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Holder OKs attorneys general not defending marriage bans

‘I believe we must be suspicious of legal classifications based solely on sexual orientation’

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Eric Holder, United States Department of Justice, gay news, Washington Blade, LGBT Pride
Eric Holder, United States Justice Department, Barack Obama Administration, Lincoln Memorial, the 50th Anniversary of the March on Washington, civil rights, gay news, Washington Blade

U.S. Attorney General Eric Holder said state attorneys general don’t need to defend marriage bans in court (Washington Blade file photo by Michael Key).

U.S. Attorney General Eric Holder told state attorneys general on Tuesday that refusing to defend same-sex marriage bans in court is consistent with the American idea that “all are created equal and entitled to equal opportunity.”

Holder made the remarks as part of his speech at the winter meeting for the National Association of Attorneys General, which this year took place in D.C. at the Ritz Carlton.

The attorney general said he believes state officials can decline to defend marriage bans in court as he maintained decisions not to defend laws “must be exceedingly rare” and not stem from policy disagreements.

“But in general, I believe we must be suspicious of legal classifications based solely on sexual orientation,” Holder said. “And we must endeavor – in all of our efforts – to uphold and advance the values that once led our forebears to declare unequivocally that all are created equal and entitled to equal opportunity.”

Holder’s remarks are consistent with his remarks during an interview published Monday in The New York Times in which he was quoted as saying attorneys general aren’t obligated to defend laws they believe are discriminatory.

As Holder noted, attorneys general in Pennsylvania, Virginia, Nevada and, most recently, Oregon have determined they cannot defend their state marriage bans in court following the Supreme Court decision against the Defense of Marriage Act. Each of the states that these official represent have continued to enforce the marriage bans as the litigation proceeds through the courts.

Holder said these decisions not to defend the bans against lawsuits seeking marriage equality is along with lines of his decision in February 2011 to no longer defend DOMA in court.

“As I’ve said before, this decision was not taken lightly,” Holder said. “Our actions were motivated by the strong belief that all measures that distinguish among people based on their sexual orientation must be subjected to a heightened standard of scrutiny – and, therefore, that this measure was unconstitutional discrimination.”

Doug NeJaime, who’s gay and a law professor at University of California, Irvine, said Holder’s declaration amounts to support for attorneys general who don’t wish to defend marriage bans in their states.

“While I anticipate that some state attorneys general will dismiss Holder’s comments as unnecessary meddling in state affairs, I view his remarks as a declaration regarding sexual orientation equality that is consistent with his — and the Administration’s — position on these issues,” NeJaime said. “And given that multiple attorneys general at the state level have now declined to defend their state marriage bans, he is giving them support.”

In recent months, Holder has been a mouthpiece for the Obama administration on the advancement of LGBT rights.

The attorney general delivered the announcement that the federal government would recognize same-sex marriages performed in Utah when they were briefly available in the state. More recently, Holder announced the Justice Department would recognize same-sex marriages for its purposes, which includes the right to decline to testify against a spouse in court and the ability to file jointly file bankruptcy.

“This, after all, is the essential duty to which all of us – as attorneys general – have been sworn: not just to win cases, but to see that justice is done,” Holder said. “This is the cause that brings us together in Washington this week – working to confront the threats and seize the opportunities before us. And this is the extraordinary task with which the American people have entrusted the leaders in this room – and the challenge that all justice professionals are called to address: not merely to use our legal system to settle disputes and punish those who have done wrong, but to answer the kinds of fundamental questions – about fairness and equality – that have always determined who we are and who we aspire to be, both as a nation and as a people.”

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District of Columbia

Judge issues revised order in Capital Pride stalking case

Defendant Darren Pasha agreed to accept less restrictive directive

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Darren Pasha (Washington Blade photo by Lou Chibbaro, Jr.)

A D.C. Superior Court judge on April 30 reinstated an anti-stalking order requested by the Capital Pride Alliance against local gay activist Darren Pasha based on allegations that Pasha engaged in a year-long effort to harass, intimidate, and stalk the organization’s staff, board members, and volunteers.

The reinstated order by Judge Robert D. Okun followed an April 17 court hearing in which he rescinded a similar order he initially approved in February on grounds that more evidence was needed to substantiate the need for the order.   

At the time he rescinded the earlier order he scheduled an evidentiary hearing for April 29 at which three Capital Pride staff members testified in support of the anti-stalking order. But Okun discontinued the hearing after Pasha, who was representing himself without an attorney, announced he was willing to accept a revised, less restrictive temporary restraining order.

The judge said Pasha’s decision to accept a restraining order made it no longer necessary to continue the evidentiary hearing. He then asked Capital Pride and Pasha to submit their suggested revisions for the order which they submitted a short time later.

The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a civil complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride staff, board members, and volunteers. It includes a 167-page addendum of “supporting exhibits” that includes multiple statements by unidentified witnesses.

Pasha, who has represented himself without an attorney, has argued in multiple court filings and motions that the stalking allegations are untrue. In his initial court response to the complaint, he said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.

Similar to his earlier anti-stalking order against Pasha, Okun’s reissued order on April 30 states, a “Temporary Anti-Stalking Order is GRANTED, effective immediately and remaining in effect until further order of the Court or final disposition of this matter.”

