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Two new lawsuits target DOMA

GLAD, ACLU argue no ‘legitimate reason’ for statute

Published

16 years ago

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LGBT rights groups are continuing efforts to strike down the Defense of Marriage Act with two new federal lawsuits challenging the constitutionality of the statute.

On Tuesday, Gay & Lesbian Advocates & Defenders and the American Civil Liberties Union filed two separate lawsuits against Section 3 of DOMA, which prohibits the federal government from recognizing same-sex marriage.

Mary Bonauto, GLAD’s civil rights project director, said Tuesday in a conference call with reporters that the federal government has no valid reason to engage in the regulation of marriage.

“We think there’s no legitimate reason whatsoever for the federal government to take one group of people who are already married and treat them differently from every other married couple,” she said.

Bonauto added that the authority to determine who can marry in the United States has traditionally been left to the states and said DOMA is the only federal law in U.S. history “that puts the federal government in the marriage business.”

The cases contend that DOMA violates the equal protection rights of same-sex couples under the U.S. Constitution.

James Esseks, director of the ACLU’s lesbian, gay, bisexual transgender and AIDS project, said DOMA is unconstitutional because the U.S. government “defers to state’s determination of whether a couple is married in every single context except when the couple is a same-sex married couple.”

“In that case, the federal government pretends that the couple isn’t married, but instead are strangers one to the other,” Esseks said. “That’s discrimination, and it violates the Constitution’s equal protection guarantee.”

The GLAD lawsuit, known as Pedersen v. Office of Personnel Management, is pending before the U.S. District Court of Connecticut and was filed on behalf of five married same-sex couples and a widower who reside in Connecticut, Vermont and New Hampshire.

Each of the plaintiffs was denied the federal benefits of marriage in one respect or another, such as Social Security or the right to care for a spouse under the Family Medical Leave Act.

Joanne Pedersen, 57 and a Waterford, Conn., resident, said she’s participating in the lawsuit because although she’s a retiree of the Department of Naval Intelligence, DOMA prohibits her from insuring her spouse and partner of 12 years, who has a chronic lung condition.

“The naval community treated Ann just like other spouses, except when it came to sharing my benefits,” Pedersen said. “We both have some serious health challenges, and Ann has chronic health issues that make working stressful and draining for her. But Ann can’t hope to retire because DOMA prevents us from sharing health benefits.”

The ACLU lawsuit, known as Windsor v. United States, is pending before the U.S. District Court of Southern District of New York and was filed on behalf of a New York resident who had to pay $350,000 in federal estate taxes to receive her spouse’s inheritance.

Edith Windsor was partnered with Thea Spyer for 44 years before Spyer died last year after a battle with multiple sclerosis. The two married in Canada in 2007 and their marriage was recognized by the state of New York.

“After Thea died, the fact that the federal government refused to recognize our marriage was devastating,” Windsor said in a statement. “In the midst of my grief at the loss of the love of my life, I had to deal with my own government saying that we weren’t a family.”

Now that the organizations have filed the suits, the U.S. government has 60 days to respond. The Justice Department didn’t immediately respond to the Blade’s request for comment, but has previously defended DOMA against other lawsuits.

Esseks noted the Justice Department has a few months to answer. With regard to the ACLU lawsuit, he said “it’s too early to talk in any meaningful way” about the timeline for the case.

For the GLAD lawsuit, Bonauto said she hopes the case would be resolved at the district court level within 12 to 15 months. She said she doesn’t think the litigation would go to the U.S. Supreme Court before 2013.

The two new lawsuits come on the heels of other rulings by the U.S. District Court of Massachusetts in July determining that Section 3 of DOMA is unconstitutional.

U.S. District Court Judge Joseph Tauro made the decisions in case of Gill v. Office of Personnel Management, which was also filed by GLAD, and Commonwealth of Massachusetts v. U.S. Department of Health & Human Services.

Following the district court’s decision to rule that part of DOMA is unconstitutional, the U.S. government appealed the cases to the U.S. First Circuit Court of Appeals, where the litigation is pending.

Bonauto said the additional GLAD lawsuit is necessary to continue to educate people about the “harms imposed by DOMA.” Additionally, she noted many of the plaintiffs in the Pedersen live in Vermont and Connecticut, which is in the Second Circuit, and wouldn’t be affected by a ruling in the First Circuit as a result of the Gill case.

“We are in a different federal judicial circuit here, so we have a chance to press once again the basic claim that DOMA is legally unconstitutional in terms of having a double-standard imposed only on gay and lesbian married couples,” Bonauto said.

If both the Gill and the Commonwealth cases reach the Supreme Court at the same time as justices take up the Pedersen case, Bonauto said she thinks the newer lawsuits could be combined with the older ones.

