Connect with us

National

Conn. federal court latest to rule against DOMA

Bush-appointed judge says anti-gay law unconstitutional

Published

on

Law gavel, gay news, Washington Blade

(Photo via Wikimedia)

A Connecticut federal court has added yet another ruling striking down the Defense of Marriage Act and determined the law is unconstitutional on the basis of two standards of review.

On Tuesday, U.S. District Judge Vanessa Bryant of the U.S. District Court of Connecticut granted summary judgment in the case of Pedersen et al v. Office of Personnel Management and ruled against DOMA, which prohibits federal recognition of same-sex marriage, on the basis that it violates equal protection under the Fifth Amendment of the U.S. Constitution.

Among the reasons why Bryant, who was appointed in 2007 by former President George W. Bush, determined that DOMA is unconstitutional is the negative effect that it has on children reared by married same-sex couples.

“For example, Section 3 of DOMA deprives members of same-sex marriages of the right, under the FMLA, to take leave to care for a spouse with a serious health condition,” Bryant writes. “Children of same-sex families would undoubtedly suffer from their parents’ inability to rely on this federal marital benefit, as their household would be put under greater stress in attempting to cope with the serious illness of a parent.”

The lawsuit was filed by the New England-based Gay & Lesbian Advocates & Defenders. Co-counsel on Pedersen are Jenner & Block LLP in D.C., Horton, Shields & Knox in Hartford, Conn., and Sullivan & Worcester LLP in Boston.

The 104-page ruling first lays out reasons why DOMA fails first on the heightened scrutiny standard of review, but also under the lower standard of rational basis review. Only in the case of Golinksi v. United States has a court before determined that DOMA is unconstitutional on both of these standards of review.

Doug NeJaime, who’s gay and a professor at Loyola Law School, said the application of both standards of review in the case is noteworthy, and added that Bryant isn’t the first judge to strike down DOMA in this manner.

“The striking thing is that the judge has applied the heightened scrutiny standard and determined that sexual orientation should get heightened scrutiny and does an analysis on why DOMA fails rational basis anyway,” NeJaime said.

The plaintiffs in the case are five couples and a widower from Connecticut, Vermont and New Hampshire who have been denied the federal benefits, including benefits afforded to the spouses of federal employees. The lead plaintiff is Joanne Pedersen, who retired from a civilian position within the Department of the Navy after 30 years and is seeking health benefits for her spouse, Ann Meitzen.

Pedersen said she’s “thrilled” the court ruled her marriage should be respected by the federal government just as it is in her home state of Connecticut, which legalized same-sex marriage in 2008.

“I loved working for the Navy for many years, and now that I am retired I now just want to care for my wife and make sure we can enjoy some happy and healthy years together,” Pedersen said. “DOMA has prevented us from doing that.”

Mary Bonauto, GLAD’s civil rights project director, said in a conference call with reporters that the ruling makes convincing arguments against DOMA on both heightened scrutiny and rational basis standards of review.

“Judge Bryant’s ruling is very clear: married people are married and should be treated as such by the federal government. There is no legitimate basis for DOMA’s broad disrespect of the marriages of same-sex couples,” Bonauto said in a statement. “We are very pleased that the court recognized that DOMA’s creation of second-class marriages harms our clients who simply seek the same opportunities to care and provide for each other and for their children that other families enjoy.”

Additionally, Bonauto said she expects the Bipartisan Legal Advisory Group to appeal the case to the U.S. Second Circuit Court of Appeals, which must happen within 60 days. BLAG, under the direction of U.S. House Speaker John Boehner (R-Ohio) and other Republicans, took up defense of DOMA after the Obama administration stopped defending DOMA in court last year.

A spokesperson for Boehner’s office didn’t immediately respond to a request for comment on the Connecticut court ruling against DOMA.

Several courts at various levels have made rulings against DOMA. The tally now stands at five district courts, one appeals court and one bankruptcy court. A number of parties both for and against DOMA have asked the Supreme Court to consider the constitutionality of DOMA, although no such request has been made in the Pedersen case.

The Pedersen case could be joined on appeal to the Second Circuit with Windsor v. United States, in which a New York federal district court ruled that DOMA is unconstitutional, because both cases have been filed in the Second Circuit. Windsor is among the cases through which both plaintiffs — and supporters of DOMA repeal like New York City Michael Bloomberg and New York City Speaker Christine Quinn — have asked the Supreme Court to overturn DOMA.

The decision comes on the same day the proponents of California’s Proposition 8 appealed a U.S. Ninth Circuit Court panel’s decision overturning the amendment to the U.S. Supreme Court. It’s possible that the high court could weigh the constitutionality of California’s gay ban at the same time it determines the constitutionality of DOMA.

 

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

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

Shooter reportedly opened fire inside hotel

Published

on

(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 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.

Continue Reading

State Department

State Department implements anti-trans bathroom policy

Memo notes directive corresponds with White House executive order

Published

on

(Photo courtesy of the Library of Congress)

The State Department on April 20 announced employees cannot use bathrooms that correspond with their gender identity.

The Daily Signal, a conservative news website, reported the State Department announced the new policy in a memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms.”

The State Department has not responded to the Washington Blade’s request for comment on the directive.

“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. “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.”

The Daily Signal notes the new State Department policy “does not prohibit single-occupancy restrooms.”

Continue Reading

National

I’m telling the scared little girl I once was it’s okay to feel free

This week is Lesbian Visibility Week

Published

on

(Design by Soph Holland)

Uncloseted Media published this article on April 23.

