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House approves rules affirming commitment to DOMA

Language gives authority for BLAG to defend anti-gay law

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John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade
John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade

U.S. House Speaker, John Boehner (Washington Blade file photo by Michael Key)

As one of its first acts of the 113th Congress, the U.S. House on Thursday approved a set of governing rules that includes language authorizing the Bipartisan Legal Advisory Group to defend the Defense of Marriage Act against litigation in court.

By a vote of 228-196, the House voted in favor of a 23-page long resolution giving authority to the BLAG, a five-member Republican-controlled House panel which has taken up defense of DOMA since the administration stopped defending the law. The resolution allows BLAG to intervene in other cases challenging DOMA and gives authority for BLAG to speak for the House before the Supreme Court.

Michael Steel, a spokesperson for House Speaker John Boehner (R-Ohio), said the House approved the rules because Republicans believe DOMA’s constitutionality should be decided by the courts.

“We continue to believe the constitutionality of the law should be judged by the court, not the president unilaterally — and will provide the resources needed to protect our system of checks and balances,” Steel said.

Drew Hammill, a spokesperson for House Minority Leader Nancy Pelosi (D-Calif.), lambasted Republicans over the language and continued use of taxpayer dollars to defend DOMA, which prohibits federal recognition of same-sex marriage.

“House Republicans will send a clear message to LGBT families: their fiscal responsibility mantra does not extend to their efforts to stand firmly on the wrong side of the future,” Hammill said. “Republicans will take the extraordinary measure of including an authorization of their efforts to defend DOMA in the Rules of the House of Representatives and by doing so, continue to spend taxpayer funds, already adding up to $1.7 million, in their attempts to defend this shameful law in federal courts and the Supreme Court.”

Hammill took particular issue with language in the resolution saying BLAG speaks for the entire the chamber. As BLAG has defended DOMA, House Democrats have filed numerous friend-of-the-court briefs asserting the anti-gay law is unconstitutional.

In September, House Republicans signed a new agreement with former U.S. solicitor general Paul Clement to defend DOMA on behalf on BLAG. The contract, which wasn’t revealed under after Election Day, raises the cost cap to defend DOMA to $2 million.

In a joint statement, House LGBT Equality Caucus Members Jerrold Nadler (D-N.Y.), John Conyers (D-Mich.), Jared Polis (D-Colo), David Cicilline (D-R.I.), and newly sworn-in openly gay members of the U.S. House Sean Patrick Maloney (D-N.Y.), Mark Pocan (D-Wis.), and Mark Takano (D-Calif.) denounced the move by House Republicans.

“It has been 16 years since Congress enacted DOMA, and the arguments being made to defend the law do not withstand the test of time or scrutiny,” the lawmakers said. “At a time when families are struggling to make ends meet and asking Congress to focus on jobs and the economy, all Members should object to the use of taxpayer dollars to pay costly legal fees to make arguments that lack adequate factual or legal support, in pursuit of a law that is not worthy of a defense.”

Among the Republicans who voted in favor of the rules were the two GOP co-sponsors of the Respect for Marriage Act, legislation to repeal DOMA: Reps. Ileana Ros-Lehtinen (R-Fla.) and Richard Hanna (R-N.Y.). Only one Republican, Rep. Walter Jones (R-N.C.) joined Democrats in opposing the rules.

The language is new and marks the first the entire House chamber has voted in favor of giving authority to BLAG. The panel wasn’t operating under the language in the previous Congress. The House approved the language not only at a time when the Supreme Court is considering a litigation challenging DOMA, Windsor v. United States, but also when the court is asking parties for briefs on whether BLAG has standing to defend the statute.

The language in the rules related to BLAG follows:

