National
Will Obama appeal DOMA court rulings?
Justice Dept. has until Oct. 12 to decide
President Obama’s commitment to repealing the Defense of Marriage Act is likely to come under enhanced scrutiny next week when the U.S. Justice Department announces its decision on whether or not it will appeal federal court rulings against the statute.
Legal experts across the board are expecting the administration to appeal the decisions as many LGBT advocates grumble that the defense of DOMA in court undermines Obama’s campaign pledge to advocate for same-sex couples.
Richard Socarides, a gay New York attorney and former adviser to President Clinton, said he expects the Justice Department to appeal the cases because he believes the administration hasn’t shown any signs of changing its position after defending DOMA at the district court level.
“I think that they’re going to continue to battle the gay rights movement in the courts,” Socarides said. “I think it continues to be one of the most unfortunate decisions of the president’s entire first two years in office and really something that is perhaps the most troubling part of these first two years of his presidency.”
Socarides said he doesn’t think the administration is compelled to appeal the decisions to the U.S. First Circuit Court of Appeals even as he acknowledged that debate has taken place over whether the president can decide against upholding a federal statute.
“I think that it’s clear now that the president has the option of declining to defend laws that he believes are not constitutional,” Socarides said. “This law has now been declared unconstitutional, so he could agree with the federal district court … and choose not to defend it.”
Evan Wolfson, executive director of Freedom to Marry, also predicted the administration will appeal the decisions made in the DOMA cases because he believes Justice Department officials think they’re required to do so.
Still, Wolfson said the extent to which the Justice Department defends DOMA at the U.S. First Circuit Court of Appeals would be an appropriate gauge to determine the Obama administration’s commitment to supporting LGBT people.
“I think the Justice Department can argue they have to appeal, but they should not be trying to win at all costs, and they should urge the court to adopt a presumption of unconstitutionality for the cruel exclusion from marriage that they themselves admit is discrimination,” Wolfson said.
On July 8, U.S. District Court Judge Joseph Tauro ruled in two separate cases — Gill v. U.S. Office of Personnel Management and Commonwealth of Massachusetts v. U.S. Department of Health & Human Services — that the part of DOMA prohibiting federal recognition of same-sex marriage is unconstitutional.
The Obama administration defended DOMA when both those cases came before the U.S. District Court of Massachusetts.
In response to a query on the whether the administration would appeal the rulings, the White House deferred comment to the Justice Department, which didn’t respond.
The deadline for making a decision in the Commonwealth case — filed by Massachusetts Attorney General Martha Coakley — is Oct. 12.
The Justice Department doesn’t have to appeal the decision in the Gill case, filed by Gay & Lesbian Advocates & Defenders, until Oct. 18 because the court didn’t enter judgment in the case until later.
Still, Lee Swislow, GLAD’s executive director, said her organization is anticipating the Obama administration will announce its decision for both cases at the same time.
“From an efficiency point of view, the cases are clearly connected and it would make sense for the government to appeal both of them on the same day,” she said.
Announcing a decision to appeal both cases at the same time would also limit the amount of negative press the White House would receive to one day as opposed to stringing out criticism over a series of days.
Swislow said she’s expecting the administration to appeal both lawsuits and said doing so means the Justice Department is doing its duty of defending federal laws.
“I don’t think you can read much into it in terms of the administration’s support in general of LGBT rights,” she said. “From a legal point of view, they have to defend the law or write an official letter to Congress on why they’re not appealing.”
After the Justice Department appeals the decisions to the First Circuit, Swislow said she expects a series of briefs will be filed to the appellate court on both sides, including friend-of-the-court briefs from supporters and opponents of DOMA.
Once oral arguments take place, those involved with the litigation will await the decision of the court.
“We could have a decision anywhere from a year from now to a year-and-a-half from now if they follow their average, and that’s all we have to go on is how long it usually takes at the First Circuit court,” Swislow said.
Once the First Circuit has made its rulings, Swislow said deciding whether or not to appeal the case further to the U.S. Supreme Court would be different for the Obama administration.
