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Carney on DOMA: ‘The administration had no choice’

Says legal issues required the administration to stop defending law

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White House Press Secretary Jay Carney (Blade photo by Michael Key)

White House Press Secretary Jay Carney on Wednesday emphasized the Obama administration “had no choice” in deciding to no longer defend the Defense of Marriage Act in court because of legal issues surrounding new litigation against the statute.

Under questioning from the Washington Blade, Carney noted the new DOMA lawsuits — Pedersen v. Office of Personnel Management and Windsor v. United States — are unique because there’s no legal precedent for handling laws relating to sexual orientation in the Second Circuit, where the cases are pending.

“The administration had no choice,” Carney said. “It was under a court-imposed deadline to make this decision. This case in the Second Circuit was unique in that it lacked the precedent upon which to defend the Defense of Marriage Act in the way that this administration defended it in previous cases, and therefore, required this decision on its constitutionality, and we had to act because of the deadline.”

The Obama administration had until March 11 to respond in court to the Pedersen case, filed by Gay & Lesbian Advocates & Defenders, and the Windsor case, filed by the American Civil Liberties Union. Both lawsuits were initiated in November.

Carney maintained the president’s position on DOMA “has been consistent” and said he’s “long opposed it as unnecessary and unfair.” Full repeal of DOMA was among Obama’s campaign promises in 2008.

Still, Carney maintained the U.S. government will remain a party to the DOMA cases to allow them to proceed and help facilitate efforts from Congress to defend the statute if lawmakers desire to do so.

“The administration will do everything it can to assist Congress if it so wishes to do that,” Carney said. “We recognize and respect that there are other points of view and other opinions about this.”

Carney also emphasized the Obama administration would continue enforcement of DOMA. Asked whether there could be any outcome at the district or appellate level that would prompt the president to discontinue enforcement of the statute, Carney replied, “You’re asking me to speculate. I would also note that the president is obligated to enforce the law.”

Asked by the Associated Press whether this decision is related to the president’s position on same-sex marriage, Carney said Obama’s position on marriage rights for gay couples is “distinct from the legal decision.” Obama has said he’s “wrestling” with the idea of same-sex marriage and suggested his position could evolve, but hasn’t yet endorsed marriage equality.

“I would refer you just to his fairly recent statements on that,” Carney said. “He’s grappling with the issue, but he, again, I want to make the distinction between his personal views, which he has discussed, and the legal issue, the legal decision that was made today.”

Carney also responded to a statement from the U.S. House Speaker John Boehner’s (R-Ohio) office criticizing the decision. In a statement to the Blade, Boehner spokesperson Michael Steel wrote, “While Americans want Washington to focus on creating jobs and cutting spending, the President will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation.”

In response, Carney said the president is indeed focused on economic growth and job creation even as he makes the new decision on defending DOMA.

“We are also absolutely focused and committed on these key issues of economic growth and job creation, and we are now anticipating that this will move to the courts and the courts will decide,” Carney said. “And meanwhile, we will continue to focus on job creation and economic growth and ‘Winning the Future.'”

Carney deferred to the Justice Department in response to a question on whether the decision applies to all present and future cases or if the administration won’t defend DOMA in only the four currently pending cases — the new litigation in the Second Circuit and Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health & Human Services, which are pending before the First Circuit.

“My understanding is that because of the decision about the constitutionality of DOMA, and the position that the administration has taken, we will no longer defend DOMA going forward,” Carney said.

A partial transcript of Carney’s remarks on the DOMA announcement follows:

Associated Press: Could you walk us through on how the president’s position on the Defense of Marriage Act has evolved and how he came to the decision over at the Justice Department to no longer defend its constitutionality?

Jay Carney: Yes. The president’s position on the Defense of Marriage Act has been consistent. He has long opposed it as unnecessary and unfair.

Separate from that, or distinct from that, is the decision that was announced today, which was brought on by a court imposed deadline by the Second Circuit that required a decision by the administration about whether or not this case should require heightened scrutiny, heightened constitutional review, because this unlike the other cases in other circuits, there was no precedent, no foundation on which the administration could defend the Defense of Marriage Act in this case.

