National
Hawaii court upholds same-sex marriage ban
Judge cites interest in procreation as reason to ban marriage equality
A federal district court in Hawaii has upheld the state’s constitutional ban on same-sex marriage in a ruling that stands in stark contrast to recent multiple decisions that have struck down the Defense of Marriage Act and Proposition 8.
In the 120-page ruling, U.S. District Judge Alan Kay determined the Aloha State’s ban on same-sex marriage is constitutional because Hawaii has a legitimate interest in restricting marriage to straight couples.
“The legislature could rationally speculate that by reserving the name ‘marriage’ to opposite-sex couples, Hawaii’s marriage laws provide special promotion and encouragement to enter into those relationships advancing societal interests while the civil unions laws protect the individual interests of same-sex couples,” Kay writes. “In the absence of a suspect or quasi-suspect classification or a restriction on a fundamental right, the Fourteenth Amendment does not require Hawaii to endorse all intimate relationships on identical terms.”
The lawsuit, known as Jackson v. Abercrombie, was filed in December by D’Amato and Maloney, LLP, a Honolulu-based firm, on behalf of three plaintiffs: Natasha Jackson and Janin Kleid, two women in a same-sex relationship, and Gary Bradley, who’s in a civil union with his male partner.
Kay lays out numerous reasons for upholding the ban, including the idea that limiting marriage to opposite-sex couples ensures procreation and promotes the ideal family situation of having a mother and father. Additionally, Kay rules that to “constitutionalize” the issue in the courts would interfere with the process taking place in the legislature.
“Nationwide, citizens are engaged in a robust debate over this divisive social issue,” Kay writes. “If the traditional institution of marriage is to be restructured, as sought by Plaintiffs, it should be done by a democratically-elected legislature or the people through a constitutional amendment, not through judicial legislation that would inappropriately preempt democratic deliberation regarding whether or not to authorize same-sex marriage.”
An appointee of former President Reagan, Kay draws on the case of Baker v. Nelson, the 1972 marriage case that the Supreme Court declined to hear for want of federal questions, as a reason to uphold the ban, but declines to incorporate rulings against California’s Proposition 8 in the case of Perry v. Brown in his determination.
The decision upholding a state’s marriage ban is relatively unique amid a string of victories against California’s Proposition 8 and DOMA. Within the course of three years, a district court and an appeals court have ruled against California’s marriage ban, while five district courts, one appeals court and one bankruptcy court have ruled against DOMA.
Douglas NeJaime, who’s gay and a professor at Loyola Law School, said the constitutionality of DOMA and the federal constitutionality of Hawaii’s prohibition on same-sex marriage present materially different questions, but acknowledged the court notably departs from recent rulings by finding that Baker v. Nelson governs and by accepting arguments rooted in procreation.
“The other notable thing is that the court takes the Ninth Circuit at its word when it said that Perry applies only to the specific and unique situation of California, such that — as opposed to what many have been suggesting, including social-conservative activists – the Perry decision did not necessarily decide the issue for states like Hawaii, Washington, Oregon and Nevada,” NeJaime said.
The ruling comes in a state that arguably is the birthplace of the modern movement for same-sex marriage. In early 1993, the Hawaii Supreme Court ruled that refusing to grant same-sex couples marriage licenses is discriminatory. Backlash followed, including the passage of a voter referendum in 1998 allowing the state legislature to constitutionally ban same-sex marriage. The events in Hawaii also were an impetus for passage of the Defense of Marriage Act of 1996.
Still, Hawaii has seen recent movement granting legal recognition to same-sex couples. Gov. Neil Abercrombie (D) signed civil unions legislation into law last year. Further, he announced in February he wouldn’t defend the same-sex marriage ban in court, while Health Director Loretta Fuddy said she’d continue defending the amendment.
An anti-gay group was happy with the decision. Dale Schowengerdt, legal counsel for Alliance Defending Freedom, which took up defense of the marriage ban after Abercrombie declined to defend it, praised the ruling.