The filing of the lawsuits has inspired different reactions among advocacy groups that work on marriage. In a statement to the Blade, Maggie Gallagher, chair of the National Organization for Marriage, chided LGBT groups for continuing to challenge DOMA in the wake of Election Day results.

“After Tuesday’s election, in which gay marriage lost big, it’s pretty clear gay marriage advocates have failed to win the majority of Americans and so are turning once again to courts to impose views and values they’ve failed to persuade their friends, neighbors and fellow citizens to support,” she said.

But Joe Solmonese, president of the Human Rights Campaign, said in a statement that the litigation provides further evidence that DOMA is “not simply an abstract insult to the dignity of same-sex couples and their families — although it is indeed a deeply offensive law.”

“DOMA causes real harm to people like Joanne Pedersen, Ann Meitzen and Edie Windsor, denying them economic security, health coverage and other critical federal rights and benefits that other married couples take for granted,” Solmonese said.

One legal expert praised the GLAD and ACLU lawsuits for their potential in striking down DOMA. Nan Hunter, a lesbian and law professor at Georgetown University, said forecasting the outcome of any particular lawsuit is difficult, but said the way DOMA is challenged in these cases is “quite promising.”

“It allows the courts to rule on a law that changed the status quo by singling out only gays and reversing — only for that one group — the federal government position of recognizing all marriages that were valid under state law,” she said.

Hunter said the litigation strategy is similar to what was presented in Romer v. Evans, a 1996 case before the U.S. Supreme Court that overturned a Colorado ban on making gays a protected class in the state. Hunter recalled that in the Romer case, the high court “invalidated a state provision that singled out gays for having to meet a higher barrier in order to enact a civil rights law.”

CORRECTION: An earlier version of this article misspelled the name of the name of James Esseks. The Blade regrets the error.

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Texas

Pride In Dallas was a weekend of unabashed joy for Texas’s queer community

City came together to uplift its historic LGBTQ population

Published

2 days ago

on

October 15, 2026

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(Photo courtesy of Chad Mantooth)

Pride arrived for a second time this year in Dallas with the local community coming together for a few more days to uplift their LGBTQ neighbors. 

It was a weekend of fun inclusivity that this city is no stranger to; Dallas currently boasts the sixth-largest population of LGBTQ individuals in the U.S. While Texas at large has dealt with many discriminatory attacks, this city hasn’t faltered in showing off its unabashed pride. It isn’t without battle scars, of course, but this was a chance to remind not only residents, but the entire country: we are still here. Dallas’s LGBTQ population is currently louder and prouder than ever. And, as any of the many attendees will tell you, they plan to only get stronger — and so much more queer — every single day. 

While the weekend was stacked with a myriad of activities, ranging from charity drag shows to mural unveilings, the true highlight of the weekend was Oak Lawn Live. Inspired by Market Days — an annual Chicago festival where a chunk of the city becomes a queer street fair— the Cedar Springs Merchant Association developed this event as a sprawling sign of support for the local LGBTQ population. Hosted in the “gayborhood” of Oak Lawn, it featured multiple streets of vendors, special deals from the area’s many eateries, and performances from pop stars like Daya. Even under the day’s intense heat, these streets were filled with attendees excited to flaunt their pride, with Volunteer Organizer Peter Pepper emphasizing, “This event brings the community together and reminds people: [Oak Lawn] is not just a bunch of bars. This gay neighborhood exists as a place where people can feel safe. And so, above anything else, this event is meant to remind people that we exist as a gayborhood, and that we are here for people. It’s entertainment, it’s safety, it’s community, and it’s diversity.”

It was a mission that showed in every moment of Oak Lawn Live, whether you were fighting the heat while dancing at its many stages or keeping cool with friends at one of the participating restaurants. It was those restaurants, in fact, that revealed one of the best parts of this Pride In Dallas: how amazing it was for the local economy. Because while other celebrations would have nearby establishments shut down for the day, all the ones around Oak Lawn joined in on the LGBTQ-themed festivities with fun deals and activations. This was by design, said Lee Daugherty, owner of the Oak Lawn bar ‘Alexandre’s’ and member of the Cedar Springs Merchant Association. He explained, “The merchant association is designed to encourage economic impact.” 

“Not only to promote economic activity, but to make sure that businesses are promoted,” the man continued. “So they can reinvest in the community and stay here. Because a vacant storefront helps no one.” He detailed how queer residents have always shaped Dallas’s economy, one that the Association works to make inclusive and sustainable for all. It was a fact that made the entire celebration all the more meaningful, with folks understanding how the fun of this weekend would translate into better finances for queer people across the city. 

