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House votes to ban same-sex weddings on military bases

GOP-controlled chamber approves King amendment by 247-166 vote

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Rep. Steve King (Blade photo by Michael Key)

The U.S. House approved on Thursday an amendment that aims to bar same-sex wedding ceremonies from taking place on military bases — although LGBT groups are denying the measure will have any legal impact.

The amendment, introduced by Rep. Steve King (R-Iowa,) was approved 247-166 as part of major $608 billion Pentagon budget legislation known as the fiscal year 2013 defense appropriations bill. The House on the same day approved the legislation as a whole by 247-167.

In a floor speech offering the amendment, King, who has reputation for being anti-gay, said the amendment was necessary because the Pentagon is allowing same-sex weddings to take place on military bases and chaplains to officiate over these ceremonies despite the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.

“This same-sex marriage that has been taking place on our military bases, where otherwise legal around the world, contravenes the Defense of Marriage Act,” King said. “The Defense of Marriage Act means this, actually says specifically this: marriage means only a legal union between one man and one woman, as husband and wife, and the word spouse refers only to a person of the opposite sex who is a husband or a wife. Pretty simple statute being contravened by the directives of the President of the United States as exercised through the secretary of defense.”

The Pentagon issued guidance shortly after “Don’t Ask, Don’t Tell” repeal went into effect giving the OK to same-sex wedding ceremonies on military bases and allowing chaplains to participate in them if they so choose. The guidance states the military facilities should be used on a “sexual-orientation basis” and military chaplains may officiate over same-sex weddings, but aren’t required to do so if that’s contrary to their religious briefs.

Also on the House floor, King knocked Obama for coming out in favor of same-sex marriage, suggesting Obama’s new position is what makes him believe the administration can circumvent DOMA to allow same-sex weddings on military bases — even though Obama announced support for same-sex marriage more than a year after the Pentagon issued its guidance.

“The President has now stepped out and said that he supports same-sex marriage in the United States,” King said. “That is, apparently, the most recent evolution of his position. But an evolving position of the President of the United States cannot be allowed to contravene the will of the people of the United States, as expressed through the statutes of the United States and as signed by previous President Bill Clinton in September of 1996.”

Five Republicans voted against the amendment: Reps. Ileana Ros-Lehtinen (R-Fla.), Judy Biggert (R-Ill.), Rep. Mario Diaz-Balart (R-Fla.), Richard Hanna (R-N.Y.) and Nan Hayworth (R-N.Y.). But 17 Democrats voted in favor of the measure: Reps. John Barrow (D-Ga.), Sanford Bishop (D-Ga.), Ben Chandler (D-Ky.), Jerry Costello (D-Ill.), Mark Critz (D-Pa.), Joe Donnelly (D-Ind.), Gene Green (D-Texas), Tim Holden (D-Pa.), Larry Kissell (D-N.C.), Dan Lipinski (D-Ill.), Jim Matheson (D-Utah), MIke McIntyre (D-N.C.), Collin Peterson (D-Minn.), Nick Rahall (D-W.V.), Miss Ross (D-Ark.) and Health Shuler (D-N.C.).

Rep. Norman Dicks (D-Wash.), ranking Democrat on the House appropriations committee and House defense subcommittee, spoke out against the King amendment on the floor, saying he believes lawmakers should discuss DOMA, but in terms of the negative impact it has on gay service members.

“As the gentleman knows, the Defense of Marriage Act is already current law,” Dicks said. “Despite the successful repeal of ‘Don’t Ask, Don’t Tell’ last year under DOMA, same-sex military spouses are not entitled to the same benefits as other married couples. This amendment only seeks to divide this House. He knows that current law already prohibits same-sex spouses from independently shopping at military commissaries, using base gyms, or benefiting from subsidized dental and health care.”

LGBT advocacy expressed indignation over the passage of the amendment, but said the measure would have no impact because federal funds are already not used in violation of DOMA.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said King’s amendment would do “nothing new.”

“No funds can ever be spent in contravention of federal law,” Sarvis said. “With this amendment, the Congressman is wasting Congress’ time and energy by restating current law in an attempt to infringe upon the rights of chaplains to practice their own faith and relegate gay and lesbian service members to second-class status by restricting their use of military facilities.”

Sarvis added DOMA has no impact on whether same-sex weddings can take place on military bases or whether chaplains can officiate over them.

“If the congressman wants a debate about the inequalities thrust upon America’s gay and lesbian service members by DOMA, let’s have that debate,” Sarvis said. “But perhaps, he should first undertake a review of the law and come to the debate prepared.”

Prior to passage of the amendment, the American Civil Liberties Union wrote a letter dated July 19 to House members urging them to vote “no” on the measure, saying it’s “both unnecessary and redundant.” The letter is signed by Ian Thompson, the ACLU’s legislative representative, and Laura Murphy, director of the Washington legislative office.

“While there are multiple legal challenges to DOMA working their way through the federal courts, it is still the law of the land,” Thompson and Murphy write. “The Department of Defense, like all federal agencies, is bound to uphold the law. The King Amendment serves absolutely no purpose other than to score election year political points at the expense of gay and lesbian couples and their families.”

It’s the not the first time the House has reaffirmed DOMA since Republicans have taken control of the chamber. On the same day that Obama announced his support for same-sex marriage, the House approved a measure by freshman Rep. Tim Huelskamp (R-Kansas) stating no U.S. government funds should be used in violation of DOMA. Last year, the House approved another amendment from Rep. Virginia Foxx (R-N.C.) reaffirming DOMA as part of defense appropriations legislation.

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National

Supreme Court deals blow to trans student privacy protections

Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.

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Transgender rights activists protest outside the Supreme Court in early 2026. (Washington Blade Photo by Michael Key)

The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.

The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.

The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.

The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.

Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.

Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.

The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.

“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”

In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”

Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.

The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.

The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.

California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.

The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

President Donald Trump acknowledges Sage Blair, pictured second from left, during his speech at the State of the Union on Feb. 24. (Washington Blade photo by Michael Key)

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.

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Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

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Gil Pontes III

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

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Kansas

ACLU sues Kansas over law invalidating trans residents’ IDs

A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.

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Kenda Kirby, transgender, Supreme Court, gay news, Washington Blade
A transgender flag flies in front of the Supreme Court. (Washington Blade file photo by Michael Key)

Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.

Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.

According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.

House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.

Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.

The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.

Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.

State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”

“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”

“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”

“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”

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