“This ruling affirms that protecting and strengthening marriage as the union of one man and one woman is legitimate, reasonable, and good for society,” Schowengerdt said. “The people of Hawaii adopted a constitutional amendment to uphold marriage, and the court rightly concluded that the democratic process shouldn’t be short-circuited by judicial decree.”
But proponents of the lawsuit said they were eagerly awaiting an appeal in the case.
John D’Amato, partner and co-founder D’Amato and Maloney, said he’s “disappointed” in the ruling and plans to appeal. The court that would have jurisdiction for appeal would be the U.S. Ninth Circuit Court of Appeals, which has already ruled against California’s same-sex marriage ban.
“The judge basically found in every conceivable point for defendants in the case, including on arguments that we find personally objectionable, which is that it’s OK to treat same-sex couples as second-class citizens because they make second-rate parents,” D’Amato said. “He didn’t need to reach that issue, and the fact that he did, we find, frankly, appalling.”
Following the ruling, Abercrombie issued a statement saying he’d back an appeal.
“I respectfully disagree and will join the Plaintiffs if they appeal this decision,” Abercrombie said. “To refuse individuals the right to marry on the basis of sexual orientation or gender is discrimination in light of our civil unions law. For me this is about fairness and equality.”
Donald Bentz, executive director of Equality Hawaii, said the court ruling against marriage equality was expected given “this particular judge’s temperament,” but added he’s eagerly awaiting an appeal in the case.
“Judge Kay cited a 40-year-old case and antiquated beliefs such as straights make better parents and marriage is for breeding children,” Bentz said. “The flawed and out-of-date logic begs for an appeal, which we are eagerly awaiting. This is not a set-back, but an anticipated speed bump. The question is still ‘when will marriage equality will come to Hawaii?,’ not ‘if.'”
A Wider Bridge on Friday announced it will shut down at the end of the month.
The group that “mobilizes the LGBTQ community to fight antisemitism and support Israel and its LGBTQ community” in a letter to supporters said financial challenges prompted the decision.
“After 15 years of building bridges between LGBTQ communities in North America and Israel, A Wider Bridge has made the difficult decision to wind down operations as of Dec. 31, 2025,” it reads.
“This decision comes after challenging financial realities despite our best efforts to secure sustainable funding. We deeply appreciate our supporters and partners who made this work possible.”
Arthur Slepian founded A Wider Bridge in 2010.
The organization in 2016 organized a reception at the National LGBTQ Task Force’s Creating Change Conference in Chicago that was to have featured to Israeli activists. More than 200 people who protested against A Wider Bridge forced the event’s cancellation.
A Wider Bridge in 2024 urged the Capital Pride Alliance and other Pride organizers to ensure Jewish people can safely participate in their events in response to an increase in antisemitic attacks after Hamas militants attacked Israel on Oct. 7, 2023.
The Jewish Telegraphic Agency reported authorities in Vermont late last year charged Ethan Felson, who was A Wider Bridge’s then-executive director, with lewd and lascivious conduct after alleged sexual misconduct against a museum employee. Rabbi Denise Eger succeeded Felson as A Wider Bridge’s interim executive director.
A Wider Bridge in June honored U.S. Rep. Debbie Wasserman Schultz (D-Fla.) at its Pride event that took place at the Capital Jewish Museum in D.C. The event took place 15 days after a gunman killed two Israeli Embassy employees — Yaron Lischinsky and Sarah Milgrim — as they were leaving an event at the museum.
“Though we are winding down, this is not a time to back down. We recognize the deep importance of our mission and work amid attacks on Jewish people and LGBTQ people – and LGBTQ Jews at the intersection,” said A Wider Bridge in its letter. “Our board members remain committed to showing up in their individual capacities to represent queer Jews across diverse spaces — and we know our partners and supporters will continue to do the same.”
Editor’s note: Washington Blade International News Editor Michael K. Lavers traveled to Israel and Palestine with A Wider Bridge in 2016.
