National
Republicans argue DOJ can’t litigate against DOMA
Boehner group asserts Obama admin got what it wanted from lower court ruling

Former U.S. solicitor general Paul Clement argues DOJ lacks standing in his latest DOMA brief .(Public domain photo)
Attorneys representing House Republicans in litigation against the Defense of Marriage Act before the Supreme Court are asserting that the Justice Department lacks standing to participate in the lawsuit.
The Bipartisan Legal Advisory Group, under the direction of U.S. House Speaker John Boehner, makes the argument in a 38-page brief filed on Friday in response to the court’s jurisdictional questions on standing in the challenge to Section 3 of DOMA, known as Windsor v. United States.
BLAG argues the Justice Department lacks standing because the Obama administration received the result it wanted from lower courts — including the U.S. Second Circuit Court of Appeals — striking down DOMA.
“It obtained the precise relief it believed was appropriate based on the precise theory (heightened scrutiny) it advocated,” the brief states. “The executive can fare no better before this Court. While this Court’s affirmance would have a greater precedential impact, the executive cannot ground its appellate standing on a desire for an opinion with the identical effect on this case and controversy, but a broader precedential scope for other cases.”
The brief is signed by private attorney Paul Clement, a former U.S. solicitor general hired at $520 an hour to defend DOMA, and House General Counsel Kerry Kircher, among other lawyers.
But BLAG contends the court can nonetheless hear the case because it has standing to defend DOMA now that the Obama administration has declined to continue defending it.
“Indeed, without the House’s participation, it is hard to see how there is any case or controversy here at all,” the brief states. “Both Ms. Windsor and the executive agree that DOMA is unconstitutional and that Ms. Windsor was entitled to a refund. And the lower courts granted them all the relief they requested. Only the House’s intervention provides the adverseness that Article III demands.”
The Obama administratio discontinued defense of DOMA in court in February 2011 and since that time has filed briefs against the anti-gay law and litigated against it in oral arguments. House Republicans have taken up defense of the law in the administration’s stead following a 3-2 party line in BLAG.
In the brief, the committee also invokes as a source of its standing the rules passed at the start of the 113th Congress by the Republican-controlled House giving authority to the committee to speak for the House against DOMA. The rules were approved by a vote of 228-196.
Notably, the brief in a footnote asserts the House Democrats also believe that BLAG has standing to defend DOMA, even though they oppose House Republican intervention in the lawsuit.
“While the Democratic Leader and the Democratic Whip have declined to support the position taken by the Group on the merits of DOMA Section 3’s constitutionality in this and other cases, they support the Group’s Article III standing,” the brief states.
Drew Hammill, a spokesperson for House Minority Leader Nancy Pelosi (D-Calif.), said the case against DOMA should indeed proceed on the merits regardless of who has standing in the lawsuit.
“We believe that the case should proceed to the merits, regardless of who has standing, and that the Supreme Court should rule DOMA unconstitutional once and for all,” Hammill said.
The BLAG brief was but one that was filed on Friday in response to jurisdictional questions in the DOMA case. In another 39-page brief, the ACLU asserts that the Supreme Court has standing to hear the case because a “controversy” remains in the case; existing law and appellate practice affirm the court has jurisdiction; and practice concerns favor the court exercising jurisdiction.
“[L]eaving DOMA’s constitutionality to the courts of appeals poses its own set of problems for married gay couples,” the brief states. “It may well take years for ‘a uniform rule’ to emerge. … And absent this Court’s intervention, uniformity may never come. In the meantime, married gay couples will continue to be denied equality under the law and essential government benefits that all other married couples can depend on.”
The ACLU also veers away from a position on whether BLAG has standing in the case — saying it at most can be an intervenor or have “piggyback” standing in the lawsuit — but maintains the court has jurisdiction to hear the case regardless of whether BLAG has standing.
“Whether BLAG would have had independent Article III standing if the United States had not petitioned for certiorari is a counterfactual question that this Court need not answer,” the brief states. “Indeed, because of controlling Second Circuit precedent, neither court below found it necessary to resolve the nature of BLAG’s standing.”
The brief is signed by attorneys that include private attorney Roberta Kaplan, who’s slated to deliver oral arguments against DOMA before the Supreme Court on March 27, as well as James Esseks, director of the ACLU’s LGBT Project.
