Connect with us

National

DOMA repeal supporters seek Senate hearings

But Congress unlikely to overturn law anytime soon

Published

on

Sen. Patrick Leahy is being called on to hold hearings on DOMA (Blade photo by Michael Key).

Supporters of repealing the Defense of Marriage Act are calling on the Senate to hold hearings on the impact the denial of the federal benefits and responsibilities of marriage is having on married same-sex couples throughout the United States.

Evan Wolfson, executive director of the New York-based Freedom to Marry, said hearings before the Senate could help raise the level of discussion on marriage on Capitol Hill.

“One of Freedom to Marry’s top goals is to take the marriage conversation in Washington, D.C., to a higher level — putting real faces, presenting the real evidence and dispelling the bogus arguments — to give elected officials and other policy makers a better understanding of why marriage matters,” Wolfson said. “Holding hearings is certainly one important opportunity for us to help continue the momentum in support of overturning DOMA and ending marriage discrimination.”

A Senate Democratic aide, who spoke on condition of anonymity, also emphasized the importance of hearings as legislative repeal remains unlikely during the 112th Congress.

“One of the key steps that senators can take to build momentum is to have a hearing, or hearings, on the topic,” the aide said. “I think a thorough and perhaps even a dramatic hearing could galvanize opinion in the Senate and hopefully even serve as a galvanizing moment more broadly in the public.”

As a result of DOMA, which was passed by Congress in 1996,  married same-sex couples cannot participate in federal programs. For instance, they can’t file joint federal income taxes, receive spousal benefits under Social Security or obtain exemptions of the estate tax law upon the death of one of the spouses.

Last week, Sen. Dianne Feinstein (D-Calif.) introduced legislation in the Senate known as the Respect for Marriage Act, which would repeal the anti-gay statute. Rep. Jerrold Nadler (D-N.Y.) has introduced companion legislation in the House. Neither piece of legislation has any Republican co-sponsors.

Favorable hearings on DOMA repeal are unlikely in the House with Republicans in control of the chamber. Rep. Lamar Smith (R-Texas), chair of the House Judiciary Committee, has spoken out in support of maintaining the anti-gay statute.

Consequently, the decision on whether to hold hearings rests with Sen. Patrick Leahy (D-Vt.), chair of the Senate Judiciary Committee. Known as an LGBT advocate, Leahy is among the co-sponsors of the DOMA repeal legislation.

A Judiciary Committee spokesperson said she couldn’t provide a comment on whether Leahy intends to hold hearings during the 112th Congress because he’s currently serving as part of a congressional delegation overseas.

Even with support growing in the Senate, the repeal legislation faces tremendous odds against reaching President Obama’s desk during the 112th Congress with Republicans in control of the House. Even with Democrats in control of the upper chamber, reaching the 60-vote threshold for passage of the Respect for Marriage Act in the Senate would be challenging.

Maggie Gallagher, chair of the anti-gay National Organization for Marriage, told the Washington Blade via e-mail that she would appreciate the opportunity to speak at a congressional hearing on marriage, but questioned why they would need to take place if DOMA repeal legislation has no chance of passage.

“I certainly would welcome a chance to make the case for DOMA again, personally, however I think it would be rather silly for the Senate to waste its time on hearings on a bill that has exactly zero chance of passage,” she said.

But Richard Socarides, president of Equality Matters, said hearings could be part of the plan that would bolster support for passage of the legislation in the Senate.

“If we’re able to get Senate Judiciary Committee hearings, I think the right thing to do would be obvious for a lot of senators,” Socarides said. “It’s possible at some point before the end of this Congress, we could have a majority of senators who understand the importance of repealing this law. … It’s very important to make progress and hearings could be an important part of that.”

Despite the challenges in passing DOMA, a change in administration policy and growing public support for same-sex marriage is changing the landscape for the statute’s repeal.

Last month, President Obama announced he believes DOMA is unconstitutional and that the U.S. Justice Department would no longer defend DOMA in court against litigation. House Speaker John Boehner has directed the House general counsel to take up defense of the statute in court.

Additionally, a Washington Post-ABC News poll published last week found 53 percent of Americans support same-sex marriage and significant gains in support for same-sex marriage in religious communities. The poll indicates a 23-point in support increase among white Catholics, a 16-point increase among nonevangelical white Protestants, and an 11-point increase among evangelicals.

The Senate Democratic aide said both these developments will have a “big impact” on generating support for the eventual overturning of DOMA. Additionally, the aide said the success last year of passing legislation allowing for “Don’t Ask, Don’t Tell” repeal created a climate that could allow for DOMA repeal.

“We saw these unexpected Republicans like Richard Burr and John Ensign voting for ‘Don’t Ask, Don’t Tell’ repeal and I think that part of the message that I’m hearing from people who are pushing DOMA repeal along is that if a gay person is good enough to fight and die for their country now openly, then why should they also have the right to marry?” the aide said. “I think that’s a powerful sort of one-two punch.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

Published

on

U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

Continue Reading

New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

Published

on

The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

Continue Reading

New York

Zohran Mamdani participates in NYC Pride parade

Mayoral candidate has detailed LGBTQ rights platform

Published

on

NYC mayoral candidate and New York State Assembly member Zohran Mamdani (Screen capture: NBC News/YouTube)

Zohran Mamdani, the candidate for mayor of New York City who pulled a surprise victory in the primary contest last week, walked in the city’s Pride parade on Sunday.

The Democratic Socialist and New York State Assembly member published photos on social media with New York Attorney General Letitia James, telling followers it was “a joy to march in NYC Pride with the people’s champ” and to “see so many friends on this gorgeous day.”

“Happy Pride NYC,” he wrote, adding a rainbow emoji.

Mamdani’s platform includes a detailed plan for LGBTQ people who “across the United States are facing an increasingly hostile political environment.”

His campaign website explains: “New York City must be a refuge for LGBTQIA+ people, but private institutions in our own city have already started capitulating to Trump’s assault on trans rights.

“Meanwhile, the cost of living crisis confronting working class people across the city hits the LGBTQIA+ community particularly hard, with higher rates of unemployment and homelessness than the rest of the city.”

“The Mamdani administration will protect LGBTQIA+ New Yorkers by expanding and protecting gender-affirming care citywide, making NYC an LGBTQIA+ sanctuary city, and creating the Office of LGBTQIA+ Affairs.”

Continue Reading

Popular