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Justice Dept. brief against DOMA lauded as ‘watershed moment’

Administration says law ‘unconstitutionally discriminates’

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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.

 

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National

Philadelphia event to launch 2026 LGBT History Month

Dr. Fauci to be honored as 31 LGBT ‘Icons’ are announced

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U.S. Rep. Chris Pappas is among this year’s Icon award recipients from the Equality Forum. (Washington Blade photo by Michael Key)

Equality Forum, the Philadelphia-based group that organizes the nation’s annual LGBT History Month in October, is scheduled to launch the 2026 LGBT History Month at a VIP Reception on Sept. 27.

The event, to be held at Philadelphia’s Independence Visitor Center, will honor Dr. Anthony Fauci, the former director of the U.S. National Institute of Allergies and Infectious Diseases who is credited with playing a leading role in the fight against HIV/AIDS and COVID-19. Equality Forum was to present Fauci with its International Role Model Award.

The Equality Forum, which operates programs focusing on LGBT history and the people who play a leading role in historic undertakings, will also present its Frank Kameny Award to Erica Deuso, who in 2025 won election as the first openly transgender mayor in the state of Pennsylvania as mayor of the town of Downington, Pa. 

A statement released by the Equality Forum points out that LGBT History Month, held each year, celebrates the achievements of 31 lesbian, gay, bisexual, or transgender icons throughout the month of October. “Each day in October, a new LGBT icon is featured with a video, bio, bibliography, downloadable images, and other resources,” the statement says.

Although the statement releases the name and a short background description of each of this year’s 31 LGBT icons, the icons were scheduled to be officially announced and honored at the Sept. 27 event.

“The LGBT community is the only community worldwide that is not taught its history at home, in public schools or in religious institutions,” the statement says. “LGBT History Month provides role models, builds community and makes the civil rights statement about our extraordinary national and international contributions,” it says.

This year’s Icons include designer Calvin Klein, media mogul Barry Diller, U.S. Senate hopeful Chris Pappas, and perhaps most notably President Abe Lincoln.

Additional information about the event and a list of the 2026 LGBT Icons can be accessed at lgbthistorymonth.com.    

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Netherlands

Dutch prime minister visits Stonewall Inn

Rob Jetten is the Netherlands’ first openly gay prime minister

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Dutch Prime Minister Rob Jetten, on right, visits the Stonewall Inn in New York on Sept. 21, 2026. (Photo courtesy of Jetten's X account)

Dutch Prime Minister Rob Jetten on Monday visited the Stonewall Inn in New York.

“The Stonewall Inn is not just a gay bar in New York, but the place where in 1969 riots took place as a reaction to years of discrimination and police violence,” wrote Jetten on X. “This is seen as the starting point of the global LGBTIQ+ emancipation and activism. Nowadays, the bar is a national monument, dedicated to the LGBTIQ+ rights movement.”

“For me, it is impressive and moving to be here tonight. And also fitting, because the defense of human rights is an important part of our foreign policy,” he added. “The Netherlands stands alongside the Stonewall Inn community when it comes to everyone’s right to live openly, safely, and with pride, no matter who you are or who you love.”

Jetten in February became the Netherlands’s first openly gay prime minister.

He opened last month’s World Pride Human Rights Conference in Amsterdam. Jetten also participated in a panel with former Irish Prime Minister Leo Varadkar, former San Marino Captain Regent Paolo Rondelli, and other current and former heads of government who are gay or lesbian.

Jetten is scheduled to speak to the U.N. General Assembly on Thursday.

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For lesbian victims of domestic violence, competent care is scare

Heteronormative assumptions, funding cuts contribute to lack of resources for survivors

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Design by Soph Holland.

Uncloseted Media published this story on Sept. 22.

By EMMA PAIDRA | Claire, a 25-year-old Los Angeles resident, distinctly remembers the night she and her ex-girlfriend broke up.

“She was strangling me in a CVS parking lot,” Claire recalls, adding how she was gasping for air as bystanders looked on. “I made eye contact with one man who just kept walking, and we were right behind a car that was trying to reverse out of a parking spot. No one got out of the car. They didn’t honk; they didn’t do anything.”

Claire, who asked to use a pseudonym due to safety concerns regarding her ex, says she managed to fight her way out of her then-girlfriend’s grasp. It was at this moment in 2024 she realized things had reached a breaking point.

While research on intimate-partner violence has traditionally focused on opposite-sex couples, two recent reports found that queer women, like Claire, are not immune to this type of abuse. An international research review published last year in the Journal of Media Critiques found “IPV rates in same-sex relationships are comparable to or exceed those in heterosexual relationships,” with up to 46 percent of lesbians encountering such abuse, compared to 36 percent of straight women. A separate review published earlier this year found that nearly 27 percent of lesbians surveyed had experienced IPV.

Despite the prevalence of IPV in lesbian relationships, heteronormative and outdated assumptions have left many queer women feeling like they have nowhere to turn for competent services and support, according to experts, advocates and victims interviewed by Uncloseted Media.