The court hired Vicki Jackson, a Harvard law professor, to argue that neither the Justice Department nor BLAG have standing to participate in the DOMA case. In a brief filed last month, she contended the Supreme Court doesn’t have jurisdiction to hear the case.
The Justice Department was due on Friday to file its own brief on the jurisdictional questions presented by the court and another brief on the constitutionality. The brief wasn’t available as of this posting.
After those briefs, the next step in the lawsuit is for the ACLU to file its brief on the merits against the constitutionality of DOMA, which is due on Tuesday. Oral arguments in the DOMA case are set for March 27.
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.
President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”
The White House only recognizes two genders: male and female.
The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.
A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.
A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)
“This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”
Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.
The Supreme Court ruling is here.
The White House
Political leaders, activists reflect on Dick Cheney’s passing
Former VP died on Monday at 84
Dick Cheney, the 46th vice president of the United States who served under President George W. Bush, passed away on Monday at the age of 84. His family announced Tuesday morning that the cause was complications from pneumonia and cardiac and vascular disease.
Cheney, one of the most powerful and influential figures in American politics over the past century, held a long and consequential career in public service. He previously served as White House chief of staff for President Gerald Ford, as the U.S. representative for Wyoming’s at-large congressional district from 1979-1989, and briefly as House minority whip in 1989.
He later served as secretary of defense under President George H.W. Bush before becoming vice president during the George W. Bush administration, where he played a leading behind-the-scenes role in the response to the Sept. 11 attacks and in coordinating the Global War on Terrorism. Cheney was also an early proponent of the U.S. invasion of Iraq, falsely alleging that Saddam Hussein’s regime possessed weapons of mass destruction and had ties to al-Qaeda.
Cheney’s personal life was not without controversy.
In 2006, he accidentally shot Harry Whittington, a then-78-year-old Texas attorney, during a quail hunt at Armstrong Ranch in Kenedy County, Texas — an incident that became the subject of national attention.
Following his death, tributes and reflections poured in from across the political spectrum.
“I am saddened to learn of the passing of former Vice President Dick Cheney,” former Vice President Kamala Harris posted on X. “Vice President Cheney was a devoted public servant, from the halls of Congress to many positions of leadership in multiple presidential administrations,” she added. “His passing marks the loss of a figure who, with a strong sense of dedication, gave so much of his life to the country he loved.”
Harris was one of the Democrats that the Republican had supported in recent years following Trump’s ascent to the White House.
Former President Joe Biden, who served as former President Obama’s vice president, said on X that “Dick Cheney devoted his life to public service — from representing Wyoming in Congress, to serving as Secretary of Defense, and later as vice president of the United States.”
“While we didn’t agree on much, he believed, as I do, that family is the beginning, middle, and end. Jill and I send our love to his wife Lynne, their daughters Liz and Mary, and all of their grandchildren,” he added.
Human Rights Campaign Senior Vice President of Federal and State Affairs JoDee Winterhof reflected on Cheney’s complicated legacy within the LGBTQ community.
“That someone like Dick Cheney, whose career was rife with anti-LGBTQ+ animus and stained by cruelty, could have publicly changed his mind on marriage equality because of his love for his daughter is a testament to the power and necessity of our stories.”
National
Pelosi won’t seek re-election next year
Longtime LGBTQ ally played key role in early AIDS fight
Rep. Nancy Pelosi, the nation’s first and only female speaker of the U.S. House of Representatives and a lifelong LGBTQ ally, announced Thursday that she will not seek re-election next year, after 38 years in Congress, many of them as House party leader.
“I have truly loved serving as your voice in Congress, and I have always honored the song of St. Francis, ‘Lord make an instrument of thy peace,’ the anthem of our city. That is why I want you, my fellow San Franciscans, to be the first to know. I will not be seeking reelection to Congress,” Pelosi, 85, announced in a video.
Thank you, San Francisco. pic.twitter.com/OP8ubeFzR6
— Nancy Pelosi (@TeamPelosi) November 6, 2025
Pelosi has represented San Francisco in the U.S. House of Representatives since 1987.
Her time in Congress began with the AIDS crisis, and she has kept up the fight ever since, as the Washington Blade reported in an exclusive and wide-ranging 2023 interview conducted just after she left House leadership.
Some excerpts from that interview:
“After committing herself and Congress to the fight against HIV/AIDS during her first speech from the floor of the House in 1987, Pelosi said some of her colleagues asked whether she thought it wise for her feelings on the subject to be “the first thing that people know about you” as a newly elected member.
