National
Legal experts disagree over Obama action on ‘Don’t Ask’
Does Oath of Office force presidents to defend all laws?
Nan Hunter, a Georgetown University law professor and prominent gay rights attorney, says President Obama has done the right thing in appealing a decision by a federal judge that overturned the ‘Don’t Ask, Don’t Tell’ law.
Hunter’s view contradicts the position of nearly all national LGBT rights groups, which have urged Obama not to appeal the decision. But she is joined by a number of other legal and constitutional experts who oppose ‘Don’t Ask, Don’t Tell’ but believe U.S. presidents are obligated to defend laws passed by Congress under most circumstances.
“I think the president, through the Justice Department, should defend federal laws, including this one,” Hunter said. “Otherwise you just get way too much. You get the president being able to ignore laws that are passed by Congress, and that’s not a good situation.”
Hunter cautioned LGBT activists that dismantling the longstanding tradition that presidents should defend duly enacted laws — even unpopular ones — could result in the refusal by a different president to enforce laws beneficial to LGBT people.
Other legal experts, including constitutional specialists with the American Civil Liberties Union and the LGBT litigation group Lambda Legal, agree that presidents generally should defend federal laws. But they say the obligation to defend a law should not apply to cases where strong evidence exists that the law is unconstitutional and a court issues a ruling overturning the law on constitutional grounds.
“The ACLU recognizes the Executive’s duty to ‘take care that the laws be faithfully executed,’” said ACLU Executive Director Anthony Romero in an Oct. 14 open letter to Attorney General Eric Holder.
“This duty includes the responsibility to defend Acts of Congress in court, provided there is at least a reasonable argument in favor of the Act’s constitutionality,” Romero said. “At the same time, the Executive is duty bound to ‘preserve, protect and defend the Constitution of the United States,’ which guarantees that no person is ‘deprived of life, liberty or property without due process of law.’”
Romero noted that U.S. District Court Judge Virginia Phillips in California ruled in September that the ‘Don’t Ask, Don’t Tell’ law is unconstitutional on those same grounds.
“The question is no longer whether the Executive will defend an Act of Congress, but whether the Executive will appeal from a well-reasoned, obviously correct federal court ruling based on findings of fact that are exceedingly unlikely to be reversed,” he said in his letter.
“Given these findings and the proper legal standard of review to be applied, there is no reasonable argument for the constitutionality of the policy, and no reason for the government to appeal,” he said.
Hunter, who personally opposes ‘Don’t Ask, Don’t Tell,’ said following that course could become a “political disaster” that prompts a possible Republican Congress next year to take action to reinstate the law or attempt to force the president to continue to enforce it.
A far better course of action, according to Hunter, would be for the administration to appeal the decision and use a careful, strategic approach to presenting its arguments before the appeals court.
“There are many, many possibilities for how the administration could respond,” she said. “It could respond by filing the appeal so that the case goes to the appeals court and then making arguments that represent the president’s view that it’s a bad law…And then the court of appeals will decide, and that will have much more authority than one District Court judge.”
Susan Sommer, director of constitutional litigation for Lambda Legal, says Obama should not have appealed Judge Phillip’s decision to overturn ‘Don’t Ask, Don’t Tell.’
“It’s really a shame that the Obama administration is appealing this decision,” Sommer said. “The president is in no position to appeal a decision on a policy that the courts say is unconstitutional. He has an obligation to uphold the Constitution.”
Sommer said she agrees that Obama has an obligation to uphold laws as well as the Constitution.
“But he does not have an obligation to defend a statute whose constitutionality is being challenged in court,” she said. “There have been precedents of a president not defending a law under court challenge. The Justice Department exercises discretion all the time on whether to take cases or not, both civil and criminal.”
David Rittgers, legal policy analyst for the Cato Institute, a libertarian think tank, and an attorney with the Army Reserves, called the ‘Don’t Ask, Don’t Tell’ case a “unique situation” that involves all three branches of the federal government.
Saying he’s speaking for himself and not the Army, Rittgers said he sides with those who believe the president should defend laws, including this one.
“Congress ultimately has to answer this question,” he said. “This will not be a settled issue until Congress acts. This is constitutionally within the realm of Congress.”
Susan Low Bloch, a Georgetown University law professor who specializes in constitutional law, said presidents have refused to enforce laws or chosen not to appeal court decisions overturning them mostly in cases where the law interferes with the president’s or the executive branch’s ability to carry out its duties.
