National
Holder defends decision to drop DOMA defense
House Republicans criticize att’y gen’l for abandoning anti-gay law
U.S. Attorney General Eric Holder endured a barrage of hostile questions from House Republicans Tuesday over the Obama administration’s decision to drop defense of the Defense of Marriage Act in court.
During an oversight hearing before the House Judiciary Committee, Holder defended President Obama’s determination that DOMA is unconstitutional in response to inquiries from GOP lawmakers amid other questions about the Justice Department’s role in preventing illegal immigration, prosecuting terrorist suspects and stopping child pornography.
Tough questioning for Holder particularly came from Rep. Jim Sensenbrenner (R-Wisc.), who recalled Holder’s Feb. 23 letter to Congress stating that the Justice Department would no longer defend DOMA in court and asked the attorney general simply, “Why’d you do it?”
Holder replied that litigation challenging DOMA in the Second Circuit — where there’s no legal precedent for laws related to sexual orientation — afforded the opportunity for the Justice Department to examine DOMA with heightened scrutiny and to determine the anti-gay law was unconstitutional.
“Applying the heightened scrutiny test, we did not think that the statute would pass constitutional muster, and as a result, I thought that we could not make reasonable arguments in defense of the statute — something that is done extremely rarely, but happens occasionally,” Holder said. “I recommended to the president that we not defend the statute and he agreed with that recommendation.”
But Holder’s answer apparently didn’t satisfy Sensenbrenner, who railed against the Justice Department for what he said was abandoning its duty by dropping defense of DOMA.
“Sexual preference has never been a protected class in any of our civil rights laws,” Sensenbrenner said.
In response, Holder noted that federal law anticipates that the executive branch may determine that some laws shouldn’t be defended in court and affords Congress the opportunity to take up defense of such statutes if the administration declines to defend them.
“The reasons for the determination were, as I said, this different standard and the fact that much has changed since the passage of the bill 15 years or so ago,” Holder said. “The Supreme Court has ruled that criminalizing homosexual contact is unconstitutional. Congress has repealed the ‘Don’t Ask, Don’t Tell’ policy.”
But Sensenbrenner observed that Congress has never taken action to repeal DOMA since the anti-gay law was enacted in 1996. Additionally, the Wisconsin lawmaker said the Lawrence v. Texas decision that Holder referenced was related only to the criminalization of homosexual acts and that “Don’t Ask, Don’t Tell” was a personnel issue in the Defense Department.
“DOMA does not deal with either of these two items,” Sensenbrenner said. “DOMA was an attempt to define for federal purposes that marriage is between one man and one woman, and 45 states in this country have also reached that conclusion — either through a constitutional amendment ratified by the people as was the case in Wisconsin or through statutory enactments by the legislature.”
Sensenbrenner’s remarks on DOMA are misleading in part because Section 3 of the statute has no impact on states where same-sex marriage isn’t available. The anti-gay law prohibits federal recognition of same-sex marriage only in jurisdictions where it’s available.
Sensenbrenner added he would back defunding the Justice Department for the cost to the House of defending DOMA in court — a move proposed by House Speaker John Boehner (R-Ohio) last month after he hired former U.S. Solicitor General Paul Clement to take up defense of the statute.
“I certainly would support an effort to have the cost of Congress’ defending this provision … come out of the Justice Department’s appropriations, so that the message is sent down the street that an attorney general or president can’t willy-nilly decide that a law that they have voted against — if they’d been in Congress at the time — is unconstitutional,” Sensenbrenner said.
Holder replied that lower courts have also come to the conclusion that DOMA is unconstitutional and the notion that the Justice Department should lose funds over the decision to drop defense of the anti-gay law is “inappropriate.”
“The lawyers in the Department of Justice who would have worked on that case, believe me, have more than a full-time job, and they will have to use the time that might have been used in the DOMA defense — they will use it other areas,” he said.
The attorney general added Congress has the ability to approve funding for the expense of hiring Clement without reducing funds for the Justice Department.
Rep. Jerrold Nadler (D-N.Y.), the sponsor of DOMA repeal legislation, came to Holder’s defense during the hearing and said the Obama administration had no option but to determine the anti-gay law was unconstitutional following the 2003 Supreme Court decision striking down state sodomy laws in Lawrence v. Texas.
“I don’t believe that the administration had any choice in the matter at all by looking at the legal precedence,” Nadler said. “There had been no determination by any court, as far as I know, certainly by any circuit, of the proper standard of review after Lawrence. And if you look at the normal criteria for determining the standard of review that the Supreme Court has enjoined upon us as to what a suspect classification is … it meets all the tests, and you really had no choice but to go that route.”
Nadler added he hopes Congress doesn’t try to “start trying to intimidate” the Justice Department by threatening to restrict funds as a result of the department’s decision over DOMA.
Other Republicans on the committee also took jabs at Holder during their questioning for dropping defense of DOMA.
Rep. Trey Gowdy (R-S.C.), a freshman Republican who won as a Tea Party challenger in the 2010 election, asked if laws related to sexual orientation merited heightened scrutiny, why shouldn’t heightened scrutiny apply to laws on allowing cousins to marry, underaged marriage or polygamy.
