”
“He is focused on whether there are adequate government purposes and whether there’s a proper causal relationship between what Prop 8 actually does and goals that the state is actually permitted to have,” she said. “Advancing prejudice is never a proper government purpose.”
In response to a Blade inquiry on the timeline for the case, Olson said he expects a decision from Walker in the case within weeks of the closing arguments. The next step would be taking the case to the U.S. Court of Appeals for the Ninth Circuit.
Olson said he hopes that Walker will find Prop 8 unconstitutional and allow LGBT people to start marrying in California immediately, but noted that if he withholds institution of that decision, plaintiffs hope the Ninth Circuit would hear the case “in a hurry.”
“That’s probably a process that would take perhaps a year, although we moved through this case fairly rapidly so far,” Olson said.
The case could then be appealed to the U.S. Supreme Court. Olson said following the appeals court ruling, it would take six to eight months to get the case on the docket for the high court.
But Pizer said it’s difficult to determine how long the case would remain in the Ninth Circuit because it could first go before a three-judge panel — and then advance to an 11-judge panel.
“That’s a long way of saying it’s impossible to tell how long it would be between now and the Supreme Court,” she said. “It might be two years or three years. Anybody who gives you a prediction is making a guess.”
Asked whether the Supreme Court would examine only the constitutionality of Prop 8 or the validity of same-sex marriage bans throughout the country, Olson said the scope of the examination would be up to the Supreme Court.
“It will also be a part and a function of what the district court and the Ninth Circuit of Appeals decides, and who’s the party bringing the case to the Supreme Court, but I think that the court will have a menu of opportunities,” he said.
Olson said it’s possible the Supreme Court would only examine the constitutionality of the same-sex marriage ban in California because Prop 8 is “particularly egregious.”
He noted that California was the only state to allow same-sex couples to marry and then eliminate that right — and the only state to create four sets of classes of couples.
Still, Olson said “at the base” of the Perry case is the fundamental right to marry, which would apply to same-sex marriage bans throughout the country.
“I think there will be a great temptation once it gets to the Supreme Court for the justices to say, ‘This case can come back to us in various forms; we should look at the fundamental rights and decide the rights of these Americans now once and for all,’” Olson said. “We hope that that would be the case.”
New York
N.Y. lawmaker vows ‘Pride flag will fly again’ at Stonewall Monument
After a Jan. 21 policy shift, Pride flags were banned at national parks, prompting backlash from Bottcher and LGBTQ advocates.
Hours after news broke that the National Park Service would no longer allow Pride flags to fly at the Stonewall National Monument — the birthplace of the modern LGBTQ rights movement in the United States — the Washington Blade spoke with New York State Sen. Erik Bottcher, who represents the area surrounding the Stonewall Inn and the national monument.
During the interview, Bottcher, who is gay, spoke about the policy change and outlined steps he plans to take in the coming days to push for its reversal.
“This is another act of erasure,” Bottcher told the Blade. “It’s a cowardly attempt to rewrite history and to intimidate our community. This is Stonewall — it’s where we fought back, where we ignited a global movement for equality — and we refuse to go back. We’re not going to accept these acts of erasure.”
The Stonewall Inn became a flashpoint in 1969 after NYPD officers raided the bar, part of a longstanding pattern of police harassment of LGBTQ spaces. The raid sparked days of protest and resistance along Christopher Street, now widely recognized as the catalyst for the modern LGBTQ rights movement.
While the events are often referred to as the “Stonewall Riots,” many activists and historians prefer the term “Stonewall Uprising,” emphasizing that the resistance was a response to systemic oppression rather than senseless violence. LGBTQ patrons and community members fought back — shouting “Gay Power!” and “Liberate Christopher Street!” — as crowds grew and frustration with police abuse boiled over.
Since the uprising, LGBTQ people and allies have gathered annually in June to commemorate Stonewall and to celebrate Pride, honoring the movement that placed LGBTQ voices at the center of the fight for equality.
In June 2016, then President Barack Obama officially designated the space as the Stonewall National Monument, making it the United States’s first national monument designated for an LGBTQ historic site.
Now, nearly 10 years later, President Trump’s appointed NPS acting director Jessica Bowron changed policy on Jan. 21 regarding which flags are allowed to be flown in national parks. Many, including Bottcher, say this is part of a larger targeted and deliberate attempt by the administration to erase LGBTQ history.
