National
Justice Dept. brief against DOMA lauded as ‘watershed moment’
Administration says law ‘unconstitutionally discriminates’

LGBT rights supporters are heralding a recently filed legal brief against the Defense of Marriage Act — the first of its kind against the anti-gay law from the Obama administration — as a landmark document that will aid in bringing about the end of DOMA.
Filed on July 1 by the Justice Department, the 31-page brief argues that Section 3 of DOMA, which prohibits federal recognition of same-sex marriage, is unconstitutional because laws related to sexual orientation under precedent of the U.S. Supreme Court should be subject to heightened scrutiny, or must be shown to advance a significant government interest to stay on the books.
“Section 3 of the Defense of Marriage Act … unconstitutionally discriminates,” the brief states. “It treats married same-sex couples who are legally married under their states’ laws differently than similarly situated opposite-sex couples, denying them the status, recognition and significant federal benefits otherwise available to married persons.”
The Justice Department contends LGBT people are a suspect class, or a group likely subject to differential treatment, because they’ve been subject to a history of discrimination, they exhibit immutable characteristics, and they’re minorities with limited political power. Additionally, the brief contends sexual orientation bears no relation to a person’s ability to contribute to society.
The brief argues that Congress enacted DOMA in 1996 out of motivation “in substantial part by animus toward gay and lesbian individuals and their intimate relationships” and states Congress advanced no other material interest in passing the law.
Joe Solmonese, president of the Human Rights Campaign, said in a statement that the brief represents “a watershed moment” in the LGBT rights movement.
“Now the federal government has taken that historic stand a step further and put real meat on the bones of why there is no basis for DOMA to stand,” Solmonese said. “This step represents real leadership from the Obama administration and further hastens the day in which we will leave this odious law in the dustbin of history.”
Notably, the brief recalls the U.S. government’s role in discriminating against LGBT people in its description of the ways in which LGBT people have received different treatment over the course of history. The Justice Department recalls that former President Eisenhower signed an executive order adding “sexual perversion” as grounds for dismissal for federal employees.
“The federal government enforced Executive Order 10450 zealously, engaging various agencies in intrusive investigatory techniques to purge gays and lesbians from the civilian workforce,” the brief states. “The State Department, for example, charged ‘”skilled” investigators’ with ‘interrogating every potential male applicant to discover if they had any effeminate tendencies or mannerisms,’ used polygraphs on individuals accused of homosexuality who denied it, and sent inspectors to ‘every embassy, consulate and mission’ to uncover homosexuality.'”
The brief was filed in the case of Golinski v. U.S. Office of Personnel Management. Plaintiff Karen Golinski, a lesbian federal court employee, sought medical coverage for her spouse, but the U.S. government denied this coverage because of DOMA. The Justice Department asks the federal court not to dismiss this claim.
Tara Borelli, a Lambda Legal staff attorney who’s representing Golinski in the litigation, said the “very forthright way” that the brief looks at the history of discrimination against LGBT people from the U.S. government — as well as state and local governments — is particularly striking.
“It is a very honest look at the painful way that the government has discriminated against gay people and the toll that’s taken on our community,” Borelli said.
The Justice Department also responds to an earlier brief that the House, which was filed in defense of the law under the direction of Speaker John Boehner (R-Ohio). The brief was written by private attorney Paul Clement, whom Boehner hired to litigate on behalf of DOMA in the lawsuits against the anti-gay law.
At one point, the brief disputes the House’s claim that marriage should be left between one man and one woman because that union is the best situation for child-rearing.
“There is no sound basis for concluding that same-sex couples who have committed to marriages recognized by state law are anything other than fully capable of responsible parenting and child-rearing,” the brief states. “To the contrary, many leading medical, psychological and social welfare organizations have issued policies opposing restrictions on lesbian and gay parenting based on their conclusions, supported by numerous studies, that children raised by gay and parents are as likely to be well-adjusted as children raised by heterosexual parents.”
