National
DOJ to file appeal of Bankruptcy court’s DOMA ruling
In a surprising move, the Justice Department is appealing a bankruptcy court ruling finding DOMA unconstitutional.
In a surprising move, the United States Trustee for California — an agent representing the United States and the Department of Justice in Bankruptcy court — has appealed a ruling in the United States Bankruptcy Court of the Central District of California which found Section 3 of the Defense of Marriage Act unconstitutional.
The June 15 ruling by U.S. Bankruptcy Court judge, Thomas Donovan, in the largest Bankruptcy Court in the country, found unconstitutional the 1996 law which bars Federal recognition of same-sex unions, even where such unions are legal. The ruling added yet another Federal court victory to a list of several such victories against the law. The ruling was in response to an intervention by the U.S. Trustee into a case in which a same-sex couple legally married in California in 2008 jointly filed for Bankruptcy.
Prior to the ruling, the U.S. Trustee had initially argued the Chapter 13 filing be thrown out, and that Gene Balas and Carlos Morales file separately as DOMA dictates. The Judge disagreed with the Justice Department, and decided to allow the couple to file jointly. The ruling was given even more weight when an unprecedented 19 of the other 23 judges at the court signed on to the decision.
The decision by the Justice Department to continue to defend the law in court comes as a shock after U.S. Attorney General, Eric Holder, announced in February that the DOJ. saw the law as unconstitutional and would no longer defend it in court.
According to The Daily Kos, the filing by the U.S. Trustee addressed Justice’s policy to not defend DOMA:
“Although Attorney General and the President have concluded that Section 3 of DOMA, as applied to legally married same sex couples is subject to heightened scrutiny and is unconstitutional under that standard, the President has instructed that Executive Departments and agencies continue to comply with Section 3 unless and until it is repealed by Congress or there is a definitive ruling by the Judicial Branch that Section 3 is unconstitutional.”
Donovan’s June 15 decision cited the President’s stated position that discrimination based on sexual orientation deserves “heightened scrutiny,” a legal system test of the merit of a law that limits the rights of a specific group of people. The President himself has stated that the Defense of Marriage Act’s section 3 — barring Federal recognition of specific marriages being performed in a growing number of states — fails this test. Donovan and 19 other judges in the Central District of California agreed with this premise in their decision to throw out the Justice Department’s challenge to the filing.
State Department
New State Department policy bans embassies from flying Pride flag
Secretary of State Marco Rubio signed directive this week
The Washington Blade has obtained a copy of a new State Department policy that bans embassies and other U.S. diplomatic institutions from flying the Pride flag.
“Per the Further Consolidated Appropriations Act 2024, only the United States of America flag is authorized to be flown or otherwise publicly displayed at U.S. facilities, both domestic and abroad, and featured in U.S. government content,” reads directive that Secretary of State Marco Rubio signed. “No symbol or affiliation marking other than those authorized by U.S. statute, the president, or the secretary may be displayed, projected, or exhibited at any U.S. facility, both domestic and abroad.”
The policy states the U.S. flag “unites all Americans under the universal principles of justice, liberty, and democracy.”
“These values, which are the bedrock of our great country, are shared by all American citizens, past and present,” it reads. “The U.S. flag is a powerful symbol of pride and it is fitting and respectful that only the U.S. flag be flown or displayed at U.S. facilities, both domestically and abroad and in accordance with Chapter 1 of 4 U.S. C. ‘The Flag.”
The policy’s only exception is the POW/MIA flag.
The previous administration banned Pride flags from flying at U.S. embassies. (The Blade in 2018 saw the Pride flag attached to the fence that surrounds the U.S. Embassy in Havana.)
The State Department in 2021 for the first time flew the Progress Pride flag. Then-Deputy Secretary of State Wendy Sherman and then-Chief Diversity and Inclusion Officer Gina Abercrombie-Winstanley are among those who helped raise it. Then-Secretary of State Antony Blinken in 2021 said American diplomatic installations could once again fly the Pride flag.
Former President Joe Biden last March signed a government spending bill with a provision that banned Pride flags from flying over U.S. embassies.
National
Blade among nominees for GLAAD Media Awards
Paris Olympics story competing for Outstanding Print Article
Media watchdog GLAAD announced nominees for its 36th annual GLAAD Media Awards on Wednesday encompassing more than 300 nominees in 33 categories.
The Washington Blade was nominated in the Outstanding Print Article category for, “Paris Olympics: More Queer Athletes, More Medals, More Pride, Less Grindr” by sports editor Dawn Ennis. Additionally, Blade Fellow Henry Carnell was nominated in the Outstanding Online Journalism Article category for “First They Tried to ‘Cure’ Gayness. Now They’re Fixated on ‘Healing’ Trans People,” with Madison Pauly; the story was published by MotherJones.com.
“Congratulations to Dawn and Henry on their nominations,” said Blade Editor Kevin Naff. “These honors reflect the Blade’s more than 55-year commitment to excellence in journalism and we’re proud of their important work.”
“The GLAAD Media Awards were created nearly four decades ago to champion LGBTQ stories amid a deeply hostile and unsafe time for our community. Today, this mission holds true and ever-more important as attacks against LGBTQ people are not only growing, but finding new avenues,” said GLAAD President and CEO Sarah Kate Ellis.
The GLAAD Media Awards ceremony will be held later this year in Los Angeles. For the full list of nominees, visit GLAAD.org.
U.S. Supreme Court
Supreme Court to consider case against Montgomery County Public Schools
Plaintiffs challenging LGBTQ-specific curriculum policy
The U.S. Supreme Court on Jan. 17 announced it will consider the case of a group of Montgomery County parents who are challenging a policy that does not allow them to “opt out” their children from classes in which lessons or books on LGBTQ-related topics are taught.
The parents in a federal lawsuit they filed in May 2023 allege the Montgomery County Public Schools policy violates their religious beliefs.
A federal judge in Maryland on Aug. 24, 2023, ruled against the parents. The 4th U.S. Circuit Court of Appeals upheld the ruling.
“Under the 4th Circuit’s reasoning, parents cannot be heard until after the damage has been done to their children,” reads the Supreme Court filing that CBS News obtained. “But there is no unringing that bell — by then, innocence will be lost and beliefs undermined.”
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Federal Government3 days agoTrump-Vance administration removes LGBTQ, HIV resources from government websites
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