Swislow said Justice Department officials could say they’ve “done their job” and not challenge the ruling further — even as she acknowledged her organization would love a win for the cases at the Supreme Court.
“If we win at the First Circuit Court of Appeals, the question of whether to take it to the Supreme Court or not, I think, is a different calculation,” she said.
Even as many LGBT rights supporters bemoan the administration’s defense of DOMA, others say continued support for the law in court could have some advantages.
Defenders of the Obama administration have said defending anti-gay laws such as DOMA sets a precedent that would prevent future administrations from allowing litigation against pro-laws to go unchallenged.
In an article about the future of litigation against “Don’t Ask, Don’t Tell,” Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, was quoted last week in Politico as suggesting the administration’s defense of the law in court would allow the federal hate crimes law to stay on the books.
“What happens when there’s a legal challenge to, say, hate crimes [law] in a next administration, a possible Republican administration?” Sarvis reportedly said. “Will they defend the federal statute?”
Swislow expressed similar beliefs that defending DOMA would set a precedent for subsequent administrations that could be hostile to LGBT rights.
“We expect them to defend this case and we’re not mad at them for defending this case, and, yes, the process of the Justice Department — that mandate, really — to defend the law can help us,” she said.
But Socarides scoffed at the notion that defending laws like DOMA would keep pro-gay laws safe under future administrations.
“I know that a lot of people make it in defense of the administration, but to me, it’s an entirely ludicrous argument,” Socarides said. “That argument turns all logic on its head. We’re not going to defend civil rights because some day the Republicans may choose not to defend civil rights.”
In another respect, appealing the lawsuits to the First Circuit could be beneficial to same-sex couples throughout New England because the higher court has jurisdiction over more states.
A favorable ruling at the First Circuit could invalidate part of DOMA for not just married same-sex couples in Massachusetts, but also couples living in Connecticut, Vermont and New Hampshire.
Swislow said an appeal of the DOMA cases is “really in our interest” because a victory only at the district court level would “only affect our particular plaintiffs” and not anyone else.
“It’s much better, in fact, to have the case appealed so that the victory in the appellate court … affects the First Circuit [and] a victory in the Supreme Court affects the whole country,” she said.
Doug NeJaime, a gay law professor at Loyola Law School, also said an appeal in the GLAD case could be beneficial to married same-sex couples across the nation because of the strong case made by plaintiffs.
“This is a very carefully and limited challenge seeking some federal recognition of married same-sex couples, but only affecting states where couples are allowed to actually enter into marriages that are recognized,” NeJaime said. “So, I think this would actually be a good issue to have work its way up the appellate chain.”
Still, Socarides said the Obama administration shouldn’t be considered a friend to the LGBT community for appealing the lawsuits because the president hasn’t said he’s appealing them for the purpose of having a stronger ruling.
“If the United States came back and said we believe this is unconstitutional, but we’re going to appeal it because we want a ruling from a court of appeals declaring it unconstitutional, that would be terrific, but they don’t say that, do they?” he said.
(Obama photo is a Blade file photo by Michael Key)
National
Blade reporters reflect on covering Pulse massacre 10 years ago
Orlando stepped up to comfort and support its LGBTQ community
Friday marks 10 years since a gunman killed 49 people inside the Pulse nightclub in Orlando, Fla.
The massacre, which, at the time was the deadliest mass shooting in modern U.S. history, left the LGBTQ community in this country and around the world reeling. It also prompted renewed calls for gun control.
The OnePulse Foundation, which Pulse owner Barbara Poma founded after the massacre, raised upwards of $20 million for a memorial that never materialized.
The city of Orlando in 2023 purchased the Pulse property for $2 million. Crews earlier this year demolished the former nightclub. The city of Orlando has pledged $12 million for a permanent memorial that is scheduled to open in 2027.
Washington Blade Editor Kevin Naff and International News Editor Michael K. Lavers reported from Orlando in the days after the massacre. Here are their reflections a decade later.
Describe the scene when you arrived in Orlando. Where did you go first?