“That’s not the situation with ‘Don’t Ask, Don’t Tell,’” she said. “And that’s why it’s not at all surprising to me that the administration has chosen to defend the law, even though they don’t like it. The way to get rid of it is to undo it the proper way—to get Congress to undo it.”
“Now if the court strikes it down, I’m sure behind the scenes the president will be very happy. But he’s not supposed to go into court and undermine it,” she said.
Asked whether she believes a president should wait for the Supreme Court to strike down a law before he or she can stop enforcing it, Bloch said, “Yes, that’s right.”
“People really shouldn’t be surprised at this course because … clearly this is the way the system has worked and I think should work,” she said.
(Obama photo by Michael Key)
Puerto Rico
Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga
Puerto Rican activist celebrates half time show
Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.
Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.
“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”
La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.
“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”
National
Human Rights Watch sharply criticizes US in annual report
Trump-Vance administration ‘working to undermine … very idea of human rights’
Human Rights Watch Executive Director Philippe Bolopion on Wednesday sharply criticized the Trump-Vance administration over its foreign policy that includes opposition to LGBTQ rights.
“The U.S. used to actually be a government that was advancing the rights of LGBT people around the world and making sure that it was finding its way into resolutions, into U.N. documents,” he said in response to a question the Washington Blade asked during a press conference at Human Rights Watch’s D.C. offices. “Now we see the opposite movement.”
Human Rights Watch on Wednesday released its annual human rights report that is highly critical of the U.S., among other countries.
“Under relentless pressure from U.S. President Donald Trump, and persistently undermined by China and Russia, the rules-based international order is being crushed, threatening to take with it the architecture human rights defenders have come to rely on to advance norms and protect freedoms,” said Bolopion in its introductory paragraph. “To defy this trend, governments that still value human rights, alongside social movements, civil society, and international institutions, need to form a strategic alliance to push back.”

The report, among other things, specifically notes the U.S. Supreme Court’s Skrmetti decision that uphold a Tennessee law banning gender-affirming medical interventions for minors.
The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the U.N. Human Rights Council. Bolopion in response to the Blade’s question during Wednesday’s press conference noted the U.S. has also voted against LGBTQ-inclusive U.N. resolutions.
Maria Sjödin, executive director of Outright International, a global LGBTQ and intersex advocacy group, in an op-ed the Blade published on Jan. 28 wrote the movement around the world since the Trump-Vance administration took office has lost more than $125 million in funding.
The U.S. Agency for International Development, which funded myriad LGBTQ and intersex organizations around the world, officially shut down on July 1, 2025. The Trump-Vance administration last month announced it will expand the global gag rule, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services, to include organizations that promote “gender ideology.”
“LGBTQ rights are not just a casualty of the Trump foreign policy,” said Human Rights Watch Washington Director Sarah Yager during the press conference. “It is the intent of the Trump foreign policy.”
The report specifically notes Ugandan authorities since the enactment of the country’s Anti-Homosexuality Act in 2023, which punishes “‘carnal knowledge’ between people of the same gender” with up to life in prison, “have perpetrated widespread discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) people, their families, and their supporters.” It also highlights Russian authorities “continued to widely use the ‘gay propaganda’ ban” and prosecuted at least two people in 2025 for their alleged role in “‘involving’ people in the ‘international LGBT movement’” that the country’s Supreme Court has deemed an extremist organization.
The report indicates the Hungarian government “continued its attacks on and scapegoating of lesbian, gay, bisexual, and transgender (LGBT) people” in 2025, specifically noting its efforts to ban Budapest Pride that more than 100,000 people defied. The report also notes new provisions of Indonesia’s penal code that took effect on Jan. 2 “violate the rights of women, religious minorities, and lesbian, gay, bisexual, and transgender (LGBT) people, and undermine the rights to freedom of speech and association.”
“This includes the criminalization of all sex outside of marriage, effectively rendering adult consensual same-sex conduct a crime in Indonesia for the first time in the country’s history,” it states.
Bolopion at Wednesday’s press conference said women, people with disabilities, religious minorities, and other marginalized groups lose rights “when democracy is retreating.”
“It’s actually a really good example of how the global retreat from the U.S. as an actor that used to be very imperfectly — you know, with a lot of double standards — but used to be part of this global effort to advance rights and norms for everyone,” he said. “Now, not only has it retreated, which many people expected, but in fact, is now working against it, is working to undermine the system, is working to undermine, at times, the very idea of human rights.”
“That’s definitely something we are acutely aware of, and that we are pushing back,” he added.
Maryland
4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy
Substitute teacher Kimberly Polk challenged regulation in 2024
A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.
The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.
The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”
“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”
The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”
U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.
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