The White House
‘Trump Rx’ plan includes sharp cuts to HIV drug prices
President made announcement on Friday
President Donald Trump met with leaders from some of the world’s largest pharmaceutical companies at the White House on Friday to announce his new “Trump Rx” plan and outline efforts to reduce medication costs for Americans.
During the roughly 47-minute meeting in the Roosevelt Room, Trump detailed his administration’s efforts to cut prescription drug prices and make medications more affordable for U.S. patients.
“Starting next year, American drug prices will come down fast, furious, and will soon be among the lowest in the developed world,” Trump said during the meeting. “For decades, Americans have been forced to pay the highest prices in the world for prescription drugs by far … We will get the lowest price of anyone in the world.”
Trump signed an executive order in May directing his administration “to do everything in its power to slash prescription drug prices for Americans while getting other countries to pay more.”
“This represents the greatest victory for patient affordability in the history of American health care, by far, and every single American will benefit,” he added.
Several pharmaceutical executives stood behind the president during the announcement, including Sanofi CEO Paul Hudson, Novartis CEO Vas Narasimhan, Genentech CEO Ashley Magargee, Boehringer Ingelheim (USA) CEO Jean-Michel Boers, Gilead Sciences CEO Dan O’Day, Bristol Myers Squibb General Counsel Cari Gallman, GSK CEO Emma Walmsley, Merck CEO Robert Davis, and Amgen Executive Vice President Peter Griffith.
Also in attendance were Health and Human Services Secretary Robert F. Kennedy Jr., Commerce Secretary Howard Lutnick, Centers for Medicare and Medicaid Services Administrator Mehmet Oz, and Food and Drug Administration Commissioner Marty Makary.
Under the Trump Rx plan, the administration outlined a series of proposed drug price changes across multiple companies and therapeutic areas. Among them were reductions for Amgen’s cholesterol-lowering drug repatha from $573 to $239; Bristol Myers Squibb’s HIV medication reyataz from $1,449 to $217; Boehringer Ingelheim’s type 2 diabetes medication jentadueto from $525 to $55; Genentech’s flu medication xofluza from $168 to $50; and Gilead Sciences’ hepatitis C medication epclusa from $24,920 to $2,425.
Additional reductions included several GSK inhalers — such as the asthma inhaler advair diskus 500/50, from $265 to $89 — Merck’s diabetes medication januvia from $330 to $100, Novartis’ multiple sclerosis medication mayzent from $9,987 to $1,137, and Sanofi’s blood thinner plavix from $756 to $16. Sanofi insulin products would also be capped at $35 per month’s supply.
These prices, however, would only be available to patients who purchase medications directly through TrumpRx. According to the program’s website, TrumpRx “connects patients directly with the best prices, increasing transparency, and cutting out costly third-party markups.”
Kennedy spoke after Trump, thanking the president for efforts to lower pharmaceutical costs in the U.S., where evidence has shown that drug prices — including both brand-name and generic medications — are nearly 2.78 times higher than prices in comparable countries. According to the Pharmaceutical Research and Manufacturers of America, roughly half of every dollar spent on brand-name drugs goes to entities that play no role in their research, development, or manufacturing.
“This is affordability in action,” Kennedy said. “We are reversing that trend and making sure that Americans can afford to get the life-saving solutions.”
Gilead CEO Dan O’Day also spoke about how the restructuring of drug costs under TrumpRx, combined with emerging technologies, could help reduce HIV transmission — a virus that, if untreated, can progress to AIDS. The LGBTQ community remains disproportionately affected by HIV.
“Thank you, Mr. President — you and the administration,” O’Day said. “I think this objective of achieving the commitment to affordability and future innovation is extraordinary … We just recently launched a new medicine that’s only given twice a year to prevent HIV, and we’re working with Secretary Kennedy and his entire team, as well as the State Department, as a part of your strategy to support ending the epidemic during your term.
