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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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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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New York

Zohran Mamdani participates in NYC Pride parade

Mayoral candidate has detailed LGBTQ rights platform

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NYC mayoral candidate and New York State Assembly member Zohran Mamdani (Screen capture: NBC News/YouTube)

Zohran Mamdani, the candidate for mayor of New York City who pulled a surprise victory in the primary contest last week, walked in the city’s Pride parade on Sunday.

The Democratic Socialist and New York State Assembly member published photos on social media with New York Attorney General Letitia James, telling followers it was “a joy to march in NYC Pride with the people’s champ” and to “see so many friends on this gorgeous day.”

“Happy Pride NYC,” he wrote, adding a rainbow emoji.

Mamdani’s platform includes a detailed plan for LGBTQ people who “across the United States are facing an increasingly hostile political environment.”

His campaign website explains: “New York City must be a refuge for LGBTQIA+ people, but private institutions in our own city have already started capitulating to Trump’s assault on trans rights.

“Meanwhile, the cost of living crisis confronting working class people across the city hits the LGBTQIA+ community particularly hard, with higher rates of unemployment and homelessness than the rest of the city.”

“The Mamdani administration will protect LGBTQIA+ New Yorkers by expanding and protecting gender-affirming care citywide, making NYC an LGBTQIA+ sanctuary city, and creating the Office of LGBTQIA+ Affairs.”

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U.S. Supreme Court

Supreme Court upholds ACA rule that makes PrEP, other preventative care free

Liberal justices joined three conservatives in majority opinion

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The U.S. Supreme Court as composed June 30, 2022, to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, the U.S. Supreme Court)

The U.S. Supreme Court on Friday upheld a portion of the Affordable Care Act requiring private health insurers to cover the cost of preventative care including PrEP, which significantly reduces the risk of transmitting HIV.

Conservative Justice Brett Kavanaugh authored the majority opinion in the case, Kennedy v. Braidwood Management. He was joined by two conservatives, Chief Justice John Roberts and Justice Amy Coney Barrett, along with the three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson.

The court’s decision rejected the plaintiffs’ challenge to the Affordable Care Act’s reliance on the U.S. Preventative Services Task Force to “unilaterally” determine which types of care and services must be covered by payors without cost-sharing.

An independent all-volunteer panel of nationally recognized experts in prevention and primary care, the 16 task force members are selected by the secretary of the U.S. Department of Health and Human Services to serve four-year terms.

They are responsible for evaluating the efficacy of counseling, screenings for diseases like cancer and diabetes, and preventative medicines — like Truvada for PrEP, drugs to reduce heart disease and strokes, and eye ointment for newborns to prevent infections.

Parties bringing the challenge objected especially to the mandatory coverage of PrEP, with some arguing the drugs would “encourage and facilitate homosexual behavior” against their religious beliefs.

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