All of this combined to make the Saturday of Pride In Dallas a bright day for the countless LGBTQ folks in attendance. It was so exuberant, in fact, that even out-of-towners could feel it, with one of those being the iconic podcast host herself, TS Madison. Pride In Dallas power partner Unleashed LGBTQ, run by Wesley Smoot, arranged this fun podcast taping.

The trans actress and “RuPaul’s Drag Race” judge stopped by the celebration for a live taping of her renowned podcast, “Outlaws,” where she interviewed many of Dallas’s drag royalty. Known for her cutting honesty, it didn’t take long for TS to call out the elephant in the room — namely, how Texas has seen numerous attacks against the LGBTQ community in recent months. 

For non-locals, it may seem strange to have so many folks partying while there were active fights against their rights happening across the state. But Madison understood the importance of moments like these even amidst hardship, stressing, “There’s been so much going on, but we’re still here, celebrating pride … that means a lot to me, because what it lets me know is: our fight will never stop. We will never stop resisting. In the face of this political climate, in the face of turmoil, we will never, ever stop existing.”

With those words, she aptly characterized the joyous strength that came out in full force for Sunday’s Cedar Springs Pride Parade. While it only took up two streets — there was a larger parade hosted earlier this year — these blocks were packed with LGBTQ and allied locals alike. They all gathered behind the barricades, whooping in joy and stretching out their hands to the cavalcade of groups rolling by only a few feet away from them, with this parade perfectly encapsulating the communal joy of this city’s vibrant LGBTQ community. 

Suffice it to say, this past Pride In Dallas was one of the city’s best LGBTQ celebrations yet. It was a weekend of fun, of laughter, and an important reminder of the strength that happens when we join together. Because Dallas knows that things aren’t easy right now. But as long as we take the time for moments like this and remind ourselves why we continue to fight, this city, and the historic queerness it holds, will always be here — standing Texas strong.

Special thanks to Virgin Hotel Dallas for the perfect stay. From check-in to check-out, it was true style!

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National

Man charged in Mall of America shooting plot inspired by Pulse massacre: report

Suspect exchanged hundreds of messages, pledged loyalty to ISIS

Published

1 week ago

on

October 8, 2026

By

The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud with planning a crime of terrorism.

The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud, 18, of Richfield, Minn., on Oct. 7 with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism. Mohamud allegedly planned to carry out a mass-casualty attack in support of ISIS, inspired in part by the Pulse nightclub massacre that took place on June 12, 2016 when then-29-year-old Omar Mateen murdered 49 people and wounded 58 – one of the deadliest mass shootings in U.S. history, and the deadliest targeting the LGBTQ+ community. 

According to a DOJ statement release, Mohamud was arrested on Oct. 6 by the FBI, which had arranged to sell him an AK-47 assault rifle, magazines, and ammunition through an undercover FBI employee. Mohamud was arrested shortly after paying $600 in cash and taking possession of those items; he reaffirmed his intention to shoot people at the Mall of America during the transaction.

“Mohamud allegedly sought to carry out a mass-casualty shooting at the Mall of America, expressing a desire to emulate some of the most horrific ISIS-inspired attacks in the United States, including the atrocities at Pulse Nightclub and 2025 New Year’s Day attack in New Orleans,” said Assistant Attorney General for National Security John A. Eisenberg in the statement by the DOJ. “The National Security Division will continue to work closely with the FBI and Joint Terrorism Task Force to track down and prosecute ISIS-inspired terrorists in the United States.”

According to the complaint, beginning on or about December 2024, Mohamud had exchanged hundreds of messages through multiple social media and messaging apps with a confidential source, and expressed a desire to travel to Somalia to join a designated foreign terrorist organization to fight on their behalf.

The defendant stated many times that if he was unable to travel overseas because of a lack of funds, he planned to carry out a mass-casualty event in Minnesota in support of ISIS. 

According to the DOJ, “In July 2026, Mohamud sent messages discussing his intent to carry out a mass-casualty shooting attack at the Mall of America because he claimed it was owned by Jews. He wrote that [he] wanted to kill 30 to 60 people so no one would go there.”

“During the course of his communications, Mohamud stated that he wanted to commit an attack similar to those of the Pulse Nightclub mass-shooting in Orlando, the Bondi Beach mass-shooting in Australia, and the New Year’s Day vehicle-ramming attack in New Orleans.”

This case is being prosecuted by Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Benjamin Bejar for the District of Minnesota.

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California

Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’

Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot

Published

1 week ago

on

October 8, 2026

By

(Screenshot of Steven Hilton ad)

Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and —  fill out a ballot voting for Steve Hilton? 

This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons. 

Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community. 

“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said. 

The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”  

Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies. 

Conservatives have also criticized the ad.

Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors. 

“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.” 

The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court. 

Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.

Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.

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