“I’ve never been more optimistic about the innovation that exists across these companies and the impact this could have on America’s health and economy,” he added.
Trump interjected, asking, “And that’s working well with HIV?”
“Yes,” O’Day replied.
“It’s a big event,” Trump said.
“It literally prevents HIV almost 100 percent given twice a year,” O’Day responded.
A similar anti-HIV medication is currently prescribed more than injectable form mentioned by O’Day. PrEP, is a medication regimen proven to significantly reduce HIV infection rates for people at high risk. Without insurance, brand-name Truvada can cost roughly $2,000 per month, while a generic version costs about $60 per month.
Even when medication prices are reduced, PrEP access carries additional costs, including clinic and laboratory fees, office visits, required HIV and sexually transmitted infection testing, adherence services and counseling, and outreach to potentially eligible patients and providers.
According to a 2022 study, the annual total cost per person for PrEP — including medication and required clinical and laboratory monitoring — is approximately $12,000 to $13,000 per year.
The TrumpRx federal platform website is now live at TrumpRx.gov, but the program is not slated to begin offering reduced drug prices until January.
The White House
EXCLUSIVE: Democracy Forward files FOIA lawsuit after HHS deadnames Rachel Levine
Trans former assistant health secretary’s name changed on official portrait
Democracy Forward, a national legal organization that works to advance democracy and social progress through litigation, policy and public education, and regulatory engagement, filed a lawsuit Friday in federal court seeking to compel the U.S. Department of Health and Human Services to release information related to the alteration of former Assistant Secretary for Health Adm. Rachel Levine’s official portrait caption.
The lawsuit comes in response to the slow pace of HHS’s handling of multiple Freedom of Information Act requests — requests that federal law requires agencies to respond to within 20 working days. While responses can take longer due to backlogs, high request volumes, or the need for extensive searches or consultations, Democracy Forward says HHS has failed to provide any substantive response.
Democracy Forward’s four unanswered FOIA requests, and the subsequent lawsuit against HHS, come days after someone in the Trump-Vance administration changed Levine’s official portrait in the Hubert H. Humphrey Building to display her deadname — the name she used before transitioning and has not used since 2011.
According to Democracy Forward, HHS “refused to release any records related to its morally wrong and offensive effort to alter former Assistant Secretary for Health Admiral Rachel Levine’s official portrait caption.” Levine was the highest-ranking openly transgender government official in U.S. history and served as assistant secretary for health and as an admiral in the U.S. Public Health Service Commissioned Corps from 2021 to 2025.
Democracy Forward President Skye Perryman spoke about the need to hold the Trump-Vance administration accountable for every official action, especially those that harm some of the most targeted Americans, including trans people.
“The question every American should be asking remains: what is the Trump-Vance administration hiding? For an administration that touts its anti-transgender animus and behavior so publicly, its stonewalling and silence when it comes to the people’s right to see public records about who was behind this decision is deafening,” Perryman said.
“The government’s obligation of transparency doesn’t disappear because the information sought relates to a trailblazing former federal official who is transgender. It’s not complicated — the public is entitled to know who is making decisions — especially decisions that seek to alter facts and reality, erase the identity of a person, and affect the nation’s commitment to civil rights and human dignity.”
“HHS’s refusal to respond to these lawful requests raises more serious concerns about transparency and accountability,” Perryman added. “The public has every right to demand answers — to know who is behind this hateful act — and we are going to court to get them.”
The lawsuit also raises questions about whether the alteration violated federal accuracy and privacy requirements governing Levine’s name, and whether the agency improperly classified the change as an “excepted activity” during a lapse in appropriations. By failing to make any determination or produce any records, Democracy Forward argues, HHS has violated its obligations under federal law.
The case, Democracy Forward Foundation v. U.S. Department of Health and Human Services, was filed in the U.S. District Court for the District of Columbia. The legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston.
The Washington Blade reached out to HHS, but has not received any comment.
The lawsuit and four FOIA requests are below:
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