Therefore, it had to basically make a positive assertion about its constitutionality. The attorney general recommended that higher level of scrutiny be applied, and under that higher level of scrutiny, deemed or recommended it be viewed as unconstitutional.

The president reviewed that recommendation and concurred. Therefore, again because of the court-imposed deadline and the necessity that this decision be made, our announcement was made.

AP: But, in making that decision, is the president saying that he believes that marriage does not necessarily have to be between one man and one woman — that that cannot be constitutionally imposed?

Carney: The president’s personal view on same-sex marriage I think you all have heard him discuss as recently as the press conference at the end of last year. That is distinct from this legal decision and he — again, the attorney general and the president — were under a court-imposed deadline to make a decision in this case, and they did.

And the president — let me make a couple of points about it — the decision is that we will — the administration will not defend the Defense of Marriage Act in the Second Circuit. Furthermore, the president directed the attorney general not to defend — because of the decision that it is not constitutional — defend the Defense of Marriage Act in any other circuit in any other case.

Let me also make clear, however, that the administration that the United States government will still be a party to those cases in order to allow those cases to proceed, so that the courts can make a final determination about its constitutionality and also so that other interested parties are able to take up the defense of the Defense of Marriage Act if they so wish, in particular, Congress or members of Congress who want to proceed and defend the law in these cases. The administration will do everything it can to assist Congress if it so wishes to do that. We recognize and respect that there are other points of view and other opinions about this.

It is also important to note that the enforcement of the Defense of Marriage Act continues. The president is constitutionally bound to enforce the laws and enforcement of the DOMA will continue.

AP: This raises questions given the president has said his own personal position is evolving. Can you tell us where his position on gay marriage stands at this point?

Carney: I would refer you just to his fairly recent statements on that. He’s grappling with the issue, but he, again, I want to make the distinction between his personal views, which he has discussed, and the legal issue, the legal decision that was made today.

Let me move on.

Washington Blade: Jay, I got a few questions for you on the DOMA decision. Just — what kind of reaction are you expecting from Congress as a result of this decision and what is the administration doing to prepare for that?

Carney: Tell me again, I’m sorry, what kind of reaction?

Blade: — are you expecting from Congress. Any sort of backlash from Congress — what are doing to prepare for that?

Carney: I don’t want to speculate about how members of Congress might react. We have, I believe, and if you haven’t seen these,  you should, the attorney general has both put out a statement and there’s a notification or a letter to Congress that explains the course of action that’s being taken, but beyond that I don’t — I wouldn’t want to speculate.

Blade: I got a statement from Speaker Boehner’s office on this issue. This is from their press office: “While Americans want Washington to focus on creating jobs and cutting spending, the president will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation.” What’s your response to that?

Carney: Well, I would say simply as I said in the beginning. The administration had no choice. It was under a court-imposed deadline to make this decision. This case in the Second Circuit was unique in that it lacked the precedent upon which to defend the Defense of Marriage Act in the way that this administration defended it in previous cases, and therefore, required this decision on its constitutionality, and we had to act because of the deadline.

We are also absolutely focused and committed on these key issues of economic growth and job creation, and we are now anticipating that this will move to the courts and the courts will decide. And meanwhile, we will continue to focus on job creation and economic growth and “Winning the Future.”

Blade: Just to be clear, just to be clear — will this decision — does it just apply to the four pending lawsuits on DOMA or does it apply to any and every lawsuit for DOMA in the future?

Carney: I would refer you — I’m not a lawyer — but I would refer you to the Justice Department. My understanding is that because of the decision about the constitutionality of DOMA, and the position that the administration has taken, we will no longer defend DOMA going forward. We will, however, continue to enforce it and we will continue to be participants in the cases to allow those cases to continue and be resolved, and so that Congress or members of Congress can pursue the defense if they so desire.

Blade: One last question. One last question. Is there any outcome at the district or appellate level that would persuade the Obama administration to volunteer discontinuing enforcement of DOMA throughout the nation?

Carney: You’re asking me to speculate. I would also note that the president is obligated to enforce the law.

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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