It adds, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communication, or any other means.”

Unlike the earlier order, which did not identify the “protected persons” by name, the latest order includes a list of 34 people, 13 of whom are Capital Pride staff members or volunteers, including CEO Ryan Bos and Chief Operating Officer June Crenshaw. The other 21 people listed are identified as Capital Pride board members, including board chair Anna Jinkerson.

Possibly because Pasha addressed this in his suggested version of the order, the judge’s revised order says Pasha is allowed to visit the D.C. LGBTQ+ Community Center, where the Capital Pride office is located, if he gives the community center a 24 hour advance notice that he will be visiting the center, which hosts many events unrelated to Capital Pride. The earlier order required him to stay at least 100 feet away from the Capital Pride office.

The new order also prohibits Pasha from attending 21 named events that Capital Pride Alliance either organizes itself or with partner organizations that were scheduled to take place from April 30 through June 21. The order says he is allowed to attend the two largest events, the June 20 Pride Parade and the June 21 Pride Festival and Concert, in which 500,000 or more people are expected to attend.

It says Pasha is also allowed to attend the June 15 Pride At The Pier event organized by the Washington Blade.

But for those three events the order says he is restricted from entering “ticketed and controlled access areas.”

At the April 29 court hearing, Okun also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the civil complaint case brought by Capital Pride without going to trial. 

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New Zealand

New Zealand blood donation rules shift

One-size-fits-all assumptions about gay, bi, and takatāpui men to end

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(Photo by Belish via Bigstock)

YOUR EX, an LGBTQ newspaper in New Zealand, published this article on April 28. The Washington Blade is publishing it with permission.

More gay, bi, and takatāpui men in Aotearoa may soon be able to donate blood, with New Zealand Blood Service changing its sexual activity screening rules in a move that shifts the focus away from sexuality and on to specific recent behavior.

For many queer people, the change represents a move away from treating all men who have sex with men as a single risk category. Instead, all donors will be asked the same questions about new or multiple sexual partners in the past three months, and whether they have had anal sex with those partners.

Under the new approach, donors who have had anal sex with a new or multiple partners in the past three months will still face a three-month deferral. But those who have not — and who meet all other eligibility criteria — will be able to donate. Donors will also be asked whether they have had gonorrhea or any other sexually transmitted infection in the past three months, with a three-month wait applying after treatment and recovery.

That change could open the door for some gay, bisexual, takatāpui and other men who have sex with men who were previously excluded from giving blood. In particular, men who have had anal sex with only one partner in the past three months, where that sexual contact has been ongoing for longer than three months, may now be eligible to donate, including those in long-term single-partner relationships.

For years, blood donation rules have been experienced not just as a public health measure, but as a blunt and often stigmatizing signal that queer men were viewed differently from everyone else. This change suggests a more nuanced approach, one that looks at what people do, rather than who they are, based on findings from the Sex and Prevention of Transmission Study (SPOTS) and international evidence supporting behavior-based screening.

New Zealand Blood Service says the new model will maintain the safety of the blood supply while making donation more inclusive.

Still, the new rules are not a complete removal of the restrictions, and some will see them as progress rather than full equity. The three-month deferral remains in place for donors who have had anal sex with a new or multiple partners, even if they are taking PrEP or using condoms. New Zealand Blood Service says that while PrEP is highly effective for HIV prevention, it can mask low levels of HIV during testing, and condoms are not considered completely fail-safe.

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Congress

Bill seeks to block global gag rule expansion

Policy now bans US foreign aid to groups promoting ‘gender ideology’

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President Donald Trump speaks at the State of the Union address at the U.S. Capitol on Feb. 24, 2026. A bill would block his administration's expansion of the global gag rule. (Washington Blade photo by Michael Key)

Lawmakers on Wednesday introduced a bill that would block the expansion of the global gag rule.

President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.

Trump reinstated the rule during his first administration. The Biden-Harris administration shortly after it took office in 2021 rescinded it.

The Trump-Vance administration earlier this year expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” The expansion took effect on Feb. 26.

U.S. Sens. Jeanne Shaheen (D-N.H.) and Jacky Rosen (D-Nev.) introduced the Protecting Human Rights and Public Health in Foreign Assistance Act in the U.S. Senate. U.S. Reps. Grace Meng (D-N.Y.), Lois Frankel (D-Fla.), Diana DeGette (D-Colo.), Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Gregory Meeks (D-N.Y.) introduced it in the U.S. House of Representatives.

“Using taxpayer money to export the Trump administration’s anti-trans, anti-science, and anti-abortion ideological agenda isn’t just immoral — it’s antithetical to efficient, effective, and rights-based foreign assistance,” said Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday in a press release.

Meng in a Congressional Equality Caucus press release added the Trump-Vance administration’s “crusade against healthcare and global aid is putting millions of lives at risk worldwide.” 

“No one will flourish under the new expanded global gag rule,” said the New York Democrat. “These policies weaponize foreign aid and will result in greater harm, particularly for women and girls, marginalized communities, and LGBTQI+ individuals.”

“They should never have been implemented at all, let alone without even a basic public comment process,” she added. “This legislation will reverse these dangerous policies.”

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