“They questioned her decision not because they harbored any stigma, but rather for concern over how “others might view my service here,” Pelosi said. The battle against HIV/AIDS, she told them, “is why I came here.”
“It was every single day,” she said.
“Alongside the “big money for research, treatment, and prevention” were other significant legislative accomplishments, such as “when we] were able to get Medicaid to treat HIV [patients] as Medicaid-eligible” rather than requiring them to wait until their disease had progressed to full-blown AIDS to qualify for coverage, said Pelosi, who authored the legislation.
“That was a very big deal for two reasons,” she said. First, because it saved lives by allowing low-income Americans living with HIV to begin treatment before the condition becomes life-threatening, and second, because “it was the recognition that we had this responsibility to intervene early.”
“Other milestones in which Pelosi had a hand include the Housing Opportunities for People with AIDS program, President Bush’s PEPFAR (President’s Emergency Plan For AIDS Relief) initiative, the Affordable Care Act (which contains significant benefits for Americans living with HIV/AIDS), and funding for the Ending the Epidemic initiative.
“Outside the U.S. Capitol building, Pelosi has also been celebrated by the LGBTQ community for signaling her support through, for example, her participation in some of the earliest meetings of the NAMES Project AIDS Memorial Quilt, her meeting with the survivors of the 2016 Pulse nightclub massacre, and her appearance at a host of LGBTQ events over the years.
“Of course, at the same time, Pelosi has been a constant target of attacks from the right, which in the past few years have become increasingly violent. During the siege of the Capitol on Jan. 6, 2021, her office was ransacked by insurrectionists who shouted violent threats against her. A couple of weeks later, unearthed social media posts by far-right Rep. Marjorie Taylor Greene (Ga.) revealed she had signaled support for executing Pelosi along with other prominent House Democrats. And last October, the speaker’s husband Paul Pelosi suffered critical injuries after he was attacked by a man wielding a hammer who had broken into the couple’s San Francisco home.
“Pelosi told CNN last week that her husband is “doing OK,” but expects it will “take a little while for him to be back to normal.”
“Among her fans in progressive circles, Pelosi – who has been a towering figure in American politics since the Bush administration – has become something of a cultural icon, as well. For instance, the image of her clapping after Trump’s State of the Union speech in 2019 has been emblazoned on coffee mugs.
“What is so funny about it,” Pelosi said, is rather than “that work [over] all these years as a legislator,” on matters including the “Affordable Care Act, millions of people getting health care, what we did over the years with HIV/AIDS in terms of legislation, this or that,” people instead have made much ado over her manner of clapping after Trump’s speech. And while the move was widely seen as antagonistic, Pelosi insisted, “it was not intended to be a negative thing.”
“Regardless, she said, “it’s nice to have some fun about it, because you’re putting up with the criticism all the time – on issues, whether it’s about LGBTQ, or being a woman, or being from San Francisco, or whatever it is.”
Human Rights Campaign President Kelley Robinson in a statement said there “will never be another Nancy Pelosi.”
“Throughout her career, Speaker Emerita Pelosi has remained a tireless champion for LGBTQ+ equality and worked alongside LGBTQ+ advocates to pass historic legislation that expanded access to health care, protected marriage equality, honored Matthew Shepard with federal hate crimes protections and ended ‘Don’t Ask, Don’t Tell,’” said Robinson. “Her steel spine, allyship and keen insight have served as powerful tools in our shared fight for progress and we are grateful for her unwavering commitment to our community.”
House Minority Leader Hakeem Jeffries (D-N.Y.) described Pelosi as an “iconic, heroic, trailblazing, legendary, and transformational leader” who is “the greatest speaker of all time.” President Donald Trump, for his part, told Peter Doocy that Pelosi’s retirement “is a great thing for America.”
“She was evil, corrupt, and only focused on bad things for our country. She was rapidly losing control of her party, and it was never coming back,” said Trump. “I’m very honored that she impeached me twice and failed miserably twice. Nancy Pelosi is a highly overrated politician.”
Gay California Congressman Mark Takano in a statement said he will “miss” Pelosi “immensely.”
“At a time of extraordinary challenge and change, her leadership has been a constant,” said Takano. “She has guided our caucus and our country through some of our hardest moments. But her legacy reaches far beyond the landmark legislation she passed. It lives in the people she mentored, the values she imparted, and the example she set for every person who believes that politics can still be a force for good.”
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