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Prop 8 trial begins Monday

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The eyes of LGBT rights supporters will be on the proceedings of a California federal court case next week that could overturn the state’s ban on same-sex marriage — and possibly similar bans throughout the country.

The trial in the case of Perry v. Schwarzenegger will begin Monday. Judge Vaughn Walker of the U.S. District Court’s Northern District of California will preside and has called for expedited proceedings because of the serious nature of the complaints raised by plaintiffs.

During the trial, Walker will consider witness testimony, documents and other evidence and arguments from both sides over the constitutionality of Proposition 8, an amendment to the state constitution banning same-sex marriage. The amendment was approved in 2008 through voter referendum.

Attorneys Ted Olson and David Boies are representing plaintiff couples that were denied marriage licenses in California because of the state’s ban on same-sex marriage.

While it’s the first time these lawyers have worked together on a case, they have crossed paths before in opposition to each other. In the 2000 case of Bush v. Gore, Olson represented then-Republican presidential nominee George W. Bush while Boies represented then-Democratic presidential nominee Al Gore.

Olson and Boies — who are litigating on behalf of the American Foundation for Equal Rights, a California-based LGBT organization founded last year — are arguing Prop 8 is unconstitutional because it violates the Equal Protection Clause of the Fourteenth Amendment and singles out LGBT people for discrimination, among other reasons.

Yusef Robb, an AFER spokesperson, said, “preparations are intense” for the legal team that is arguing that Prop 8 is unconstitutional.

“Proposition 8 is wrong and it’s unconstitutional, and we will demonstrate that through the testimony of our plaintiffs, expert [witnesses], evidence and arguments from an unmatched legal team,” he said.

Robb said the trial should last about three weeks, but could drag out for five weeks. Supporters of the lawsuit are expecting the case to go to the U.S. Supreme Court, but first the case would have to be heard in the Ninth Circuit Court of Appeals.

Geoff Kors, executive director of Equality California, said the case is significant because “it’s a critical piece in the ongoing fight for full equality.”

“We are extremely hopeful that the federal courts will strike [down] Prop 8 as unconstitutional because it clearly violates the federal Constitution, especially in light of the California Supreme Court decision that upheld Prop 8 in the California Constitution,” he said.

Equality California was among the groups that filed a “friend-of-the-court” brief in favor of overturning Prop 8. Kors said he’s confident Walker will overturn Prop 8 because it’s “a clear violation of the United States Constitution.”

Other groups that have filed “friend-of-the-court” briefs are the American Civil Liberties Union, Lambda Legal and National Center for Lesbian Rights. The City and County of San Francisco — under the leadership of City Attorney Dennis Herrera and Chief Deputy City Attorney Therese Stewart — are supporting the plaintiffs as co-counsel and are focusing on the negative impact Prop 8 has on government services and budgets.

While the case is focused on the constitutionality of Prop 8, it’s possible that marriage bans throughout the country could be struck down if the case goes to the Supreme Court and it rules in favor of the plaintiffs.

Robb said the question of whether a Supreme Court ruling would end marriage bans throughout the country “would depend on the particular issues the court chooses to review, as well as how they specifically draft their opinion.”

One contentious issue leading up to the trial was whether the judge would allow TV cameras in the courtroom to record and broadcast the trial.

Opponents of Prop 8 urged Walker to allow proceedings to air on TV to bring more attention to the marriage issue, while supporters of Prop 8 are arguing against such a move because they feel backers of the amendment would be subject to harassment and intimidation.

Walker ruled Wednesday that the trial will be recorded — but the broadcast will be delayed and it will air on the Internet and not live TV, according to media reports.

Walker decided to post a delayed recording of the case challenging Proposition 8 on YouTube, according to the The San Francisco Chronicle. AFER announced the decision in a Twitter posting: “Judge: pending approval from 9th Circuit, trial will be recorded daily for delayed posting to internet.”

Robb said AFER believes it’s important for the trial to air to show the harm that Prop 8 has caused same-sex couples.

“This trial is a chance for the true harm of Prop 8 to be revealed through facts, evidence and the law, without the spin, slogans and deception that dominate political campaigns,” he said. “These proceedings should be available to as many people as possible.”

Kors also supports airing the trial. He said the broadcast would allow people who are undecided on same-sex marriage to learn more about why marriage rights are important to LGBT people.

“It’s an opportunity for them to see us for who we really are, and for them to hear the arguments both from our side about why equality is so important and why denying us the freedom to marry harms us and our families, and to really hear what the right-wing’s justification for that discrimination is,” he said.

Kors also claimed that airing the trial would reveal that supporters of Prop 8 distorted the truth during the 2008 campaign as they encouraged voters to approve the amendment.

Among the disputed arguments that supporters of Prop 8 put forward was that failure of the amendment would mean that children would have to learn about same-sex marriage in public schools.

“It’s different when you’re arguing in court and testifying under oath than it is when you run a 30-second television ad that tells lies,” he said. “So it’s a chance for people to hear the truth from both sides, which is why we want it to be televised and clearly why the right-wing doesn’t because it’s not an environment where they can control what they’re saying.”

While predicting that the trial court would strike down Prop 8, Kors said it’s possible that the ruling could be overturned by a higher court.

But if that happened, Kors said the trial court proceedings would still be helpful in persuading the public to overturn the amendment at the ballot box. Equality California has chosen 2012 as the year to challenge Prop 8 through another voter referendum.

“It’s an opportunity for the public to learn more about why marriage equality is so important for same-sex couples and their families — and that the lies the right-wing told in California and more recently in Maine are nothing but lies,” Kors said. “And that, I think, is going to be really important in moving public opinion.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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