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GOP House members move to condemn Prop 8 ruling

Smith, Chaffetz, Bachmann among marriage opponents

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A group of conservative House Republicans on Tuesday introduced a resolution in Congress to condemn the recent federal court decision overturning Proposition 8 in California.

The introduction of the non-binding measure is one of the most prominent moves against the ruling from Republicans, whose response has largely been muted, or in some cases supportive of the decision.

Rep. Lamar Smith (R-Texas) is sponsoring the resolution, H. Res. 1607. The measure is pending before the House Judiciary Committee.

The resolution offers findings faulting U.S. District Court Judge Vaughn Walker’s decision for engaging in improper conduct during his consideration of the case. It says Walker “failed to conduct himself in an impartial manner” and “attempted to illegally broadcast the trial in disregard of the harassment such broadcast would invite on witnesses supporting Proposition 8.”

The resolution concludes that the sense of the U.S. House is that:

• Walker “failed to conduct himself in an impartial manner before striking down California’s popularly enacted Proposition 8 and thereby redefined traditional marriage to include same-sex relationships;”

• and Walker’s decision to overturn “California’s popularly enacted Proposition 8 is wrong.”

In a statement, Smith emphasized the importance of the resolution as a means to speak out against the decision, because “when it comes to judicial activism, it doesn’t get much worse.”

“The judge showed bias,” Smith said. “In his ruling, he imposed his personal views, contrary to the wishes of the majority of voters in the state.”

Smith noted that the debate over Prop 8 isn’t “about the worth of gay individuals.”

“Those who support traditional marriage recognize that gay people can be loyal friends, dedicated community leaders, and beloved sons and daughters,” he said. “And those with religious objections to same-sex marriage distinguish between the conduct, which they consider inappropriate, and the person, whom they may cherish and appreciate.”

As of Wednesday, the resolution had 17 co-sponsors, including Reps. Michele Bachmann (R-Minn.), Jason Chaffetz (R-Utah) and Steve King (R-Iowa).

A House Democratic leadership aide, who spoke on the condition of anonymity, said House Democratic leadership had no plan to bring the resolution to the House floor.

“I suppose if they want to file a discharge petition maybe they could do that, but I think we will be out of session before the clock runs [out] on a discharge,” said the aide. “So the bottom line is that the Democratic leadership has no intention of bringing this to the floor.”

A discharge petition brings a bill out of committee and to the House floor without a report from the committee and usually without cooperation of leadership. A discharge petition requires the signature of 218 House members — a simple majority.

Whether this resolution has the support of the Republican leadership is unclear. The office of House Minority Leader John Boehner (R-Ohio) didn’t immediately respond to the Blade’s request to comment on whether he supports the resolution.

Gay groups representing LGBT people on opposite ends of the political spectrum pounced on the resolution as unnecessary and hostile.

Christian Berle, deputy executive director of the National Log Cabin Republicans, said the measure was “in direct contradiction” to the tenets of individual liberty espoused by the Republican Party.

“Log Cabin Republicans would oppose any effort by Congress to play politics with this ruling,” Berle said. “Now is the time for Republicans to focus on the real issues voters care about: jobs, the economy, taxes, government spending and a free market economy.”

Michael Mitchell, executive director of the National Stonewall Democrats, said the proposed resolution represents “a willful disregard for the three branches of government.”

“On the one hand, I think it’s grandstanding,” he said. “I think that they’re just really trying to shore up their base. I think that they are definitely on the wrong side of history and that time is going to show that very quickly even in their own party.”

But in an e-mail blast Wednesday, Brian Brown, president of the National Organization for Marriage, which opposes marriage rights for same-sex couples, urged supporters to call their members of Congress to join on as co-sponsors to the resolution.

“House Resolution 1607 is an important first opportunity for leaders in Congress to go on record defending Proposition 8 and condemning the activism from the bench that would simply create — out of thin air — a new constitutional right to same-sex marriage, while overthrowing the will of 7 million California voters,” he said.

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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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