National
Legal effort to overturn DOMA offers ‘promising path’
Attorneys prepare for May court hearing in Boston
The organization spearheading a lawsuit challenging the Defense of Marriage Act is busy with preparations for what could be a monumental court case for LGBT Americans.
Lawyers on both sides of Gill v. U.S. Office of Personnel Management will come before the Federal District Court in Boston on May 6 to argue their cases.
The litigation, filed by Gay & Lesbian Advocates & Defenders, aims to overturn Section 3 of DOMA, which bars the federal government from recognizing same-sex marriages.
Evan Wolfson, executive director of Freedom to Marry, said the GLAD litigation is “a very important, very well prepared case” and “offers a very promising path to beginning to undo the destructive and unconstitutional so-called Defense of Marriage Act.”
“GLAD thought through very carefully the best way to present the core concerns, powerful stories and a smart remedy to maximize our chances of winning in the U.S. Supreme Court,” he said.
Wolfson said he’s certain that GLAD’s attorneys will “be very forceful” in explaining why the federal government’s treatment of same-sex married couples is “unacceptable and unconstitutional.”
The plaintiffs in the case are seven married same-sex couples and three widowers, including Dean Hara, the spouse of Gerry Studds, the late Massachusetts congressman and first openly gay person to serve in Congress.
GLAD contends that as a result of DOMA, which President Bill Clinton signed in 1996, these plaintiffs have been harmed in various ways, including the denial of survivor benefits, health insurance coverage and Social Security benefits, as well as being forced to pay additional federal income taxes. The litigation contends DOMA violates plaintiffs’ rights under the Equal Protection Clause.
Gary Buseck, GLAD’s legal director, said preparations for the court appearance involve submitting several documents to the court to make their case before Judge Joseph Tauro.
The documents, he said, include memoranda of law to the court, a series of affidavits from the plaintiff couples and widowers, and expert affidavits showing why these couples should be treated as a suspect class for heightened scrutiny from the court.
“What we’re trying to think about is best arguments and how to succinctly present our best arguments,” he said. “We’re trying to think about — given what the government has put to writing — what are they likely to lead with, and are we content with the responses that we’ve written, and trying to imagine what the judge might ask.”
Representing the seven married same-sex couples and three widowers seeking federal marriage benefits in Massachusetts will be Mary Bonauto, GLAD’s civil rights project director.
Six years ago, Bonauto was the lead attorney in Goodridge v. Department of Public Health, the state lawsuit that brought same-sex marriage to Massachusetts, making the Bay State the first in the country to legalize gay nuptials.
Buseck said Bonauto is working on being “as heavily as prepared as possible” so she can “answer any question.”
Buseck said the court appearance on May 6 for the GLAD case wouldn’t be the same as the trial earlier this year for Perry v. Schwarzenegger, a lawsuit in California aimed at overturning Proposition 8.
Because the U.S. government filed a motion to dismiss and GLAD filed a request for summary judgment, Buseck said he’s expecting about 45 minutes to an hour of courtroom activity May 6 instead of a trial lasting several weeks, as in the Perry case.
“We don’t know exactly how much time we’re going to have,” he said. “It’s not like an appeals court where they give you a set of block of time and that’s what you get. This is going to be a little more informal than that.”
The Justice Department didn’t respond to DC Agenda’s request to discuss the case.
Buseck said GLAD can guess how the U.S. government will present itself during the court appearance because of the briefs the Justice Department has already issued.
He noted the Obama administration has said it doesn’t agree with the findings Congress presented in 1996 when it passed DOMA and that it considers the statute is discriminatory, but will nonetheless defend the statute because it believes the statute is constitutional.
Buseck predicted that the government will argue it was rational for Congress to enact DOMA in 1996 in an effort to maintain the status quo and “wait and see how this cultural debate plays out.”
“That’s been their fundamental argument to date, and presumably that’s where they’re going to stick,” he said. “So we’re ready for that. We’ve had to respond to those arguments in writing already.”
Legal experts following the case of Gill v. OPM expect it to reach the U.S. Supreme Court and, if successful, the lawsuit would force the U.S. government to recognize same-sex marriages for federal tax purposes and for Social Security benefits.
Buseck said he thinks it’s possible a decision could come down from a trial court in the summer, but more likely a ruling will be issued this fall.
Following the decision, Buseck said the case would likely go to the First Circuit Court of Appeals at the beginning of next year with a possible decision in Spring 2012. If the case were to go to the U.S. Supreme Court, it could go on the 2012 term and be decided in June 2013.
But Buseck emphasized that those dates were a “ballpark” estimate and said “there’s a lot of things that could change those dates.”
Running concurrently with the Gill lawsuit in the Federal District Court in Boston is another case challenging DOMA last year by Massachusetts Attorney General Martha Coakley: Commonwealth of Massachusetts v. U.S. Department of Health & Human Services.