“It’s clear they’re making a conscious decision to erase the symbols of our community from a monument to our community’s struggle,” he said. “This is a calculated and premeditated decision, and it could be — and should be — reversed.”
“Let’s be clear,” Bottcher added, “they wish we didn’t exist … But we’re not going anywhere. We refuse to go back into the shadows.”
When asked why it is critical to challenge the policy, Bottcher emphasized the importance of visibility in preserving LGBTQ history.
“This is why it’s so important that we not let this stand,” he said. “Visibility is critical. When people see us, learn about us, and get to know us, that’s how we break down prejudice and stereotypes. We cannot allow them to push us back into the shadows.”
Other LGBTQ leaders and elected officials were quick to condemn the removal of the Pride flag, which had flown since the site’s official designation as a national monument.
New York City Mayor Zohran Mamdani called the decision “outrageous.”
“I am outraged by the removal of the Rainbow Pride Flag from Stonewall National Monument,” Mamdani said in a statement. “New York is the birthplace of the modern LGBTQ+ rights movement, and no act of erasure will ever change or silence that history.”
“Our city has a duty not just to honor this legacy, but to live up to it,” he added. “I will always fight for a New York City that invests in our LGBTQ+ community, defends their dignity, and protects every one of our neighbors — without exception.”
Senate Minority Leader Chuck Schumer also condemned the move.
“The removal of the Pride Rainbow Flag from the Stonewall National Monument is a deeply outrageous action that must be reversed immediately,” Schumer said in a statement to The Advocate. “Stonewall is a landmark because it is the birthplace of the modern LGBTQ rights movement, and symbols of that legacy belong there by both history and principle.”
Cathy Renna, communications director for the National LGBTQ Task Force, said the flag’s removal will not erase the movement it represents.
“They can take down a flag, but they can’t take down our history,” Renna said. “Stonewall is sacred ground rooted in resistance, liberation, and the legacy of trans and queer trailblazers who changed the course of history.”
Human Rights Campaign National Press Secretary Brandon Wolf echoed that sentiment.
“Bad news for the Trump administration: these colors don’t run,” Wolf said. “The Stonewall Inn and Visitors Center are privately owned, their flags are still flying high, and that community is just as queer today as it was yesterday.”
Tyler Hack, executive director of the Christopher Street Project, said the removal was aimed squarely at LGBTQ visibility.
“The Pride flag was removed from Stonewall for one reason: to further erase queer and trans people from public life,” Hack said. “Stonewall marks the moment when queer and trans people fought back and demanded dignity. Our history is not theirs to erase.”
Bottcher closed with a promise to his constituents — and to the broader LGBTQ community — that the Pride flag’s removal would not be permanent.
“We will not be erased. We will not be silenced,” he said. “And the Pride flag will fly again at the birthplace of our movement.”
Florida
Disney’s Gay Days ‘has not been canceled’ despite political challenges
GayDays is moving forward with its planned LGBTQ meet-up
Gay Days in Orlando is preparing for its 2026 gathering though organizers have yet to release full details.
Concerns emerged about the status of the annual meetup of LGBTQ people at Walt Disney World in Orlando, Fla., after social media posts and multiple news outlets reported the event would not take place this year.
In response to inquiries from the Blade, Josh Duke, co-owner of Gay Days, clarified that an update would come this week.
“At this time, I’d like to clarify that Gay Days Orlando has not been canceled,” an email to the Blade said. “We are currently finalizing details regarding our plans for 2026 and will be making an official announcement later this week.”
Earlier this week, Gay Days posted about a pause in their plans for the annual meeting, which quickly gained traction online.
In an official statement on social media, Gay Days organizers cited several factors behind what had initially appeared to be a cancellation of their 2026 event.
“Changes to our host hotel agreement, the loss of key sponsorship support, and broader challenges currently impacting LGBTQIA+ events nationwide made it impossible to deliver the experience our community deserves,” organizers wrote. However, the statement added, “This is a pause — not an ending.”
In a longer message shared with supporters, organizers elaborated on that now-reversed decision.
“Gay Days Family — it is with very heavy hearts that we share Gay Days 2026 will not take place this year. This was an incredibly difficult decision and one that was only made after every possible option was explored.
“Gay Days has always been more than an event — it is community, family, and a place where so many memories are made. While this pause is painful, it also gives us the opportunity to step back, listen, and begin shaping a stronger and reimagined GayDays for the future. Thank you for your continued love, patience, and support. This is not goodbye — it’s a reset, and we look forward to creating the future of GayDays together.”