(1) CONTINUING AUTHORITY FOR THE BIPARTISAN LEGAL ADVISORY GROUP.—
(A) The House authorizes the Bipartisan Legal Advisory Group of the 113th Congress—
(i) to act as successor in interest to the Bipartisan Legal Advisory Group of the 112th Congress with respect to civil actions in which it intervened in the 112th Congress to defend the constitutionality of section 3 of the Defense of Marriage Act (1 U.S.C. 7) or related provisions of titles 10, 31, and 38, United States Code, in- cluding in the case of Windsor v. United States, 833 F. Supp.2d 394 (S.D.N.Y. June 6, 2012), aff’d, 699 F.3d 169 (2d Cir. Oct. 18, 2012), cert. granted, No. 12– 307 (Dec. 7, 2012), cert. pending No. 12– 63 (July 16, 2012) and 12-ll (Dec.ll2012);
(ii) to take such steps as may be appropriate to ensure continuation of such civil actions; and
(iii) to intervene in other cases that involve a challenge to the constitutionality of section 3 of the Defense of Marriage Act or related provisions of titles 10, 31, and 38, United States Code.
(B) Pursuant to clause 8 of rule II, the Bipartisan Legal Advisory Group continues to speak for, and articulate the institutional position of, the House in all litigation matters in which it appears, including in Windsor v. United States.

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2026 Midterm Elections

Chris Pappas wins NH Democratic Senate primary

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

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U.S. Rep. Chris Pappas (D-N.H.) speaks at the LGBTQ+ Victory Fund's 2025 National Champagne Brunch in D.C. (Washington Blade photo by Michael Key)

New Hampshire Congressman Chris Pappas on Tuesday won the Democratic primary in the race to succeed retiring U.S. Sen. Jeanne Shaheen (D-N.H.) in the U.S. Senate.

Pappas defeated Karishma Manzur, who was his primary challenger, by a 61.8-36.1 percent margin.

The gay congressman will face off against former U.S. Sen. John E. Sununu, who defeated former U.S. Sen. Scott Brown in the Republican primary.

“Tonight’s victory sends a clear message that voters are looking for leaders who will fight for their rights, their freedoms, and to be treated with dignity and respect,” said Human Rights Campaign President Kelley Robinson in a statement. 

She campaigned for Pappas in Manchester, New Hampshire’s largest city, on Aug. 30.

“Chris Pappas has delivered results, stood up for equality, and showed up for the people he serves,” said Robinson in her statement. “HRC was proud to mobilize Equality Voters across New Hampshire to help power this win. We don’t have a second to waste between now and November. We look forward to continuing our work with Rep. Pappas as he drives toward victory in November so he can help return a pro-equality majority to the United States Senate.”

poll the University of New Hampshire Survey Center released on Aug. 26 showed Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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Georgia

Everton Blair makes history as first openly gay congressman from Ga.

Former Gwinnett County Board of Education member to serve remainder of David Scott’s term

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Everton Blair, Jr. (Photo courtesy of Blair's campaign website.)

Georgia made history last week when Everton Blair, Jr., was sworn into the U.S. House of Representatives, becoming the state’s first openly LGBTQ member of Congress and the latest LGBTQ addition to the chamber.

Blair, who represents Georgia’s 13th Congressional District, was sworn in on Sept. 1 after winning a special election to fill the vacancy left by the late-Congressman David Scott. Blair defeated Marcye Scott, the late congressman’s daughter, in the Aug. 25 runoff, winning 53.2 percent of the vote to Scott’s 46.8 percent.

He will serve the remainder of Scott’s term through Jan. 3, 2027. Blair is not running in the November general election for a full term.

Blair brings a progressive platform to Congress.

The 34 year-old supports Medicare for All, a Green New Deal, raising the minimum wage, and universal gun background checks. His campaign platform also included positions on LGBTQ rights, reproductive freedom, workers’ rights, climate, and gun violence.

Since joining the House, Blair has joined the Congressional Black Caucus and Congressional Progressive Caucus. He is also a co-chair of the Congressional Equality Caucus.

Before joining the House, Blair served on the Gwinnett County Board of Education, where he became the first Black member and youngest-ever member elected to the board, as well as its first openly gay member. He was later unanimously selected as chair.

Blair also served as a fellow in President Barack Obama’s White House Initiative on Educational Excellence that focused on improving academic outcomes and expanding opportunities for minority students.

The son of Jamaican immigrants, Blair was born and raised in Georgia’s 13th Congressional District. He earned a bachelor’s degree in applied mathematics from Harvard University, a master’s degree in policy, organization, and leadership from Stanford University, and a Doctor of Education Leadership degree from Harvard.

Blair’s campaign received endorsements from a number of organizations, including the LGBTQ+ Victory Fund and progressive Democratic groups such as Future Democrats.

The Equality PAC, a political action committee dedicated to electing openly LGBTQ candidates to office, celebrated Blair’s victory and provided a statement to the Washington Blade about the historic nature of his election.