“Since Lawrence, two courts of appeals have upheld a rational basis test for sexual orientation,” Gowdy said. “Why would you single out the one court of appeals that has applied a higher level of scrutiny, ignoring the two that apply to rational basis tests? That just strikes me as a political calculation and not a constitutional calculation.”
In response, Holder denied the decision the Justice Department made over DOMA had a “political component” and said the Supreme Court would ultimately have to address the issue of the anti-gay law’s constitutionality.
Michael Mitchell, executive director of the National Stonewall Democrats, told the Washington Blade after the hearing that he took offense to the suggestion that same-sex marriage is akin to the other unions Gowdy mentioned.
“Most people know there is a clear difference between those things and two loving, consenting adults who are willing to share their lives, and most importantly, take care of each other,” Mitchell said. “Apparently, love and commitment and ’til death do you part’ are not Republican values.”
House Judiciary Committee Chair Lamar Smith (R-Texas), who last year sponsored a resolution condemning the federal court ruling finding California’s Proposition 8 was unconstitutional, expressed displeasure over Obama administration’s decision to drop defense of DOMA during his opening statement.
“I am concerned that in some cases, this administration may have placed political and ideological considerations above enforcing the law,” Smith said. “It seems the president’s personal, political views regarding [DOMA] may have trumped the obligations of the Department of Justice.”
Additionally, Rep. Dan Lungren (R-Calif.) chided Obama for dropping defense of DOMA after making no mention about doubts over its constitutionality during his 2008 presidential campaign.
“It would have been helpful if the president of the United States, as a constitutional law professor, during the time he was running for president, indicated that he had some constitutional questions about DOMA as he was going around the country saying he believes that marriage is between one man and one woman,” Lungren said.
As a chair of the House Committee on Administration, Lungren signed off on the House contract hiring Clement for a initial total sum cap of $500,000 and a blended rate of $520 an hour.
In response, Mitchell disputed the notion that Obama wasn’t fully disclosing his views in the 2008 presidential campaign and said Obama’s personal position on marriage has no bearing on the constitutionality of DOMA.
“By Rep. Lungren’s logic, the Republicans should have articulated in the midterm elections that they were going to focus solely on divisive social issues and the foisting of tax cuts on the wealthy instead of creating jobs,” Mitchell said.
Holder’s defense of the administration’s decision to drop legal defense of DOMA during the congressional hearing comes on the heels of comments he made to reporters last week backing Clement against criticism from LGBT people for taking up defense of the anti-gay statute.
“Paul Clement is a great lawyer and has done a lot of really great things for this nation. In taking on the representation — representing Congress in connection with DOMA, I think he is doing that which lawyers do when we’re at our best,” Holder reportedly said. “That criticism, I think, was very misplaced.”
Florida
Fla. Senate passes ‘Anti-Diversity’ bill that could repeal local LGBTQ protections
Bipartisan coalition urges Florida House to reject ‘extremism’ measure
The Florida Senate on March 4 voted 25-11 to approve an “Anti-Diversity in Local Government” bill that critics have called a sweeping and extreme measure that, among other things, could repeal local LGBTQ rights protections.
According to Equality Florida, a statewide LGBTQ advocacy organization, if approved by the Florida House of Representatives and signed by Republican Gov. Ron DeSantis, the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented’ with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”
In a March 4 statement, Equality Florda added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.
The Florida House was scheduled to vote on the bill on Monday, March 9, with opponents hopeful that a broad coalition of both Democratic and Republican lawmakers would secure enough votes to defeat the bill.
“Once again, Gov. DeSantis and Florida lawmakers are advancing one of the most sweeping and extreme bills in the country — this time threatening decades of local progress supporting diverse communities, including the LGBTQ community,” said Equality Florida Senior Political Director Joe Saunders. “This legislation is a sledgehammer aimed at cities and counties that recognize and address the diversity of the people they serve,” he said.
Among the LGBTQ organizations that could be adversely impacted by the bill is the highly acclaimed Stonewall National Museum, Archives and Library located in Fort Lauderdale.
Robert Kesten, the Stonewall organization’s president and CEO, told the Washington Blade the organization receives some funding from Broward County, in which Fort Lauderdale is located, and the city of Fort Lauderdale has provided support by purchasing tables at some of the museum’s fundraising events.
“Based on this legislation, hose things would be gone,” he said. “We also are based in a government building. So, we don’t know what potential side effects that could have.” He noted that the building in question is owned by Broward County and leased by Fort Lauderdale, with the bill’s vaguely worded provision making it unclear whether Stonewall would be forced to leave its building.
“It’s unknown, and we’re really in unchartered waters,” he said.
U.S. Capitol Police on Thursday arrested 13 HIV/AIDS activists in the Cannon House Office Building Rotunda.