NAFF: Most mainstream reporters headed for the Pulse nightclub, but it was already roped off with police keeping bystanders at least a full city block away. Instead, I hurried to The Center, Orlando’s LGBTQ community center, downtown. I expected to find it locked down with tight security but instead the doors were flung open and everyone inside was busy at work. No tears, just dedicated staff and volunteers working the phones to secure visas and free plane tickets for relatives of the victims. The director gave me a tour and in the back storage room were pallets and pallets of bottled water stacked to the ceiling. When I asked what all the water was for, he said the city had issued a call for blood donations and the lines to donate were 1,500 deep in 100-degree heat. So The Center drove around to all the sites to deliver water to all those standing in line.
That scene was so inspiring and a testament to the strength and resiliency of the LGBTQ community. We’d seen tragedy before and knew how to respond.
LAVERS: I arrived in Orlando about 14 hours after the massacre took place. The city was shellshocked.
Equality Florida, the state’s LGBTQ advocacy group, and other organizations held a press conference at The Center shortly after my flight from D.C. landed. I drove there from the airport. Terry DeCarlo, who was The Center’s executive director at the time, along with then-Equality Florida Executive Director Nadine Smith and others spoke on behalf of a community that was reeling. The Center at the press conference handed out business cards that read, “You matter.” I had it in my wallet when I drove to a makeshift memorial that was a block from Pulse — the police had cordoned off the area immediately around the nightclub. A local resident who I interviewed told me that she did not know if her friends who were at Pulse when the gunman opened fire survived. Another person with whom I spoke shared a similar story.
A torrential downpour began shortly after I arrived. The storm was an apt metaphor for the raw emotion of that horrific day.
What’s your most prominent memory of covering the Pulse massacre?
NAFF: I was covering a vigil in downtown Orlando when then-Florida Gov. Rick Scott’s motorcade arrived unannounced. To that point, he had not addressed the LGBTQ angle and seemed to be downplaying the fact that this was an attack on our community. I hurried to the front row as he held an impromptu news conference. To my dismay, he took only three short questions from TV reporters then rushed away. I grabbed his communications director and insisted that Scott take a question from the LGBTQ media. She agreed and told me to wait next to the SUV. When Scott approached, I asked him, “What is your message to LGBTQ Floridians?”
To my surprise, he sputtered, stammered, and broke into tears before telling me, “This was an attack, what else can you say? This was an attack against the gays, an attack against Hispanics, an attack against our country, our nation and it’s disgusting. The biggest thing we do now is ask how to make sure this doesn’t happen again.”
It was his first public acknowledgment that the LGBTQ community was the target of the attack.
LAVERS: Two moments stand out for me.
The first moment is when then-President Barack Obama and then-Vice President Joe Biden traveled to Orlando on June 16, four days after the massacre. I was one of the reporters who the White House asked to be part of the local press pool. I was about 50 feet away from Obama and Biden when they placed bouquets with 49 flowers — one for each of the victims — at a makeshift memorial between City Hall and the Dr. Phillips Center for the Performing Arts in downtown Orlando. Obama in remarks he made to the press pool mentioned one of the gay victims who had once said, “We cannot be afraid.” The emotions of the last four days simply became too much, and I broke down. Another reporter who was part of the press pool who was standing next to me realized I had broken down. She put her hand on my back to console me.
The second moment came a few weeks later when I was in Puerto Rico to cover the community’s response to the massacre and to interview victims’ relatives. Orlando has a very large Puerto Rican community, and nearly half of those who died at Pulse were of Puerto Rican descent.
I drove to Caguas, a city that is roughly 20 miles south of San Juan, the island’s capital, on July 7, and interviewed Aida Velázquez in her small apartment. Her son, Frankie “Jimmy” de Jesús, died at Pulse. Aida talked about her son, and she showed me pictures of him. Jimmy also danced Jíbaro, a Puerto Rican folk dance. The interview took place less than a month after the massacre — Jimmy’s funeral took place in Caguas less than two weeks earlier.
I sat in my car after the interview and sobbed uncontrollably for nearly five minutes. Nothing can possibly prepare you for interviewing a mother who had just lost her child in the most horrific way possible.
How did the local community respond and what about their response gave you hope or inspiration?
