National
Carney on DOMA: ‘The administration had no choice’
Says legal issues required the administration to stop defending law

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.
U.S. Supreme Court
Nine trans activists arrested outside Supreme Court
Gender Liberation Movement organized demonstration against Skrmetti ruling

On Friday afternoon, nine transgender organizers and allies were arrested on the steps of the U.S. Supreme Court for blocking the street and protesting the recent U.S. v. Skrmetti ruling.
The ruling, decided 6-3 by the conservative majority on Wednesday, upheld Tennessee’s ban on gender-affirming care for minors. The decision will allow states to pass laws restricting gender-affirming care for minors and further minimizes bodily autonomy.
The nine arrested were part of a larger group of more than 30 protesters wearing colors of the trans Pride flag— pink, blue, and white, — standing outside of the nation’s highest court. Organizers unfurled large cloths in pink, blue, and white, shared personal testimonies about how their gender-affirming care was a matter of life and death, released pink and blue smoke, and saw nine trans participants take their hormone replacement therapy.
The protest was led by the Gender Liberation Movement, an organization that “builds direct action, media, and policy interventions centering bodily autonomy, self-determination, the pursuit of fulfillment, and collectivism in the face of gender-based sociopolitical threats.” Among the nine arrested was GLM co-founder Raquel Willis.
Before being arrested, Willis spoke to multiple media outlets, explaining that this decision was an overreach of power by the Supreme Court.
“Gender-affirming care is sacred, powerful, and transformative. With this ruling in U.S. v. Skrmetti, we see just how ignorant the Supreme Court is of the experiences of trans youth and their affirming families,” said Willis. “Everyone deserves the right to holistic healthcare, and trans youth are no different. We will continue to fight for their bodily autonomy, dignity, and self-determination just like previous generations. No court, no law, no government gave us our power, and none can take it away.”
GLM co-founder Eliel Cruz also spoke to media outlets about the Skrmetti ruling, calling it “a historical moment of fascist attacks,” and encouraged the LGBTQ community to “organize and fight back.”
“As a cisgender man, I stand in solidarity with the trans community during these escalating attacks on their safety, well-being, right to exist in this world, and ability to live a future free of violence,” Cruz said. “I’m enraged at the Supreme Court’s decision to uphold a ban on gender-affirming care for youth. My heart hurts for the families and young people who this will negatively impact and harm.”
The Washington Blade reached out to Capitol Police for comment.
A spokesperson said the nine activists were arrested for violating D.C. Code §22-1307 — “Crowding, Obstructing, or Incommoding” — on First Street, N.E., after receiving three warnings.
National
FDA approves new twice-yearly HIV prevention drug
Experts say success could inhibit development of HIV vaccine

