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Prop 8 plaintiffs lead Calif. couples in tying the knot

Ninth Circuit lifts stay on marriage equality; Anti-gay groups cry foul but are dismissed

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Proposition 8, Defense of Marriage Act, same-sex marriage, gay marriage, gay news, Washington Blade, Chad Griffin, Human Rights Campaign, American Foundation for Equal Rights, Paul Katami, Kris Perry, Jeff Zarillo, Sandy Stier, Supreme Court, Hollingsworth v. Perry, Winsor v. U.S.
Attorney General Kamala Harris marries Prop 8 plaintiffs Kris Perry and Sandy Stier (Blade screenshot by Chris Johnson)

Attorney General Kamala Harris marries Prop 8 plaintiffs Kris Perry and Sandy Stier (Blade screenshot by Chris Johnson)

The jubilation following two Supreme Court decisions in favor of marriage equality continued on Friday as plaintiffs in the lawsuit against California’s Proposition 8 became the first in the Golden State to marry after the demise of the ban on same-sex marriage.

The lesbian couple in lawsuit — Kris Perry and Sandra Stier — was first to marry in California and did so at 4:45 pm in a San Francisco City Hall ceremony officiated by California Attorney General Kamala Harris.

Shortly thereafter at 6:15 pm, the gay male couple — Paul Katami and Jeff Zarrillo — married in Los Angeles in a ceremony over which Los Angeles Mayor Antonio Villaraigosa officiated during his last day in office.

During the ceremony for Perry and Stier, Harris noted the long road on which the couple had journeyed since they filed their lawsuit in 2009 to restore marriage equality to California. Their son, Elliott Perry, served as a witness.

“Four years ago, Kris and Sandy embarked upon a journey that most couples do not experience,” Harris said. “By joining the case against Proposition 8, they represented thousands of couples like themselves in the fight for marriage equality.”

San Francisco City Hall stayed open until 8 pm to issue marriage licenses and will reopen from 9 am to 5pm Saturday and Sunday while the city celebrates June as Pride month.

Same-sex weddings resumed in California in the same city hall where nearly a decade ago then-San Francisco Mayor Gavin Newsom jump started the marriage equality movement by handing out marriage licenses to same-sex couples before the court ordered him to stop.

The weddings were able to commence in California thanks to the U.S. Ninth Circuit of Appeals lifting its stay on the injunction that U.S. District Judge Vaughn Walker put in place in 2010 prohibiting the enforcement of Prop 8. The lifting of stay was the consequence of the U.S. Supreme Court determination that anti-gay groups lack standing to defend Prop 8 in court.

In between the ceremonies for lesbian and the gay male couple, the plaintiffs held a conference call with reporters to talk about the jubilation they felt over finally being able to marry. They were joined by Chad Griffin, president of the Human Rights Campaign, and American Foundation for Equal Rights attorney Ted Boutrous.

Griffin said “we are all more American” on the day marriage equality resumed in California and emphasized gay nuptials in the Golden State are here to stay.

“Marriage has finally returned to the great state of California, and no one — no judge, no election and no politician — can take it away,” Griffin said.

Asked by the Washington Blade how it feels to finally be married after the completion of the lawsuit, Perry said she needs to wait until tomorrow for it to register.

“Right now, we feel victorious and thrilled and relieved, really, to be at the end of this long journey, and now finally able to move forward as a regular married couple just like everybody else,” Perry said.

Katami said he doesn’t much more to add as he prepared for his wedding ceremony, but noted the feeling of finally being able to marry was satisfying.

“I can tell you this: equal feels different,” Katami said. “We woke up on Thursday and this morning feeling like full citizens that will be recognized by our state, and recognized by our federal government. And we know that in just a few short minutes, Jeff and I will be able to call each other husband officially.”

In response to a question on whether plaintiffs received any advanced notice that the Ninth Circuit would lift its stay, advocates said on the call they had none but were nonetheless ready to spring into action when it happened.

But amid the excitement, anti-gay forces cried foul over what they said was a breach of protocol by the U.S. Ninth Circuit Court of Appeals in lifting the stay prematurely.

Legal observers had said they had a 25-day waiting period after the Supreme Court ruling in which proponents of Prop 8 could file for reconsideration. Even so, reconsideration is either rarely granted or never happens.

Andrew Pugno, an attorney with ProtectMarriage.com, posted a statement called the lifting of the stay an “outrageous act” and said the resumption of same-sex marriage has been obtained “by illegitimate means.”

“Homosexual marriage is not happening because the people changed their mind,” Pugno said. “It isn’t happening because the appellate courts declared a new constitutional right. It’s happening because enemies of the people have abused their power to manipulate the system and render the people voiceless.”