John Aravosis, the gay editor of AMERICAblog who drew attention to the anti-gay rhetoric in the first brief in supporting DOMA that came out of the Obama administration in 2009, said the language in the most recent Justice Department brief “looked pretty amazing.” Still, he criticized the administration for filing it late on a Friday night before a holiday weekend.
“Why didn’t the president announce the existence of this brief two days earlier when meeting with the community’s leaders in the White House to celebrate the Stonewall anniversary?” Aravosis said. “The brief appears to be quite historic, so why attempt to hide it? It’s hard not to conclude that this brief was intentionally buried by the administration in order to minimize mainstream media coverage.”
The Obama administration notified plaintiffs in a document June 3 that it intended to file a brief against DOMA in the Golinski case. Tracy Schmaler, a Justice Department spokesperson, said the decision to litigate against DOMA is consistent with U.S. Attorney General Eric Holder’s announcement on Feb. 23 that the Obama administration determined that the anti-gay law is unconstitutional.
Doug NeJaime, a gay law professor at Loyola Law School, said the Golinski brief marks the “fullest elaboration of the administration’s new position” on DOMA that Holder announced to Congress in a February letter.
“We had the Holder letter and now we have a whole brief sort of spitting out the arguments that Attorney General Holder made in that letter,” NeJaime said. “It’s a really substantial brief explaining why sexual orientation should get heightened equal protection, and it fits all of the main arguments that gay rights lawyers have been hitting and that are necessary for the court to find that there’s what the administration argues are a quasi-suspect classification.”
NeJaime added he expects similar briefs in other pending lawsuits challenging the constitutionality of DOMA: Gill v. OPM, Commonwealth of Massachusetts v. Department of Health & Human Services, Pedersen v. OPM and Windsor v. United States.
Observers say the Justice Department’s decision to take an active role in attacking DOMA in these lawsuits would make the courts more apt to declare the law unconstitutional.
Borelli said the brief from the Justice Department should prompt the courts to “look with even deeper suspicion” at DOMA.
“It should help hasten DOMA’s demise because it’s very powerful that the federal government admits that gay discrimination under the law is simply not suitable,” she said.
Similarly, NeJaime said the brief from the Obama administration gives the argument against the anti-gay law “a more objective and non-advocacy type flavor.”
“It’s not just the adversarial parties before the court, it’s actually the government now saying this is the proper way to analyze this, so I think it carries a lot of weight,” NeJaime said.
But whether the administration’s brief would mean a quicker end to DOMA remains in question. Advocates previously said they expect DOMA litigation to come to the Supreme Court in 2013.
NeJaime added the Obama administration’s position on DOMA may in fact mean the process for striking down DOMA could take longer.
“If anything it may have the effect of delaying the litigation because now we have the House involved as well, and so it actually makes the litigation a little more complicated, but I do think it’s something that favors the courts striking down and eventually getting this up to the Supreme Court,” NeJaime said.
U.S. Federal Courts
Judge temporarily blocks executive orders targeting LGBTQ, HIV groups
Lambda Legal filed the lawsuit in federal court

A federal judge on Monday blocked the enforcement of three of President Donald Trump’s executive orders that would have threatened to defund nonprofit organizations providing health care and services for LGBTQ people and those living with HIV.
The preliminary injunction was awarded by Judge Jon Tigar of the U.S. District Court for the Northern District of California in a case, San Francisco AIDS Foundation v. Trump, filed by Lambda Legal and eight other organizations.
Implementation of the executive orders — two aimed at diversity, equity, and inclusion along with one targeting the transgender community — will be halted pending the outcome of the litigation challenging them.
“This is a critical win — not only for the nine organizations we represent, but for LGBTQ communities and people living with HIV across the country,” said Jose Abrigo, Lambda Legal’s HIV Project director and senior counsel on the case.
“The court blocked anti-equity and anti-LGBTQ executive orders that seek to erase transgender people from public life, dismantle DEI efforts, and silence nonprofits delivering life-saving services,” Abrigo said. “Today’s ruling acknowledges the immense harm these policies inflict on these organizations and the people they serve and stops Trump’s orders in their tracks.”