Like the Gill case, the state lawsuit challenges the section of DOMA that prohibits the federal government from recognizing same-sex marriage, but contends that it violates Massachusetts’ state right to regulate marriage under the Tenth Amendment.
The Commonwealth case will be heard in the same court and by the same judge, but the court date is scheduled for May 26.
Buseck said the Commonwealth case and the Gill case “complement each other” but “are in different boxes as far as legal theories go.”
“My sense is the judge will probably just for efficiencies’ sake somehow work on these cases together and it’s been my guess — but I’ve no reason to know that — I won’t be surprised if we get decisions on the same day,” Buseck said.
U.S. Federal Courts
Judge temporarily blocks executive orders targeting LGBTQ, HIV groups
Lambda Legal filed the lawsuit in federal court

A federal judge on Monday blocked the enforcement of three of President Donald Trump’s executive orders that would have threatened to defund nonprofit organizations providing health care and services for LGBTQ people and those living with HIV.
The preliminary injunction was awarded by Judge Jon Tigar of the U.S. District Court for the Northern District of California in a case, San Francisco AIDS Foundation v. Trump, filed by Lambda Legal and eight other organizations.
Implementation of the executive orders — two aimed at diversity, equity, and inclusion along with one targeting the transgender community — will be halted pending the outcome of the litigation challenging them.
“This is a critical win — not only for the nine organizations we represent, but for LGBTQ communities and people living with HIV across the country,” said Jose Abrigo, Lambda Legal’s HIV Project director and senior counsel on the case.
“The court blocked anti-equity and anti-LGBTQ executive orders that seek to erase transgender people from public life, dismantle DEI efforts, and silence nonprofits delivering life-saving services,” Abrigo said. “Today’s ruling acknowledges the immense harm these policies inflict on these organizations and the people they serve and stops Trump’s orders in their tracks.”
Tigar wrote, in his 52-page decision, “While the Executive requires some degree of freedom to implement its political agenda, it is still bound by the constitution.”
“And even in the context of federal subsidies, it cannot weaponize Congressionally appropriated funds to single out protected communities for disfavored treatment or suppress ideas that it does not like or has deemed dangerous,” he said.
Without the preliminary injunction, the judge wrote, “Plaintiffs face the imminent loss of federal funding critical to their ability to provide lifesaving healthcare and support services to marginalized LGBTQ populations,” a loss that “not only threatens the survival of critical programs but also forces plaintiffs to choose between their constitutional rights and their continued existence.”
The organizations in the lawsuit are located in California (San Francisco AIDS Foundation, Los Angeles LGBT Center, GLBT Historical Society, and San Francisco Community Health Center), Arizona (Prisma Community Care), New York (The NYC LGBT Community Center), Pennsylvania (Bradbury-Sullivan Community Center), Maryland (Baltimore Safe Haven), and Wisconsin (FORGE).
U.S. Supreme Court
Activists rally for Andry Hernández Romero in front of Supreme Court
Gay asylum seeker ‘forcibly deported’ to El Salvador, described as political prisoner

More than 200 people gathered in front of the U.S. Supreme Court on Friday and demanded the Trump-Vance administration return to the U.S. a gay Venezuelan asylum seeker who it “forcibly disappeared” to El Salvador.
Lindsay Toczylowski, president of the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Andry Hernández Romero, is among those who spoke alongside U.S. Rep. Mark Takano (D-Calif.) and Human Rights Campaign Campaigns and Communications Vice President Jonathan Lovitz. Sarah Longwell of the Bulwark, Pod Save America’s Jon Lovett, and Tim Miller are among those who also participated in the rally.
“Andry is a son, a brother. He’s an actor, a makeup artist,” said Toczylowski. “He is a gay man who fled Venezuela because it was not safe for him to live there as his authentic self.”
(Video by Michael K. Lavers)
The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”
President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The Trump-Vance administration subsequently “forcibly removed” Hernández and hundreds of other Venezuelans to El Salvador.
Toczylowski said she believes Hernández remains at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. Toczylowski also disputed claims that Hernández is a Tren de Aragua member.
“Andry fled persecution in Venezuela and came to the U.S. to seek protection. He has no criminal history. He is not a member of the Tren de Aragua gang. Yet because of his crown tattoos, we believe at this moment that he sits in a torture prison, a gulag, in El Salvador,” said Toczylowski. “I say we believe because we have not had any proof of life for him since the day he was put on a U.S. government-funded plane and forcibly disappeared to El Salvador.”
“Andry is not alone,” she added.
Takano noted the federal government sent his parents, grandparents, and other Japanese Americans to internment camps during World War II under the Alien Enemies Act. The gay California Democrat also described Hernández as “a political prisoner, denied basic rights under a law that should have stayed in the past.”