It’s unclear what recourse, if any, anti-gay forces have to fight the lifting of the stay after the Supreme Court determined they lack standing in court. Pugno said “it remains to be seen whether the fight can go on” as he said the development made for “a disgraceful day.”

LGBT advocates strongly pushed back on the notion that anti-gay forces had more options.

Asked by the Blade about this concern, Boutrous said Ninth Circuit “quite correctly” viewed itself as having the power to lift the stay and is “totally authorized by the court’s rules and by federal rules.”

“We’ve had cases where courts have lifted the stay in much more boring cases than this one,” Boutrous said. “And it makes sense here because you look at the possibility of success for the other side: it’s zero.”

Asked by another reporter if the Supreme Court or en banc panel of the Ninth Circuit could issue a stay if Prop 8 proponents asked for one during the 25-day waiting period, Boutrous said “no” because the high court determined the Ninth Circuit has no jurisdiction in the case.

Boutrous also dismissed another question on whether Prop 8 proponents could take action in state court, noting the federal injunction against Prop 8 would trump anything from state judges.

Those on the call also had no comment on what would happen if certain counties refused to hand marriage licenses to gay couples, referring a question on the matter from Reuters to the attorney general’s office.

The reaction from Stier was more mirthful in response to a question on what plans she and Perry had for a honeymoon.

“We didn’t have a lot of time to plan one, as you might well imagine, because we were at work when we found out we could get married today,” Stier said. “But next on our order of things to plan are a celebration, which means a reception, and then we need a honeymoon.”

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Michigan

Progressives score victory as El-Sayed wins Mich. Senate primary

Democratic newcomer will face Rogers in November

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Democratic Senate candidate Abdul El-Sayed (Screen capture via MS NOW/YouTube)

Michigan held its primary on Tuesday, allowing the two major political parties to select their nominees to go head-to-head for the state’s U.S. Senate seat.

NBC News called the Democratic race early, giving the victory to physician Abdul El-Sayed over incumbent U.S. Rep. Haley Stevens (D-Mich.) in an extremely close primary. El-Sayed won 48.5 percent of the primary vote, with Stevens trailing by just one percentage point at 47.5 percent.

Both candidates have campagined on supporting the LGBTQ community through different avenues— for El-Sayed he focused on his past promoting HIV and PrEP funding and research. Stevens focused on her legislative history working to support transgender rights in the state.

This is a major win for progressive Democrats, who have been bearing the brunt of political attacks from President Donald Trump, the Republican Party, and centrist Democrats.

El-Sayed, a former health director in Detroit, ran his campaign largely on making life in the Great Lakes State more affordable amid rising costs. His policies include promoting “Medicare for All,” pushing health policy that targets the regressive efforts of the Trump-Vance administration that rolls back funding for both Women and LGBTQ people, minimizing the growing amount of money in politics, and he was very vocal in his criticism of Stevens for supporting aid to Israel. He was endorsed by two major progressives — U.S. Sen. Bernie Sanders (I-Vt.) and U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.).

Stevens, the four-term congresswoman, is much closer to establishment Democrats on policy than El-Sayed.

During her time in the federal government, she has consistently supported the Equality Act, which would add sexual orientation and gender identity as protected classes under the Civil Rights Act of 1964. She has also emphasized supporting local manufacturing and lowering housing costs in the state.

She was named to Advocates for Trans Equality’s 118th Congressional Champions list for her pro-trans policies and was endorsed by establishment heavy hitters Michigan Gov. Gretchen Whitmer and Senate Minority Leader Chuck Schumer (D-N.Y.).

The contentious race boiled down not only to Michigan affairs but also extended to international conflicts — namely Palestine. (South Africa has filed a case in the International Court of Justice in The Hague that accuses Israel of committing genocide in the Gaza Strip after Oct. 7.) This primary also acted as one of the first major races that pushed back against AIPAC, a lobbying group that works to promote pro-Israel candidates in U.S. elections. The group has been involved in domestic politics since 1954.

AIPAC devoted a massive amount of money to this race.

The Associated Press reported that the pro-Israel lobbying group spent more than $30 million on ads against El-Sayed because of his vocal denunciation of Israel and his continued criticism of its policies towards Palestine.

Michigan has a large Muslim and Arab American population, which could, in part, explain how El-Sayed was able to win.

The Republican side was far less competitive. Former U.S. Rep. Mike Rogers (R-Mich.) ran unopposed and clinched the GOP nomination. He has consistently held anti-LGBTQ positions, going as far as voting multiple times for a federal constitutional amendment to ban same-sex marriage, voting against repealing the military’s “Don’t Ask, Don’t Tell” policy, and supporting efforts to directly target the attempted expansion of Title IX protections to include trans people.

