National
Democratic platform draft includes marriage equality plank: sources
Unanimous vote happened Sunday


Rep. Barney Frank confirmed Monday that a marriage equality plank will appear in the Democratic Party platform (Blade file photo by Michael Key)
The Democratic Party platform drafting committee approved on Sunday language endorsing same-sex marriage in addition to other pro-LGBT positions as part of the Democratic Party platform, according to two sources familiar with the drafting process.
Retiring gay Rep. Barney Frank (D-Mass.), who sits on the committee, told the Washington Blade on Monday that the 15-member panel unanimously backed the inclusion of a marriage equality plank after a national hearing over the weekend in Minneapolis, in which several witnesses testified in favor of such language.
“I was part of a unanimous decision to include it,” Frank said. “There was a unanimous decision in the drafting committee to include it in the platform, which I supported, but everybody was for it.”
Frank emphasized that support for marriage equality is a position that has been established for the Democratic Party, from the president, who endorsed marriage equality in May, to House Democratic lawmakers who voted to reject an amendment reaffirming the Defense of Marriage Act earlier this month.
A Democratic National Committee staffer, who is familiar with the process and spoke on condition of anonymity, said the language in the platform approved on Sunday not only backs marriage equality, but also rejects DOMA and has positive language with regard to the Employment Non-Discrimination Act. The exact wording of the language wasn’t immediately available.
The platform is still in a draft phase. Writers of the platform are now set to come up with close-to-final draft that will be presented before the full platform committee in Detroit from Aug. 10 to Aug. 12. That committee will discuss amendments before presenting the platform at the convention in Charlotte in September.
A number of witnesses were to testify in favor of a marriage equality plank in the platform: Marc Solomon, national campaign director for Freedom to Marry; Allison Herwitt, legislative director for the Human Rights Campaign; Army Chief Warrant Officer Charlie Morgan, a lesbian New Hampshire guardsman with stage-four incurable breast cancer and a plaintiff in Servicemembers Legal Defense Network’s lawsuit against the Defense of Marriage Act; Michael Macleod-Ball, the American Civil Liberties Union’s chief of staff for the Washington Legislative Office; and Aaron Zellhoefer, a gay delegate to the Democratic National Convention representing the National Stonewall Democrats.
Solomon, whose organization has been leading the effort to include a marriage equality plank in the platform, praised the committee in a statement for the adopting such language.
“We are grateful for the Platform Drafting Committee’s unanimous vote to include the freedom to marry in its draft of the Democratic Party platform,” Solomon said. “As I testified to the Committee on Friday, the Democratic Party has a noble history of fighting for the human and civil rights of all Americans. We are proud that the Committee is including language that will ensure the Party is leading the way forward in supporting marriage for loving and committed same-sex couples and their families.”
Zeke Stokes, an SLDN spokesperson, said following Morgan’s testimony that Frank spoke favorably about marriage equality and expressed the sentiment that such language would wind up in the platform.
“He spoke very passionately of his support for marriage equality following the Morgans’ testimony and left a strong impression that he believed it would ultimately be included,” Stokes said.
On Monday, White House Principal Deputy Press Secretary Josh Earnest deferred a question from National Public Radio’s Ari Shapiro on the adopted language to the DNC. The DNC didn’t respond to the Blade’s request to comment.
NOTE: This article has been updated.
U.S. Supreme Court
Supreme Court upholds ACA rule that makes PrEP, other preventative care free
Liberal justices joined three conservatives in majority opinion

