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Boehner convenes bipartisan panel to defend DOMA

Group can instruct House General Counsel to take legal action

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U.S. House Speaker John Boehner (Blade photo by Michael Key).

U.S. House Speaker John Boehner announced on Friday that he’s convening a meeting of a bi-partisan group of lawmakers to determine the best way forward for Congress to defend the Defense of Marriage Act in court.

“I will convene a meeting of the Bipartisan Legal Advisory Group for the purpose of initiating action by the House to defend this law of the United States, which was enacted by a bipartisan vote in Congress and signed by President Bill Clinton,” Boehner said in a statement.

The five-member group consists of the House speaker, the majority leader, the majority whip, the minority leader and the minority whip. According to the speaker’s office, the advisory group under House rules can instruct the non-partisan office House General Counsel to take legal action on behalf of the House.

Boehner’s office didn’t immediately respond to a request to comment on when the panel would meet or what possible outcomes of the meeting would be.

Last week, U.S. Attorney General Eric Holder announced that the Obama administration would no longer defend DOMA in court and sent a letter to Congress informing lawmakers of the Justice Department’s decision. The move left the decision on whether to continue defense DOMA in court to Congress. 

Litigation filed against the statute in the Second Circuit — where there’s no precedent for laws related to sexual orientation — allowed the administration to conclude the DOMA is unconstitutional and to call on the court to examine the law with heightened scrutiny.

In the statement, Boehner also took a dig at the Obama administration for changing its position on the constitutionality of DOMA when Americans want the government to focus on deficit reduction and job creation.

“It is regrettable that the Obama Administration has opened this divisive issue at a time when Americans want their leaders to focus on jobs and the challenges facing our economy,” Boehner said. “The constitutionality of this law should be determined by the courts — not by the president unilaterally — and this action by the House will ensure the matter is addressed in a manner consistent with our Constitution.”

A White House spokesperson didn’t respond to a request to comment on Boehner’s plans or his statement. Administration officials have said the new lawsuits filed against DOMA in the Second Circuit — Pedersen v. U.S. Office of Personnel Management and Windsor v. United States — forced the president’s hand to re-evaluate the constitutionality of the statute.

House Minority Leader Nancy Pelosi (D-Calif.) said DOMA has long raised consitutional questions — noting her vote against the measure on the House floor in 1996 — and said she opposes the Boehner’s effort “to put the House in the position of defending this indefensible statute.”

“Aside from standing up for a discriminatory law and failing to focus on jobs and the economy, this action places Republicans squarely on the wrong side of history and progress,” Pelosi said. 

Pelosi added Boehner’s decision burdens the staff and monetary resources of the Office of the General Counsel and “will cost the House hundreds of thousands of taxpayer dollars.”

R. Clarke Cooper, executive director of National Log Cabin Republicans, said Boehner should remain focused on economic issues facing the country and avoid “the bait” of defending DOMA in court.

“Americans sent Republicans to Congress to address our challenging economy, and thus far, under Speaker Boehner’s leadership our party has kept its eye on the ball, cutting spending and beginning to confront the deficit,” Cooper said. “Now is not the time to fall for the president’s ploy to distract Republicans with divisive social issues like the Defense of Marriage Act.”

Cooper said Log Cabin believes that DOMA is an unconstitutional intrusion on states’ rights and a violation of individual liberty, but also agrees with Speaker Boehner that the constitutionality of this statute should be determined by the courts and not by the president unilaterally.

“The speaker’s decision to retain counsel through an administrative action ensures that the House floor can keep its focus on spending cuts and not be bogged down with unnecessary distractions,” Cooper said.

Meanwhile, Joe Solmonese, president of the Human Rights Campaign, chided Boehner for taking on the role of defending DOMA’s constitutionality in court.

“House Republican leadership has now shown they’re more interested in scoring cheap political points on the backs of same-sex couples than tackling real problems,” Solmonese said. “As families across the country continue to struggle, the House Republican leadership’s prescription is to keep families they don’t like from accessing needed protections.”

Maggie Gallagher, chair of the National Organization for Marriage, which opposes same-sex marriage, said her organization will shortly release a statement on Boehner’s decision, but in the interim said she can say she’s “pleased and grateful.”

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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National

BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

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(Washington Blade photo by Joe Reberkenny)

Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.

According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.

Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.

The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.

“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”

Trump held a press conference at the White House after he left the hotel.

“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.

Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.

D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.

Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”

Both he and Bowser said the gunman appeared to act alone.

“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”

The Washington Blade will update this story as details become more available.

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