“He is not a case number,” said Takano. “He is a person.”
Hernández had been pursuing his asylum case while at the Otay Mesa Detention Center in San Diego.
A hearing had been scheduled to take place on May 30, but an immigration judge the day before dismissed his case. Immigrant Defenders Law Center has said it will appeal the decision to the Board of Immigration Appeals, which the Justice Department oversees.
“We will not stop fighting for Andry, and I know neither will you,” said Toczylowski.
Friday’s rally took place hours after Attorney General Pam Bondi said Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador, had returned to the U.S. Abrego will face federal human trafficking charges in Tennessee.
National
A husband’s story: Michael Carroll reflects on life with Edmund White
Iconic author died this week; ‘no sunnier human in the world’

Unlike most gay men of my generation, I’ve only been to Fire Island twice. Even so, the memory of my first visit has never left me. The scenery was lovely, and the boys were sublime — but what stood out wasn’t the beach or the parties. It was a quiet afternoon spent sipping gin and tonics in a mid-century modern cottage tucked away from the sand and sun.
Despite Fire Island’s reputation for hedonism, our meeting was more accident than escapade. Michael Carroll — a Facebook friend I’d chatted with but never met — mentioned that he and his husband, Ed, would be there that weekend, too. We agreed to meet for a drink. On a whim, I checked his profile and froze. Ed was author Edmund White.
I packed a signed copy of Carroll’s “Little Reef” and a dog-eared hardback of “A Boy’s Own Story,” its spine nearly broken from rereads. I was excited to meet both men and talk about writing, even briefly.
Yesterday, I woke to the news that Ed had passed away. Ironically, my first thought was of Michael.
This week, tributes to Edmund White are everywhere — rightly celebrating his towering legacy as a novelist, essayist, and cultural icon. I’ve read all of his books, and I could never do justice to the scope of a career that defined and chronicled queer life for more than half a century. I’ll leave that to better-prepared journalists.
But in those many memorials, I’ve noticed something missing. When Michael Carroll is mentioned, it’s usually just a passing reference: “White’s partner of thirty years, twenty-five years his junior.” And yet, in the brief time I spent with this couple on Fire Island, it was clear to me that Michael was more than a footnote — he was Ed’s anchor, editor, companion, and champion. He was the one who knew his husband best.
They met in 1995 after Michael wrote Ed a fan letter to tell him he was coming to Paris. “He’d lost the great love of his life a year before,” Michael told me. “In one way, I filled a space. Understand, I worshiped this man and still do.”
When I asked whether there was a version of Ed only he knew, Michael answered without hesitation: “No sunnier human in the world, obvious to us and to people who’ve only just or never met him. No dark side. Psychology had helped erase that, I think, or buffed it smooth.”
Despite the age difference and divergent career arcs, their relationship was intellectually and emotionally symbiotic. “He made me want to be elegant and brainy; I didn’t quite reach that, so it led me to a slightly pastel minimalism,” Michael said. “He made me question my received ideas. He set me free to have sex with whoever I wanted. He vouchsafed my moods when they didn’t wobble off axis. Ultimately, I encouraged him to write more minimalistically, keep up the emotional complexity, and sleep with anyone he wanted to — partly because I wanted to do that too.”
Fully open, it was a committed relationship that defied conventional categories. Ed once described it as “probably like an 18th-century marriage in France.” Michael elaborated: “It means marriage with strong emotion — or at least a tolerance for one another — but no sex; sex with others. I think.”
That freedom, though, was always anchored in deep devotion and care — and a mutual understanding that went far beyond art, philosophy, or sex. “He believed in freedom and desire,” Michael said, “and the two’s relationship.”
When I asked what all the essays and articles hadn’t yet captured, Michael paused. “Maybe that his writing was tightly knotted, but that his true personality was vulnerable, and that he had the defense mechanisms of cheer and optimism to conceal that vulnerability. But it was in his eyes.”
The moment that captured who Ed was to him came at the end. “When he was dying, his second-to-last sentence (garbled then repeated) was, ‘Don’t forget to pay Merci,’ the cleaning lady coming the next day. We had had a rough day, and I was popping off like a coach or dad about getting angry at his weakness and pushing through it. He took it almost like a pack mule.”
Edmund White’s work shaped generations — it gave us language for desire, shame, wit, and liberation. But what lingers just as powerfully is the extraordinary life Ed lived with a man who saw him not only as a literary giant but as a real person: sunny, complex, vulnerable, generous.
In the end, Ed’s final words to his husband weren’t about his books or his legacy. They were about care, decency, and love. “You’re good,” he told Michael—a benediction, a farewell, maybe even a thank-you.
And now, as the world celebrates the prolific writer and cultural icon Edmund White, it feels just as important to remember the man and the person who knew him best. Not just the story but the characters who stayed to see it through to the end.