The U.S. Supreme Court on Friday upheld a portion of the Affordable Care Act requiring private health insurers to cover the cost of preventative care including PrEP, which significantly reduces the risk of transmitting HIV.
Conservative Justice Brett Kavanaugh authored the majority opinion in the case, Kennedy v. Braidwood Management. He was joined by two conservatives, Chief Justice John Roberts and Justice Amy Coney Barrett, along with the three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson.
The court’s decision rejected the plaintiffs’ challenge to the Affordable Care Act’s reliance on the U.S. Preventative Services Task Force to “unilaterally” determine which types of care and services must be covered by payors without cost-sharing.
An independent all-volunteer panel of nationally recognized experts in prevention and primary care, the 16 task force members are selected by the secretary of the U.S. Department of Health and Human Services to serve four-year terms.
They are responsible for evaluating the efficacy of counseling, screenings for diseases like cancer and diabetes, and preventative medicines — like Truvada for PrEP, drugs to reduce heart disease and strokes, and eye ointment for newborns to prevent infections.
Parties bringing the challenge objected especially to the mandatory coverage of PrEP, with some arguing the drugs would “encourage and facilitate homosexual behavior” against their religious beliefs.
U.S. Supreme Court
Supreme Court rules parents must have option to opt children out of LGBTQ-specific lessons
Mahmoud v. Taylor case comes from Montgomery County, Md.

The U.S. Supreme Court on Friday ruled that public schools must give advance notice to parents and allow them the opportunity to opt their children out of lessons or classroom instruction on matters of gender and sexuality that conflict with their religious beliefs.
Mahmoud v. Taylor was decided 6-3 along party lines, with conservative Justice Samuel Alito authoring the majority opinion and liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson in dissent.
Parents from diverse religious backgrounds sued to challenge the policy in Maryland’s Montgomery County Public Schools when storybooks featuring LGBTQ characters were added to the elementary school English curriculum in 2022.
The school board argued in the brief submitted to the Supreme Court that “the storybooks themselves do not instruct about gender or sexuality. They are not textbooks. They merely introduce students to characters who are LGBTQ or have LGBTQfamily members, and those characters’ experiences and points of view.”
Advocacy groups dedicated to advancing free speech and expression filed amicus briefs in support of the district.
PEN America argued the case should be viewed in the context of broader efforts to censor and restrict what is available and allowable in public schools, for instance by passing book bans and “Don’t Say Gay” laws.
The ACLU said the policy of not allowing opt-outs is religion-neutral, writing that the Supreme Court should apply rational basis review, which requires only that the school district show that its conduct was “rationally related” to a “legitimate” government interest.
LGBTQ groups also objected to the challenge against the district’s policy, with many submitting amici briefs including: the National Center for Lesbian Rights, GLAD Law, Family Equality, COLAGE, Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG., and the National Women’s Law Center.
The Human Rights Campaign did not submit a brief but did issue a statement by the group’s President Kelley Robinson: “LGBTQ+ stories matter. They matter so students can see themselves and their families in the books they read–so they can know they’re not alone.”
“And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved,” she said. “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”
Federal Government
White House finds Calif. violated Title IX by allowing trans athletes in school sports
Education Department threatens ‘imminent enforcement action’

The Trump-Vance administration announced on Wednesday that California’s Interscholastic Federation and Department of Education violated federal Title IX rules for allowing transgender girls to compete in school sports.
In a press release, the U.S. Department of Education’s Office of Civil Rights threatened “imminent enforcement action” including “referral to the U.S. Department of Justice” and the withholding of federal education funding for the state if the parties do not “agree to change these unlawful practices within 10 days.”
The agency specified that to come into compliance; California must enforce a ban excluding transgender student athletes and reclaim any titles, records, and awards they had won.
Federal investigations of the California Interscholastic Federation and the state’s Department of Education were begun in February and April, respectively. The Justice Department sued Maine in April for allowing trans athletes to compete and refusing a similar proposal to certify compliance within 10 days.
Broadly, the Trump-Vance administration’s position is that girls who are made to compete against trans opponents or alongside trans teammates are unfairly disadvantaged, robbed of opportunities like athletics scholarships, and faced with increased risk of injury — constituting actionable claims of unlawful sex discrimination under Title IX.
This marks a major departure from how the previous administration enforced the law. For example, the Department of Education issued new Title IX guidelines in April 2024 that instructed schools and educational institutions covered by the statute to not enforce categorical bans against trans athletes, instead allowing for limited restrictions on eligibility if necessary to ensure fairness or safety at the high school or college level.
Sports aside, 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.
A number of high profile Democrats, including California Gov. Gavin Newsom, have recently questioned or challenged the party’s position on transgender athletes, as noted in a statement by Education Secretary Linda McMahon included in Wednesday’s announcement.
“Although Gov. Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.”
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