Tigar wrote, in his 52-page decision, “While the Executive requires some degree of freedom to implement its political agenda, it is still bound by the constitution.”
“And even in the context of federal subsidies, it cannot weaponize Congressionally appropriated funds to single out protected communities for disfavored treatment or suppress ideas that it does not like or has deemed dangerous,” he said.
Without the preliminary injunction, the judge wrote, “Plaintiffs face the imminent loss of federal funding critical to their ability to provide lifesaving healthcare and support services to marginalized LGBTQ populations,” a loss that “not only threatens the survival of critical programs but also forces plaintiffs to choose between their constitutional rights and their continued existence.”
The organizations in the lawsuit are located in California (San Francisco AIDS Foundation, Los Angeles LGBT Center, GLBT Historical Society, and San Francisco Community Health Center), Arizona (Prisma Community Care), New York (The NYC LGBT Community Center), Pennsylvania (Bradbury-Sullivan Community Center), Maryland (Baltimore Safe Haven), and Wisconsin (FORGE).
U.S. Supreme Court
Activists rally for Andry Hernández Romero in front of Supreme Court
Gay asylum seeker ‘forcibly deported’ to El Salvador, described as political prisoner

More than 200 people gathered in front of the U.S. Supreme Court on Friday and demanded the Trump-Vance administration return to the U.S. a gay Venezuelan asylum seeker who it “forcibly disappeared” to El Salvador.
Lindsay Toczylowski, president of the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Andry Hernández Romero, is among those who spoke alongside U.S. Rep. Mark Takano (D-Calif.) and Human Rights Campaign Campaigns and Communications Vice President Jonathan Lovitz. Sarah Longwell of the Bulwark, Pod Save America’s Jon Lovett, and Tim Miller are among those who also participated in the rally.
“Andry is a son, a brother. He’s an actor, a makeup artist,” said Toczylowski. “He is a gay man who fled Venezuela because it was not safe for him to live there as his authentic self.”
(Video by Michael K. Lavers)
The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”
President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The Trump-Vance administration subsequently “forcibly removed” Hernández and hundreds of other Venezuelans to El Salvador.
Toczylowski said she believes Hernández remains at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. Toczylowski also disputed claims that Hernández is a Tren de Aragua member.
“Andry fled persecution in Venezuela and came to the U.S. to seek protection. He has no criminal history. He is not a member of the Tren de Aragua gang. Yet because of his crown tattoos, we believe at this moment that he sits in a torture prison, a gulag, in El Salvador,” said Toczylowski. “I say we believe because we have not had any proof of life for him since the day he was put on a U.S. government-funded plane and forcibly disappeared to El Salvador.”
“Andry is not alone,” she added.
Takano noted the federal government sent his parents, grandparents, and other Japanese Americans to internment camps during World War II under the Alien Enemies Act. The gay California Democrat also described Hernández as “a political prisoner, denied basic rights under a law that should have stayed in the past.”
“He is not a case number,” said Takano. “He is a person.”
Hernández had been pursuing his asylum case while at the Otay Mesa Detention Center in San Diego.
A hearing had been scheduled to take place on May 30, but an immigration judge the day before dismissed his case. Immigrant Defenders Law Center has said it will appeal the decision to the Board of Immigration Appeals, which the Justice Department oversees.
“We will not stop fighting for Andry, and I know neither will you,” said Toczylowski.
Friday’s rally took place hours after Attorney General Pam Bondi said Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador, had returned to the U.S. Abrego will face federal human trafficking charges in Tennessee.
National
A husband’s story: Michael Carroll reflects on life with Edmund White
Iconic author died this week; ‘no sunnier human in the world’

Unlike most gay men of my generation, I’ve only been to Fire Island twice. Even so, the memory of my first visit has never left me. The scenery was lovely, and the boys were sublime — but what stood out wasn’t the beach or the parties. It was a quiet afternoon spent sipping gin and tonics in a mid-century modern cottage tucked away from the sand and sun.