By SOPHIE HOLLAND | At 13 years old, I remember looking in the mirror in my Toronto bathroom and thinking, “Yeah, I’m a lesbian.” At the time, I thought it was a dirty word. Thinking back, it could be because the first time I heard it was when a family member said, “I don’t know what a lesbian is, they are like aliens.”

And although I walked around in camouflage Crocs with a rainbow My Little Pony charm, plaid knee-length shorts and a shark tooth necklace (yes, these are all, in my opinion, stereotypically lesbian apparel!), I didn’t feel like I fit the mold. The longer I thought about it, the worse I felt, so I buried my feelings deep inside.

Now I am 25, and I have been out since I was 22. Three years ago, I never could have imagined that I’d be working for a queer news publication and celebrating Lesbian Visibility Week, an annual event meant to honor and uplift lesbian perspectives and highlight the hardships our community faces. To me, LVW is so important because, frankly, it has been an absolute shit show getting here, to a place where I feel love and joy most days.

I think back to the frustration of constantly being asked, “Do you have a boyfriend?” Of watching princess movies and seeing a broken girl only find herself when her prince charming arrives. I remember listening to music that was always about heterosexual relationships. I remember feeling left out in high school when, one by one, my friends got boyfriends.

I tried the boyfriend, and I tried really hard for it to work at a large detriment to my wellbeing. I brainwashed myself into thinking I was probably bisexual, which I told my closest friends around 16 and unsuccessfully told my parents at the same age. I was probably subconsciously using this as a litmus test of their acceptance and to soothe the anxiety I felt around my sexuality.

Learning to love who I am did not only come from me unraveling my internalized lesbophobia and dissecting the oppressive societal messages of heteronormativity. It came from meeting an awesome community of lesbians and queers. I found people who understood my worldview and who showed me the ropes. I no longer had to stutter over concepts like lesbian loneliness or my frustration with misogynistic straight men.

They all just got it.

Without this community, I am not sure if I could be as warm and confident in myself as I am today.

And while I still experience homophobia, like being spat on while walking with an ex in downtown Toronto or having a stranger yell in my face “Are you fucking lesbians?” in Kensington Market, the joy and love still outweighs the nasty.

So, as the sentimental dyke that I have become, I decided to ask a set of lesbians in my orbit — including my friends as well as Uncloseted staffers, board members and followers — if they would share a little bit about what makes them love being a lesbian. And now, I can share it with all of you. Here they are. Happy LVW!

Timi Sotire

Falling in love with her was a reset. I felt like a kid again, hopeful about the future. We’ve had to overcome many obstacles to be together, but I’d choose her in every lifetime. I was sick with a long-term health condition when we met, and hanging out with Sophia really helped me with my recovery after my surgery.

Bella Sayegh

Being a lesbian is one of the most beautiful things in the world. To be authentically yourself in resistance and joy is so special within the lesbian community.

Parker Wales

When I met Liv, I finally understood why almost every song is about love.

Gillian Kilgour

There is no connection quite as perfect as between lesbians, no one sees me like my lesbians do.

Chyna Price

There’s many things I love about being a lesbian. But here are my top three:

  1. There’s just a deeper understanding when it comes to being loved by another woman.
  2. The next one would be the sense of community, especially being a POC masculine-presenting lesbian. I don’t feel like I’m cosplaying as someone else like I felt like I was doing before I came out.
  3. There’s so much history going back to the 1800s on how we found and fought for our love. That fight makes me proud because it shows me … that we’ve [found] ways to express our love even when it was misunderstood, illegal and deemed as madness.

Hope Pisoni

Before I knew I was a lesbian, romantic relationships seemed suffocating — it felt like everyone would expect me to act my part in the meticulous performance that is heterosexuality. But meeting my spouse and discovering our identities together showed me just how freeing it could be to love without a script to follow.

Leital Molad

It was the joy of watching the New York Sirens defeat the Toronto Sceptres at our first professional women’s hockey game — surrounded by hundreds (maybe thousands?) of cheering lesbians.

Angela Earl

I spent years building a life that looked right. But I never felt settled, and eventually I started asking what would actually make me happy. Coming out was about more than who I love, it was letting go of everything I was told to be. The last few years have felt like coming home to a life that had been waiting for me.

Tali Bray

What I love about being a lesbian is what I love about being in love … the wonder and joy of “oh, this is what it’s supposed to feel like.” I love moving through the world with women.

Izzy Stokes

I didn’t fall in love until I realized that queerness was an option. My queer friends have helped me see so much more than I grew up seeing. I’m so proud of us, and I’m so grateful for my lesbian community.

Nandika Chatterjee

When I met my fiancée is when I started to feel most like myself. That meant loving myself for who I am and embracing my identity as a lesbian. I felt free in a way I have never before. That’s the long and short of it.

Liz Lucking

The love and joy of being a lesbian is getting to live the life I dreamed of but never thought I would get to have!

Reflections

As I read these beautiful entries, it’s not lost on me that we’re still living in a world where lesbians are more likely to struggle with maternity problemsfetishization, and compulsory heterosexuality — not to mention the intersectional pressures of racism from both inside and outside the queer community. That’s part of why, according to a 2024 survey, 22 percent of LGBTQ women have attempted suicide, and 66 percent have sought treatment for trauma.

So if you are a lesbian who isn’t out or doesn’t feel safe, I hope you read this and can glean some hope from these messages. So when you look in the mirror, you know that it’s okay to release the weight — which can feel so heavy — of a heteronormative world.

We still have a long fight until all lesbians can feel safe to be themselves, but this is a community that does not back away from the tough, from the joy, from being loud and from all the other things that it takes to start a small revolution.

Hell yeah, lesbians! Here’s to you.

*I am signing off with my cat on my lap and a pride flag over my head <3.

Continue Reading

Popular