NAFF: In addition to the staff at The Center working to assist victims and their families, everyday Orlando residents stepped up to help however they could. At the downtown vigils, straight mothers and fathers carried signs offering hugs to anyone who needed them. I encountered a group of young teenage males who approached a group of law enforcement officers and appeared to perform for them. When they finished, I asked what they were doing and they told me that they were straight friends who lived in Orlando and wanted to do something to help so they composed an uplifting rap song and walked around performing it for anyone who needed cheering up.
LAVERS: The way that Orlando rallied around the LGBTQ community was simply inspiring.
Imam Muhammad Musri, president of the Islamic Society of Central Florida, at a memorial service that took place at the Dr. Phillips Performing Arts Center on June 13 said his organization was “united as Americans when it comes to standing with the LGBT community and their rights to live freely and to practice their lives here.” This comment underscored the outpouring of support that Orlando showed its LGBTQ community after Pulse. It was also a call for the better angels among us to reject hate in all of its forms.
What surprised you most about the experience?
NAFF: I was most surprised — and moved — after talking to Rev. Debreita Taylor of Oasis Fellowship Ministries, an LGBTQ-affirming ministry.
“My message is love. Period. Love. Period. There’s nothing in the word of God that faith leaders can go to that teaches hate,” she told me. “Have faith and believe that evil and hate can be eradicated one person at a time. How do you treat someone? How do you embrace someone who treats you wrong? We all bleed, laugh, hope and have great victories and major defeats. And so, you know me, even if you don’t know my name — I’m you.”
LAVERS: It admittedly took me quite a while to fully process what I experienced in Orlando — I was focused on doing my job as a reporter, which was to cover the story, and, most importantly, show the human impact of what had happened. I suppose one surprising aspect of the time I spent in Orlando was that I found myself feeling more defiant against those who seek to destroy our community. They want us to live in fear, and I refuse to give them that satisfaction.
What, if anything, changed as a result of Pulse?
NAFF: In the immediate aftermath of the attack, queer spaces began rethinking their approach to security, which has served us well in the years since. Sadly, just a year later, Pulse was bumped to the No. 2 deadliest mass shooting in U.S. history when a gunman opened fire on the Route 91 Harvest music festival in Las Vegas, killing 60 people. Americans and their politicians never learn from these largely preventable tragedies. The carnage continues.
LAVERS: Gun violence remains a shameful scourge in this country. Our community remains vulnerable to violence and discrimination. President Donald Trump, Vice President JD Vance, and other politicians here in Washington, around the country, and overseas continue to use our community to advance an anti-equality agenda. The carnage continues, as my colleague correctly notes, but our community remains strong and defiant. That gives me hope.
National
Queen Jean is Tony’s first transgender winner
Designer/activist wins for work on ‘Cats: The Jellicle Ball’
It was a historic night at the 79th annual Tony Awards on Sunday as Queen Jean won the award for Best Costume Design of a Musical, making her the first out transgender person to win a Tony.
“This experience has been monumental. We are here for the legacy of queer people, trans people,” she said. “We are taking up space in ways we have to take up space. We have to shift the paradigm. So I just want to say, thank you all so much for this incredible honor. The world right now is deeply, deeply combating so many ailments, and we know as a society that when we come together, we can make real, permanent change.”
She won the award for her work on “Cats: The Jellicle Ball” and was also nominated for best costume design of a play for “Liberation.”
In addition to her stage work, Queen Jean is the founder of Black Trans Liberation, an organization that supports trans and gender-nonconforming people in New York City.
National
Madonna turns Times Square into massive dance floor
Pop icon celebrates Pride month with surprise performance
Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.
She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”
In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream.
PHOTOS: The Audacity Brunch
D.C. Council approves expanded grant funding for Mayor’s Office of LGBTQ Affairs
Congressional Cemetery hosts Gays & Graves
Baltimore Pride is here
Calendar: June 12-18
‘Mighty Real’ explores history of LGBTQ music
D.C.’s housing reality: Cautious optimism meets landlord strain
Hundreds of thousands expected to attend D.C. Pride events
PHOTOS: Pride Run