Despite Fire Island’s reputation for hedonism, our meeting was more accident than escapade. Michael Carroll — a Facebook friend I’d chatted with but never met — mentioned that he and his husband, Ed, would be there that weekend, too. We agreed to meet for a drink. On a whim, I checked his profile and froze. Ed was author Edmund White.
I packed a signed copy of Carroll’s “Little Reef” and a dog-eared hardback of “A Boy’s Own Story,” its spine nearly broken from rereads. I was excited to meet both men and talk about writing, even briefly.
Yesterday, I woke to the news that Ed had passed away. Ironically, my first thought was of Michael.
This week, tributes to Edmund White are everywhere — rightly celebrating his towering legacy as a novelist, essayist, and cultural icon. I’ve read all of his books, and I could never do justice to the scope of a career that defined and chronicled queer life for more than half a century. I’ll leave that to better-prepared journalists.
But in those many memorials, I’ve noticed something missing. When Michael Carroll is mentioned, it’s usually just a passing reference: “White’s partner of thirty years, twenty-five years his junior.” And yet, in the brief time I spent with this couple on Fire Island, it was clear to me that Michael was more than a footnote — he was Ed’s anchor, editor, companion, and champion. He was the one who knew his husband best.
They met in 1995 after Michael wrote Ed a fan letter to tell him he was coming to Paris. “He’d lost the great love of his life a year before,” Michael told me. “In one way, I filled a space. Understand, I worshiped this man and still do.”
When I asked whether there was a version of Ed only he knew, Michael answered without hesitation: “No sunnier human in the world, obvious to us and to people who’ve only just or never met him. No dark side. Psychology had helped erase that, I think, or buffed it smooth.”
Despite the age difference and divergent career arcs, their relationship was intellectually and emotionally symbiotic. “He made me want to be elegant and brainy; I didn’t quite reach that, so it led me to a slightly pastel minimalism,” Michael said. “He made me question my received ideas. He set me free to have sex with whoever I wanted. He vouchsafed my moods when they didn’t wobble off axis. Ultimately, I encouraged him to write more minimalistically, keep up the emotional complexity, and sleep with anyone he wanted to — partly because I wanted to do that too.”
Fully open, it was a committed relationship that defied conventional categories. Ed once described it as “probably like an 18th-century marriage in France.” Michael elaborated: “It means marriage with strong emotion — or at least a tolerance for one another — but no sex; sex with others. I think.”
That freedom, though, was always anchored in deep devotion and care — and a mutual understanding that went far beyond art, philosophy, or sex. “He believed in freedom and desire,” Michael said, “and the two’s relationship.”
When I asked what all the essays and articles hadn’t yet captured, Michael paused. “Maybe that his writing was tightly knotted, but that his true personality was vulnerable, and that he had the defense mechanisms of cheer and optimism to conceal that vulnerability. But it was in his eyes.”
The moment that captured who Ed was to him came at the end. “When he was dying, his second-to-last sentence (garbled then repeated) was, ‘Don’t forget to pay Merci,’ the cleaning lady coming the next day. We had had a rough day, and I was popping off like a coach or dad about getting angry at his weakness and pushing through it. He took it almost like a pack mule.”
Edmund White’s work shaped generations — it gave us language for desire, shame, wit, and liberation. But what lingers just as powerfully is the extraordinary life Ed lived with a man who saw him not only as a literary giant but as a real person: sunny, complex, vulnerable, generous.
In the end, Ed’s final words to his husband weren’t about his books or his legacy. They were about care, decency, and love. “You’re good,” he told Michael—a benediction, a farewell, maybe even a thank-you.
And now, as the world celebrates the prolific writer and cultural icon Edmund White, it feels just as important to remember the man and the person who knew him best. Not just the story but the characters who stayed to see it through to the end.
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