The U.S. Food and Drug Administration (FDA) on June 18 approved a newly developed HIV/AIDS prevention drug that only needs to be taken by injection once every six months.
The new drug, lenacapavir, which is being sold under the brand name of Yeztugo by the pharmaceutical company Gilead Sciences that developed it, is being hailed by some AIDS activists as a major advancement in the years-long effort to end the HIV/AIDS epidemic in the U.S. and worldwide.
Although HIV prevention drugs, known as pre-exposure prophylaxis medication or PrEP, have been available since 2012, they initially required taking one or more daily pills. More recently, another injectable PrEP drug was developed that required being administered once every two months.
Experts familiar with the PrEP programs noted that while earlier drugs were highly effective in preventing HIV infection – most were 99 percent effective – they could not be effective if those at risk for HIV who were on the drugs did not adhere to taking their daily pills or injections every two months. Experts also point out that large numbers of people at risk for HIV, especially members of minority communities, are not on PrEP and efforts to reach out to them should be expanded.
“Today marks a monumental advance in HIV prevention,” said Carl Schmid, executive director of the D.C.-based HIV + Hepatitis Policy Institute, in a statement released on the day the FDA announced its approval of lenacapavir.
“Congratulations to the many researchers who spent 19 years to get to today’s approval, backed up by the long-term investment needed to get the drug to market,” he said.
Schmid added, “Long-acting PrEP is now not only effective for up to six months but also improves adherence and will reduce HIV infections – if people are aware of it and payers, including private insurers, cover it without cost-sharing as a preventive service.”
Schmid and others monitoring the nation’s HIV/AIDS programs have warned that proposed large scale cuts in the budget for the U.S. Centers for Disease Control and Prevention by the administration of President Donald Trump could seriously harm HIV prevention programs, including PrEP-related efforts.
“Dismantling these programs means that there will be a weakened public health infrastructure and much less HIV testing, which is needed before a person can take PrEP,” Schmid said in his statement.
“Private insurers and employers must also immediately cover Yeztugo as a required preventive service, which means that PrEP users should not face any cost-sharing or utilization management barriers,” he said.
In response to a request by the Washington Blade for comment, a spokesperson for Gilead Sciences released a statement saying the annual list price per person using Yeztugo in the U.S. is $28,218. But the statement says the company is working to ensure that its HIV prevention medication is accessible to all who need it through broad coverage from health insurance companies and some of its own support programs.
“We’ve seen high insurance coverage for existing prevention options – for example, the vast majority of consumers have a $0 co-pay for Descovy for PrEP in the U.S. – and we are working to ensure broad coverage for lenacapavir [Yeztugo],” the statement says. It was referring to the earlier HIV prevention medication developed by Gilead Sciences, Descovy.
“Eligible insured people will get help with their copay,” the statement continues. “Gilead’s Advancing Access Copay Savings Program may reduce out-of-pocket costs to as little as zero dollars,” it says. “Then for people without insurance, lenacapavir may be available free of charge for those who are eligible, through Gilead’s Advancing Access Patient Assistance Program.”
Gilead Sciences has announced that in the two final trial tests for Yeztugo, which it describes as “the most intentionally inclusive HIV prevention clinical trial programs ever designed,” 99.9 percent of participants who received Yeztugo remained negative. Time magazine reports that among those who remained HIV negative at a rate of 100 percent were men who have sex with men.
Time also reports that some HIV/AIDS researchers believe the success of the HIV prevention drugs like Gilead’s Yeztugo could complicate the so-far unsuccessful efforts to develop an effective HIV vaccine.
To be able to test a potential vaccine two groups of test subjects must be used, one that receives the test vaccine and the other that receives a placebo with no drug in it.
With highly effective HIV prevention drugs now available, it could be ethically difficult to ask a test group to take a placebo and continue to be at risk for HIV, according to some researchers.
“This might take a bit of the wind out of the sails of vaccine research, because there is something so effective in preventing HIV infection,” Time quoted Dr. David Ho, a professor of microbiology, immunology, and medicine at New York’s Columbia University as saying.
National
Activists rally in response to Supreme Court ruling
‘We won’t bow to hatred: we outlive it’

Politicians, LGBTQ activists, and allies gathered at the Lutheran Church of the Reformation in the Capitol Hill neighborhood of Washington, D.C. on Wednesday following the ruling by the United States Supreme Court in the case of U.S. v. Skrmetti. The Supreme Court upheld a Tennessee ban on gender-affirming healthcare for transgender adolescents in a 6-3 decision.
A rally outside the U.S. Supreme Court was called for by the American Civil Liberties Union, Lambda Legal and other organizations following the high court ruling on Wednesday. However, due to a thunderstorm and flood watch, the scores of activists who were to attend the rally were directed to a Lutheran church down the street from the court. Undeterred, activists and community leaders were joined by U.S. Senators Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.) for an indoor rally at the church.
“We know that freedom is not inevitable,” Markey told the crowd. “It is fought for by people who said ‘no’ in the face of health cuts, ‘no’ in the face of discrimination, ‘no’ in the face of invasive laws that ban life-saving and life-affirming healthcare and ‘no’ to this anti-justice, anti-freedom agenda.”
Also speaking at the rally was Deirdre Schifeling, chief political advocacy officer of the National ACLU.
“We believe transgender rights matter,” Schifeling stated. “Transgender kids matter and deserve love, support and the freedom to shape their own futures. I am still processing how the Supreme Court could disagree with such an obvious truth.”
“Today’s ruling shows us that unfortunately these attacks on our freedom will not end here,” Schifeling continued. “The Trump administration and extremist politicians across the country are continuing to target our right — our human right — to control our own bodies.”
“If politicians think that we are going to sit back and be defeated, that we are going to let them strip our rights and freedoms away without a fight, they’ve got another think coming,” Schifeling said. “We will never back down. We will never back down or give up. We will organize, we will mobilize and we will fight to protect trans rights in our communities, in our legislatures, in our elections, and in court rooms across the country.”

“Today, the highest court in this land decided that the bodily autonomy of trans youth, specifically trans youth of Tennessee and states with bans harming youth across the country do not matter,” said trans advocate Hope Giselle-Godsey.
“The opponents of trans equality think that today is a victory, but history will remember it as a moment that sharpened us and not silenced us,” Giselle-Godsey continued.
“So yes, today we grieve for the people in those states where those bans exist, but we grieve in motion,” Giselle-Godsey said. “To the system that thinks that it won today, just like every other time before: you will lose again. Because we won’t bow to hatred: we outlive it. We out-organize it. We out-love it. We are still here and we are not finished yet.”

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