El-Sayed will face off against Rogers in November for Michigan’s Senate seat — one that could have lasting impacts not only on the state’s politics but also on the Republicans’ narrow Senate majority and Trump’s political agenda.

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White House orders warning signs at Smithsonian over gender identity exhibits

Administration criticizes National Museum of American History

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Secretary of the Interior Doug Burgum is expected to install warning signs outside the National Museum of American History warning visitors of supposedly anti-American content. (Photo courtesy of the Office of the Governor of North Dakota)

The Trump administration will install temporary warning signs outside the Smithsonian’s National Museum of American History after releasing a report accusing the museum of promoting what it calls “radical” gender ideology and other politically biased content.

According to the Executive Order, “For purposes of policy formulation under EO 14253, this review of the National Museum of American History concludes that NMAH, by the intention and at the direction of current Museum and Smithsonian leadership, has become subject to institutional capture by a radical, activist ideology that is fundamentally opposed to telling the noble, honest story of the great country we know and love.”

Executive Order 14253 refers to what the White House has deemed the “Restoring Truth and Sanity to American History” order. Therefore, the Trump administration has said it will take all available steps to ensure that the issues in the report are addressed and rectified.

Without specifying, the White House has stated that warnings will be posted along NMAH to alert visitors to sections of the museum it has deemed are in violation according to the report.

“The Secretary of the Interior, acting through the Director of the National Park Service (NPS) and in coordination with the Assistant to the President for Domestic Policy, shall install temporary signage along the NPS-maintained sidewalks and walkways used by the public to access the Museum, informing visitors of the findings of the Report and of the policy set forth in section 1 of this order,” the Executive Order states.

The warnings were raised in a 162-page report issued by the Domestic Policy Council. The report detailed ways in which the National Museum of American History (NMAH) has “poorly” portrayed American history and insufficiently highlighted the founding story during America 250th celebrations.

The report outlined key findings of the NMAH. One of these findings was the Center for Restorative History within the museum, which has stated its purpose is to “encourage systemic change” by highlighting diverse groups. However, the report states that it highlights every group of Americans except for straight and white Americans.

The Domestic Policy Council accused the museum of engaging in “transgender activism.” According to the report, examples include referring to “biological men” as women or girls, displaying what it describes as sexually suggestive content, and incorporating discussions of gender fluidity, gender identity, and gender nonconformity into the museum’s educational curriculum, “Becoming US.”

The report also criticizes the curriculum for using the term “transgender” when discussing gender-nonconforming people and encouraging individuals to ask a person’s pronouns when meeting them. It further objects to exhibits stating that “transgender, nonbinary, and cisgender female athletes” continue to struggle for and demand equality.

It also condemns what it refers to as explicit content in an exhibition, “Girlhood (It’s Complicated)”, such as chest binders, questioning gender testing in women’s sports, and referring to biological females as “people inhabiting female bodies.”

Additionally, the report accuses the museum of no longer participating in flag-celebrating ceremonies because it was “too busy” preparing for June Pride and WorldPride events. It states, “As Director Hartig explained in a June 2024 presentation, all her attention was focused on flying the Smithsonian Pride Alliance’s ‘intersexual pride flag during June’ in 2023 and 2024.”

On July 9, the American Historical Association issued a statement rejecting the report’s findings.

In regard to the report, it states, “Its anonymous authors overlook a central lesson of the nation’s founding: the United States was forged by finding common purpose amid intense divisions, conflicts, and disagreements.” They argue that only “honest history” can tell the true history of the nation.

House Republicans led a subcommittee hearing that questioned Smithsonian Director Hartig extensively. A main focus of the questions was on the exhibits related to gender identity and whether they were appropriate. In the hearing, Rep. Nancy Mace asked: “When was your gender revealed to you, Dr. Hartig?”

In response to questioning, Hartig stated that the institution is nonpartisan and does not push a specific agenda.

Hartig published a two-page statement ahead of her hearing outlining her thoughts on the situation. In the report, she states that the institution is always open to criticism and will continue to look for ways to improve, but she sees the report as misleading.

“I can attest that the report does not fairly characterize the full body of work at this museum. I am familiar with the depth and breadth of our collections, exhibits, and programming. And while I recognize there is always room for improvement, I also know the beauty, inspiration, and expertise that exists in our museum,” Hartig wrote.

Democrats created their own 16-page report as a rebuttal to the Domestic Policy Council’s report. It argued that the attacks by the current Trump administration are another example of its attempt to rewrite history. Additionally, the report states that no policy changes were included in the Executive Order, as that is beyond the President’s role. “The Report recommends nothing. That is no accident. To recommend an action, the Report would need to identify who is legally empowered to take it, and its own opening chapter concedes the President’s only power is to ‘urge’,” House Democrats wrote.