GayDays, which began in 1991, encourages queer Disney fans to visit the Orlando theme park while wearing red shirts to identify one another. Originally focused on gay men reclaiming the childhood joy often denied due to homophobia, the event has expanded over the years to include LGBTQ+ families on summer vacations and queer couples honeymooning in the Magic Kingdom.
Disney made history in 2019 by holding its first-ever official Pride event at its European park, Disneyland Paris. In 2023, Disneyland California hosted the first U.S. official Pride event.
Concerns about the potential cancellation had arisen amid broader challenges affecting LGBTQ events nationwide. These include changes in hotel agreements, sponsorship support, and Florida’s increasingly restrictive anti-LGBTQ policies under Gov. Ron DeSantis. Florida currently has an equality score of -3.00 out of 49 from the Movement Advancement Project, which evaluates states based on policies affecting relationship and parental recognition, nondiscrimination, religious exemptions, LGBTQ youth, healthcare, criminal justice, and transgender identity documentation.
Recent legislation in Florida has included prohibitions on hormone replacement therapy for transgender minors, restrictions on adult access to treatment, bans on drag performances for those under 18, bathroom bans for transgender people in state buildings, and expansion of the Parental Rights in Education Act, commonly called the “Don’t Say Gay” law. These measures limit public school instruction or discussion about sexual orientation and gender identity.
Gay Days Anaheim is scheduled to take place at Disneyland Resort in September.
Disney has also maintained a focus on Pride, reporting in 2022 that proceeds from Pride merchandise benefited numerous LGBTQ organizations, including GLSEN, PFLAG, The Trevor Project, Zebra Coalition, the Los Angeles LGBT Center, the LGBT Center Orange County, the San Francisco LGBT Center, and the Ali Forney Center. Pride merchandise sold internationally supports local LGBTQ organizations in those regions.
More details about this event are expected to be released on Friday.
New York
Pride flag removed from Stonewall Monument as Trump targets LGBTQ landmarks
The new NPS policy targets Pride flags amid consistent efforts from the Trump administration to minimize LGBTQ history.
A rainbow Pride flag flying at the Stonewall National Monument in New York was removed at the direction of Trump administration officials at the National Park Service, according to a source familiar with the matter who spoke to the Blade on condition of anonymity.
The source said the move had been in the works for weeks and is part of ongoing efforts by the Trump-Vance administration to erase LGBTQ identity from federally controlled landmarks.
In response to the Blade’s request for information about the new flag policy, the National Park Service provided the following statement:
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points. The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose. These include historical context or reenactments, current military branch flags, flags of federally recognized tribal nations affiliated with a park, flags at sites co-managed with other federal, state, or municipal partners, flags required for international park designations, and flags displayed under agreements with U.S. Citizenship and Immigration Services for Naturalization ceremonies.”
The statement also included official guidance on the display of non-agency flags issued by Trump-appointed National Park Service Director Jessica Bowron.
The Blade reached out to other organizations to confirm the status of the Pride flag last week, including the Stonewall National Monument Visitor Center, the NYC Landmarks Preservation Commission, and the National Parks Conservation Association. None were able to provide details about whether the flag was still flying at that time but it has since been removed.
This action aligns with other moves targeting and erasing LGBTQ history. In September, the Blade reported that three organizations originally slated to receive more than $1.25 million from the National Park Service’s Underrepresented Communities Grant Program would no longer receive funding: In Washington, D.C., the Preservation League had been awarded $75,000 to document LGBTQ+ historic resources. In Providence, R.I., the Preservation Society was slated for $74,692 to conduct an LGBTQ+ survey and prepare a National Register nomination. And in New York, the Fund for the City of New York, Inc., had been awarded $32,000 to nominate the residence of Bayard Rustin — the iconic civil rights and LGBTQ activist — as a National Historic Landmark.
CMS moves to expand HIV-positive organ transplants
Shooter who killed 7 people inside Canada school was transgender
Russia’s anti-LGBTQ crackdown takes absurd turn
McPike wins special election for Va. House of Delegates
As Oscars approach, it’s time to embrace ‘KPop Demon Hunters’
PHOTOS: Drag in rural Virginia
New book explores homosexuality in ancient cultures
I keep getting rejected on the apps
Gay man details secret struggle with bulimia
