National
Court won’t invalidate Prop 8 ruling over judge’s sexual orientation
Walker told media he’s gay following decision overturning marriage ban
A California federal court on Tuesday denied a request to invalidate a decision overturning the state’s ban on same-sex marriage based on the argument that the judge who decided the matter should have recused himself because he’s gay.
U.S. District Judge James Ware determined in his decision that retired U.S. District Judge Vaughn Walker’s sexual orientation isn’t a justification for recusal or disqualification in the case that will determine the constitutionality of Proposition 8, which California voters approved in 2008 to make a ban on same-sex marriage part of the state constitution.
“The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification under Section 455(b)(4),” Ware writes.
Last year, Walker in a 135-page decision, determined that Prop 8 was unconstitutional because it violated equal protection rights in the U.S. Constitution. Months after he made the decision, Walker disclosed to the media earlier this year that he’s gay and has been in a same-sex relationship with a physician for 10 years.
Proponents of Prop 8 pounced on the reports and said Walker was unable to issue an impartial decision in a case deciding whether same-sex couples can marry because of his sexual orientation and his relationship.
But Ware denied in his decision that these personal characteristic were reason to invalidate Walker’s ruling and maintained that proponents of Prop 8 haven’t presented evidence that he would be impartial in his decision.
“A well-informed, thoughtful observer would recognize that the mere fact that a judge is in a relationship with another person — whether of the same or the opposite sex — does not ipso facto imply that the judge must be so interested in marrying that person that he would be unable to exhibit the impartiality which, it is presumed, all federal judges maintain,” Ware wrote.
Ware also disputed the argument that Walker should have disclosed his sexual orientation before he decided the case and maintained Walker “had a duty to preserve the integrity of the judiciary” and was justified in keeping his relationship to himself.
“Among other things, this means that if, in an overabundance of caution, he were to have disclosed intimate, but irrelevant, details about his personal life that were not reasonably related to the question of disqualification, he could have set a pernicious precedent,” Ware writes. “Such a precedent would be detrimental to the integrity of the judiciary, because it would promote, incorrectly, disclosure by judges of highly personal information (e.g., information about a judge’s history of being sexually abused as a child), however irrelevant or time-consuming.”
Chad Griffin, board president of the American Foundation for Equal Rights, the organization behind the lawsuit challenging Prop 8, praised Ware’s decision as a “historic victory” for justice and same-sex marriage.
“Chief Judge Ware’s ruling makes it very clear that bigotry and hatred have no place in our judicial system and that the anti-marriage forces’ extreme and unsupported antics have no place in a court of law and indeed, in our society,” Griffin said. “The freedom to marry is a constitutional right for all Americans and AFER will not rest until we have full marriage equality for all our citizens.”
Although Ware has issued a decision in the matter, proponents of Prop 8 say they’re not done with the issue. In a statement, Charles Cooper of Cooper & Kirk, lead counsel for ProtectMarriage.com, said his legal team disagrees with Ware’s ruling and will appeal the decision to a higher court.
“Our legal team will appeal this decision and continue our tireless efforts to defend the will of the people of California to preserve marriage as the union of a man and a woman,” Cooper said.
In a separate decision issued on Tuesday, Ware settled the issue of whether video recordings of the trial in Walker’s possession should be returned to the court. Walker had used a three-minute videotape of the trial during a lecture, invoking the ire of those who worked to enact Prop 8 and said they didn’t want testimony during the trial viewed publicly.
But Ware says there is no indication that parties have violated the protective order by using their tapes in their possession and may hang on to them as the appeal in the case proceeds. Additionally, although Walker apparently gave the tapes back to the court, Ware plans to return them to Walker.
A request is still pending to unseal the recording and release them publicly. Ware set Aug. 29 for a hearing to decide whether the tapes should be unsealed and made public.
Even though Ware has upheld Walker’s decision by denying the motion to vacate, the case remains pending on appeal and Prop 8 remains in effect. The U.S. Ninth Circuit of Appeals has asked the California State Supreme Court to evaluate whether defendants have standing to appeal the case. Hearings are expected as early as September.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
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.
National
BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner
Shooter reportedly opened fire inside hotel
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.
State Department
State Department implements anti-trans bathroom policy
Memo notes directive corresponds with White House executive order
The State Department on April 20 announced employees cannot use bathrooms that correspond with their gender identity.
The Daily Signal, a conservative news website, reported the State Department announced the new policy in a memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms.”
The State Department has not responded to the Washington Blade’s request for comment on the directive.
“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. “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.”
The Daily Signal notes the new State Department policy “does not prohibit single-occupancy restrooms.”
House Republicans push nationwide ‘Don’t Say Gay’ bill
Botswana repeals colonial-era sodomy law
LGBTQ people are leaving Orthodox Judaism behind
Madonna makes rare club appearance in West Hollywood
From red carpet to chaos: A first-person narrative of the WHCD shooting
Second trans member announces plans to resign from Capital Pride board
Adoption under suspicion
Why we need to recognize and celebrate Lesbian Day of Visibility
Calendar: April 24-30