The activists — members of Housing Works, Health GAP, and the Treatment Action Group — joined former PEPFAR staffers in demanding full funding of the program that President George W. Bush created in 2003. They chanted “AIDS cuts kill, PEPFAR now!” and unfurled banners from the Rotunda’s second floor that read “Trump and (Office of Management and Budget Director Russell) Vought kill people with AIDS worldwide,” “Over 200,000 deaths since January 2025,” and “Hands off PEPFAR” before their arrest.
(Washington Blade video by Michael K. Lavers)
This protest is the latest against the Trump-Vance administration’s HIV/AIDS policies since it took office.
Secretary of State Marco Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Washington Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.
The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia is among the nations in which the breakthrough HIV prevention drug has arrived.
The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)
Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29, 2025, said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.
The White House in January announced an expansion of the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. The Council for Global Equality and other groups say the expanded rule will adversely impact HIV prevention efforts around the world.
A press release that Housing Works and Health GAP issued on Thursday notes more than $977 million “in appropriated PEPFAR funding for HIV prevention and treatment was unspent by the end of fiscal year (FY) 2025 — triple amount unspent at the end of FY 2024.”
“Activists predict this backlog will worsen rapidly in FY 2026 unless Congress immediately reasserts its Constitutionally-mandated oversight authority,” notes the press release.
The press release also indicates funding for the Centers for Disease Control and Prevention’s PEPFAR programs “will run out” by April 1 because “only 45 percent of their FY26 funding has been transferred from the State Department.
“Unless funding is transferred immediately, CDC’s global HIV programs across sub-Saharan Africa, Asia and the Caribbean will grind to a halt,” notes the press release.
The activists demanded Trump, Vought, Rubio, and Congress do the following:
- Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs
- Immediately release already-appropriated, unobligated PEPFAR funds
- Break the blackout on PEPFAR data, so Congress and people with HIV know how funding is being spent and can program based on data
- Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs.
“PEPFAR has saved more than 26 million lives and changed the trajectory of an epidemic,” said Housing Works CEO Charles King. “However, the Trump administration’s decision, over the objection of Republicans in Congress, to freeze PEPFAR funding has caused decades of progress to come undone and has been a death sentence for people with HIV relying on life-saving treatment. The U.S. must immediately restore PEPFAR funding and regain our standing in the global fight against HIV.”
King is among the activists who were arrested.
(Washington Blade video by Michael K. Lavers)
Texas state Rep. James Talarico won a hard-fought primary Tuesday to become the state’s Democratic nominee for U.S. Senate, defeating U.S. Rep. Jasmine Crockett in one of the year’s most closely watched and competitive Democratic contests.
Talarico, a Presbyterian seminarian and three-term lawmaker from Round Rock, was declared the winner by the Associated Press early Wednesday morning after a closely tracked vote count that drew national attention.
“Tonight, the people of our state gave this country a little bit of hope,” Talarico told the AP. “And a little bit of hope is a dangerous thing.”
With 52.8% of the vote to Crockett’s 45.9%, Talarico secured the nomination outright, avoiding a runoff and capping months of sharp contrasts between the two candidates over strategy, messaging, and how best to compete statewide in Texas. Democrats hope the competitive primary — and the relatively narrow margin — signals growing momentum in a state that has not elected a Democrat to the U.S. Senate since 1988.
Talarico has long expressed support for the LGBTQ community, a position he highlights prominently on his campaign website. Under the “Issues” section, he directly addresses assumptions that might arise from his faith and background as a seminarian in a deeply conservative state.
“My faith in Jesus leads me to reject Christian Nationalism and commit myself to the project of democracy,” his website reads. “Because that’s the promise of America: a democracy where every person and every family — regardless of religion, race, gender, sexual orientation, or any other difference between us — can truly be free and live up to their full potential.”
Crockett struck a conciliatory tone following her defeat, emphasizing party unity ahead of November.
“This morning I called James and congratulated him on becoming the Senate nominee,” Crockett told Politico. “Texas is primed to turn blue and we must remain united because this is bigger than any one person. This is about the future of all 30 million Texans and getting America back on track.”
Talarico also drew national attention earlier in the race when “Late Show” host Stephen Colbert said he was initially unable to air an interview with the state legislator due to potential FCC concerns involving CBS. The episode sparked a broader political debate.
Brendan Carr, chair of the Federal Communications Commission, appointed by President Donald Trump, told reporters the controversy was a “hoax,” though he also acknowledged Talarico’s ability to harness the moment to build support as an underdog candidate. The interview was later released online and garnered millions of views, boosting Talarico’s national profile.
In November, Talarico will face the winner of the Republican primary between incumbent Sen. John Cornyn and Texas Attorney General Ken Paxton, who have been locked in a bruising GOP contest. Rep. Wesley Hunt was also in the Republican primary field. The GOP race is expected to head to a May runoff.
In a joint statement, Senate Minority Leader Chuck Schumer and Democratic Senatorial Campaign Committee Chair Kirsten Gillibrand praised Talarico’s victory and framed him as a candidate capable of broad appeal.
“As an eighth-generation Texan, former middle school teacher, and Presbyterian seminarian, James will be a fighter for Texans from all walks of life and of all political stripes,” they said. “In November, Texans will elect a champion for working people: James Talarico.”
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