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.
South Carolina
Man faces first S.C. ‘hate intimidation’ charge
Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1
A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.
Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.
At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.
In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.
Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.
According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.
Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.
As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.
WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.
“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”
“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”
WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.
The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.
“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.
He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.
South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.
Truett remains in jail as of publication.
The White House
Trump budget would codify expanded global gag rule
Funding for LGBTQ health programs around the world would also be cut
The Trump-Vance administration’s fiscal year 2027 budget would codify the expanded global gag rule and eliminate funding for LGBTQ-specific programs in global health initiatives.
“The budget would ensure no funding supports abortion, unfettered access to birth control, and also eliminates funding for circumcision and lesbian, gay, bisexual, transgender, and queer services to better focus funds on life-saving assistance,” reads the proposed budget the White House released on April 3. “The United States should not pay for the world’s birth control and therapy.”
The proposed budget includes four examples of “eliminated activities.”
- In the last administration, PEPFAR funded health workers who performed over 21 abortions in Mozambique
- Promoting reproductive health education and access to birth control and other harmful programs couched under ‘family planning’ in Ghana
- A supply chain “control tower” to provide a “holistic commercial of the shelf solution” on the Office of Population and Reproductive Health (PRH)
- Promoting health equity and providing condoms and contraception in Kenya.
President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.
Trump reinstated the rule during his first administration. The Biden-Harris administration shortly after it took office in January 2021 rescinded it.
The Trump-Vance White House earlier this year expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” The expansion took effect on Feb. 26.
US funding cuts have devastated global LGBTQ rights movement
The Trump-Vance administration after it took office in January 2025 moved to dismantle the U.S. Agency for International Development, which funded LGBTQ and intersex rights groups around the world. USAID officially shut down on July 1, 2025.
Secretary of State Marco Rubio in March 2025 announced the State Department would administer the 17 percent of USAID contracts that had not been cancelled. Rubio issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the U.S. foreign aid freeze the White House announced shortly after it took office.
The global LGBTQ and intersex rights movement has lost more than an estimated $50 million in funding because of these cuts. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down.
The Trump-Vance administration has signed healthcare-specific agreements with Kenya, Uganda, and other African countries through its American First Global Health Strategy. Advocacy groups with whom the Blade has spoken have expressed concern these partnerships will result in further exclusion and government-sanctioned discrimination based on sexual orientation or gender identity.
The proposed fiscal year 2027 budget includes $5.1 billion for “global health to end the previous administration’s abuse of these programs and to execute (the State Department’s) newly released America First Global Health Strategy.” This figure represents a $4.3 billion cut from the previous year.
“The president’s new vision of bilateral health assistance eliminates bloated Beltway Bandit contracts, does more with fewer dollars, and transitions recipient countries to self-reliance,” reads the proposed budget. “The budget would also eliminate disease-specific accounts and provide the department crucial agility to address the actual needs of each recipient country — across HIV/AIDS and other infectious diseases such as malaria, tuberculosis, and polio — to strengthen global health security and protect Americans from disease.”
“The budget would focus on new compacts that unify funding, achieving economies of scale in both implementation and oversight,” it adds. “Under the prior administration, only about 40 percent of PEPFAR funds supported actual service delivery, including medications, testing, commodities, and health workers, with the remaining 60 percent wasted on duplicative administrative costs, unwieldy supply chains, and layers of endless bureaucracy. The new AFGHS (America First Global Health Strategy) compacts would improve efficiency, cut red tape, and dismantle the bloated ecosystem of foreign assistance profiteers.”
The Council for Global Equality on April 3 reiterated its criticism of the expanded global gag rule, and urged Congress to reject the proposed budget.
“We won’t mince words: people are dying because of this policy,” said the Council for Global Equality in a statement. “Making this policy permanent will only ensure that U.S. foreign assistance discriminates against those who need services the most, all while forcing people around the world to adhere to the Trump administration’s extremist, ideological agenda that denies the very existence of transgender, nonbinary, and intersex persons.”
“We will not be silent as Trump threatens to upend decades of bipartisan foreign assistance programs to appease his extremist base,” added the group. “We call on Congress to immediately reject this budget and block implementation of the expanded global gag rules.”
Vice President JD Vance and his wife, second lady Usha Vance, will visit Hungary next week.
An announcement the White House released on Thursday said the Vances will be in Budapest, the Hungarian capital, from April 7-8.
JD Vance “will hold bilateral meetings with” Hungarian Prime Minister Viktor Orbán. The announcement further indicates the vice president “will also deliver remarks on the rich partnership between the United States and Hungary.”
The Vances will travel to Hungary less than a week before the country’s parliamentary elections take place on April 12.
Orbán, who has been in office since 2010, and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.
The Associated Press notes polls indicate Orbán is trailing Péter Magyar and his center-right Tisza party.
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