“This is a historic election for Georgia, the South, and our entire country,” Equality PAC said in an email. “Everton Blair brings a strong record of public service and a deep commitment to making government work for working families.”

The group said Blair would “fight to lower costs, expand access to quality health care, create economic opportunity, and ensure every community has a voice in Washington.”

“At the same time, Everton understands the importance of standing up for equality and defending the rights and freedoms of LGBTQ Americans and every community facing discrimination,” Equality PAC said. “His historic election as Georgia’s first openly LGBTQ Member of Congress and the first openly LGBTQ man elected from the South is a powerful reminder of how far our country has come — and how much work remains.”

Equality PAC said it was “proud to welcome Everton to the House” and looked forward to working with him.

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U.S. Military/Pentagon

Pentagon expands testosterone screening as trans troops face hormone therapy restrictions

Defense Department says updated guidelines to be issued shortly

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Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

The Pentagon has announced that new clinical guidance will be released establishing mandatory testosterone deficiency screening for active-duty and reserve cisgender male service members ages 30 and older, advancing a policy that expands hormone-related care for cisgender troops.

The Defense Department said the existing clinical guidelines, which are not currently available on the Defense Health Agency’s website, are being updated and that the final guidance will be issued shortly.

The announcement comes amid a wave of anti-transgender policies from both the DoD and the Trump-Vance administration, which continue to prohibit trans men from receiving the same treatment.

Under the forthcoming guidance, men ages 30 and older will be forced to undergo testosterone blood tests as part of their medical care. Younger male service members will be tested if they request screening or if clinicians identify warning signs of low testosterone.

The new guidelines formalize a screening program Defense Secretary Pete Hegseth announced in July, when he said the Pentagon would begin testing service members to ensure that “you have the right testosterone levels to operate at your absolute best.”

“Taking care of your long-term health means ensuring you remain strong, resilient, and capable — not just for your next deployment, but for the rest of your life, so you can thrive long after you take off the uniform,” Hegseth said at the time.

The Defense Health Agency’s clinical guidance says the program is intended to address “hormonal and energy-availability issues.” Hegseth said in July that testosterone replacement therapy would remain voluntary for service members if treatment is recommended.

The Food and Drug Administration is also scheduled to hold a meeting later this month with experts to discuss the medical use of testosterone.

The Pentagon’s push to routinely test testosterone levels runs counter to current medical guidance, which generally recommends considering testosterone therapy only for men who have symptoms consistent with low testosterone and have documented low hormone levels on two separate blood tests.

Testosterone is a sex hormone naturally produced by people of all sexes. It plays a role in regulating muscle mass, bone density, and sex drive. Testosterone levels in men naturally decline with age and have been associated with symptoms including erectile dysfunction, low libido, mood changes and weight gain, although experts continue to debate when testosterone therapy is medically appropriate.

The policy has drawn scrutiny from LGBTQ advocates because the Pentagon and Hegseth have simultaneously cited hormone therapy as part of the rationale for removing trans service members from the military.

Under President Donald Trump’s 2025 executive order, “Prioritizing Military Excellence and Readiness,” the military has moved to bar trans people diagnosed with gender dysphoria from serving and has begun formal administrative separation proceedings against trans personnel.

The Pentagon continues to pursue implementation of the trans military ban as litigation over the policy proceeds. As a result, some trans service members have had their gender-affirming hormone therapy halted even as the Pentagon expands testosterone screening and potential treatment for cisgender service members.

SPARTA Pride, a nonpartisan nonprofit organization made up of trans service members, veterans and their allies, criticized the disparity to the Washington Blade when Hegseth first announced the screening program.

“If hormone therapy helps warfighters perform at their best, then it cannot simultaneously be used as evidence that transgender service members are unfit to serve,” said Kara Corcoran, executive director of SPARTA Pride. “The same class of evidence-based medical treatment cannot be characterized as readiness-enhancing for one group and readiness-destroying for another.”

On June 1, the U.S. Court of Appeals for the D.C. Circuit ruled that trans service members already serving in the military could continue to do so while allowing the armed services to continue refusing to enlist new trans recruits.

The Blade reached out to the Pentagon when the testosterone screening program was first announced in July, asking why cisgender service members could receive testosterone therapy while transgender service members could not. The Pentagon did not respond.

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