It is still unclear when the temporary warnings will be installed or what form they will take beyond the requirements outlined in the executive order.

An exhibit at the Smithsonian. (Washington Blade photo by Landon Shackelford)

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Trump ends direct HIV prevention funding to community groups

Advocates say transfer of funds to states may disrupt local programs

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The Trump administration will discontinue direct federal funding of community-based organizations that provide HIV prevention services. (Washington Blade file photo by Michael Key)

A decision by the U.S. Office of Management and Budget (OMB) at the request of the Trump administration to discontinue direct federal funding of community-based organizations and clinics that provide HIV prevention services has raised concern among community health advocates, including LGBTQ advocates.

 News surfaced earlier this month that the OMB informed the U.S. Centers for Disease Control and Prevention that it would not renew $46 million in funding for 96 community-based organizations that provide HIV testing, referrals to medical care, and arrangements for obtaining pre-exposure HIV prevention medication known as PrEP that has been shown to be 99 percent effective in preventing HIV infection.

Under the new policy arranged by OMB, the funds will be redirected to the states to be allocated to state and local health departments. The policy calls for states to encourage but not require their respective state and local health departments to allocate some of those funds for community-based organizations. Under the new policy, the funding is scheduled to last until May of 2027, before a renewal decision is made.

Some political observers have speculated that the decision to end direct federal funding to community-based organizations could be motivated by the Trump administration’s hostility to diversity, equity, and inclusion or DEI programs and organizations that promote those programs, with the belief that some of the groups receiving the federal HIV prevention funds are promoting DEI.

Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, is among the leaders of many AIDS advocacy organizations expressing strong opposition to the OMB action. Schmid said that in places like D.C. and some states, local officials will be willing to redirect the federal funds to local community-based organizations.

A list of the 96 community-based organizations across the country that are currently receiving the federal AIDS funds includes the D.C.-based Whitman-Walker Health, which has a long history of healthcare support for the LGBTQ community, and La Clinica del Pueblo, which reaches out to the Latino community.

 Schmid said Whitman-Walker and La Clinica del Pueblo have longstanding good relationships with the local D.C. government.

“But other states and jurisdictions don’t have that relationship with the community-based organizations,” Schmid said. “It depends on the state,” he said, adding, “Not all states send their money to the communities that really need it most. And not all states are fast in getting money to the community-based organizations.” 

Spokespersons for Whitman-Walker and La Clinica del Pueblo couldn’t immediately be reached for comment on whether they think the Trump administration’s latest action related to funding will adversely impact their respective organizations.  

 Schmid said under the current federal grant program slated to be discontinued, which has been in effect for at least five years, HIV-related health organizations receiving the federal grant funds were eligible for an existing federal policy enabling them to purchase HIV-related medication, including the PrEP prevention medication, at a significant discount from pharmaceutical companies. With the ending of the direct federal HIV funds to community-based organizations, Schmid said it was unclear whether problems may surface in obtaining drug discounts.

“They could still qualify as a sub-grantee from a state,”  Schmid said. “But what if they don’t get that grant again? They would not be able to qualify to obtain the drugs” at the discounted price, he said.

Among the organizations expressing strong concern over the decision to discontinue the direct HIV prevention funding to community-based organizations has been the Federal AIDS Policy Institute and its subgroup called the HIV Prevention Action Coalition.

In a July 22 letter bearing the names of 71 community-based organizations from throughout the country sent to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Disease Control and Prevention Acting Director Jay Bhattacharya, the group called for the Trump administration to “reconsider” ending the current funding policy.  

 “Ending this program without a clear plan for what comes next would dismantle prevention infrastructure that has taken more than three decades of federal investment to build and do so just as that long record of measurable returns is accelerating,” the letter states.

It says the initiative by President Trump in his first term as president to end the HIV epidemic and reduce new HIV infections by 90 percent by 2030 was moving ahead by the funding program for community-based organizations that the administration now wants to end. 

“Discontinuing this program would also cost far more than it saves,” the letter says. “Every HIV transmission prevented avoids an estimated lifetime treatment cost of roughly half a million dollars per person to the healthcare system – costs that fall heavily on taxpayer-funded programs, including Medicaid, Medicare, and the Ryan White HIV/AIDS program,” the letter continues.

“The choice before the administration is straightforward: a modest, targeted investment in prevention now, or far greater public expense for treatment later,” the letter concludes. 

Spokespersons for the OMB and the Department of Health and Human Services, which oversees the CDC, have not immediately responded to news media requests for comment on the opposition to the funding change policy.

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