“Queer folks are joining the conversation to say, ‘This is happening in our communities, too, and we need the same resources and support services that straight women are offered,’” Tori Stranges, a professor of women’s studies at the University of British Columbia, told Uncloseted Media.

A frequently overlooked problem

Stranges says the false notion that only men are domestic abusers can result in violent same-sex relationships not being taken seriously.

“People assume that violence is perpetrated by men against women,” she says, adding that this “has left queer people out of the conversation.”

“If it was a man that was doing all these things, and people heard and saw it, I’m sure I would have been taken seriously,” says Claire. “People saw a 5-foot-7 woman who didn’t look that strong — and above all, she was a woman. Men, especially, don’t really see that as a threat. So they’re like, ‘If I’m not threatened, then I’m sure it’s not a big deal.’”

Outdated assumptions about IPV can even result in victims themselves overlooking their abuse.

“When it comes to abuse in heterosexual relationships, there are national campaigns, there are resources that you can access,” Stranges says. “There are people coming into the school systems to talk about relationship violence. We don’t have similar recognition and the same conversations about queer people.”

Claire says the violence she was subjected to was paired with moments of intense affection, which made it harder for her to recognize the abuse.

“We would get into a fight, and she would physically abuse me, and then apologize. She was actually also very gentle with me sometimes,” Claire recalls. “That kind of cycle can be really addicting. I would always wait for the good parts.”

The role of mental illness

K.P., a 47-year-old lesbian living in Maine, was with her abusive ex-girlfriend for five years before ending the relationship in 2023. During their time together, K.P. says her ex, who struggled with panic disorders, ADHD and depression, experienced a decline in her mental health, which contributed to more frequent outbursts of rage. When it comes to the link between rage and violence, one 2022 meta-analysis found that “anger was a significantly stronger correlate of IPV perpetration for women than men.”

K.P., who was working from home at the time and felt like she had no escape, says her ex’s verbal abuse spiraled into physical violence.

“I was on the couch with my laptop, trying to work, and she was just being belligerent,” recalls K.P., who asked to be identified by only her initials because of safety concerns. “I tuned her out, but when she realized I wasn’t giving her the attention that she expected, she went to the kitchen, grabbed two knives and started coming at me.”

K.P. ran outside, trying to get away. Her ex ran after her and then chased her back inside to avoid being seen by neighbors.

Once inside, her partner hid her phone. K.P. used this brief window to message a co-worker on her laptop, asking him to call the police.

“I was confused and afraid,” K.P. told Uncloseted Media. “I’d never been chased with a knife before, let alone by someone who I cared about.”

Research shows LGBTQ people have higher rates of mental health conditions than their non-LGBTQ peers. A study published last year in JAMA Network Open found sexual and gender minorities had “significantly higher odds of at least four of 10 commonly diagnosed mental health conditions,” including post-traumatic stress disorder and bipolar disorder.

IPV may also contribute to negative mental health effects, with research finding that victims experience an increase in depression, anxiety and PTSD and a reduction in life satisfaction.

“After we broke up, I was messed up,” K.P. says. “It took me a good six or eight months to feel like I could breathe again.”

Trapped in a ‘double closet’

In addition to mental health, the stigma of being queer may affect a victim’s response to being in an abusive relationship. When Claire first came out to her family, she says they kicked her out of their home until she returned to the proverbial closet. They eventually accepted her sexuality, but Claire says the residual shame she carried afterwards led her to avoid the added stigma she feared she’d experience if she admitted to being in an abusive relationship.

“All of that combined made me feel so trapped. I just thought, ‘Oh my god, I’m being judged from every single angle,’” she says. “There was just nowhere to go.”

Letícia Yuki de Araujo Furukawa, a clinical psychologist specializing in supporting survivors of IPV, says this kind of thinking is not uncommon among queer women in abusive relationships.

“Sometimes lesbian women who are experiencing IPV relationships start to isolate themselves, to prevent themselves from the shame and judgment they think they are going to suffer,” she says.

Furukawa says this impulse is rooted in the layers of stigma queer women face.

“It comes down to two things that make it like a double closet: We have the closet of being a lesbian, and you have the other one that comes from being in a violent relationship.”

According to Furukawa, having a supportive family can decrease the risk of entering an abusive relationship. Unfortunately, strained familial relationships are common among queer people: A 2022 study in the Journal of Marriage and Family found that 32 percent of gay and lesbian adult children — compared to 22 percent of their heterosexual counterparts — were estranged from their fathers.

Because of the shame Claire faced from her family when she came out, she was reluctant to admit there was a problem in her relationship when her mother and sister expressed concern. She worried that if her family knew her lesbian relationship was abusive, they would stop accepting her queer identity.

“My mom and sister would say to me during the relationship that they thought my ex looked evil, and that I changed so much. I used to be such a bubbly girl, and my personality made a complete 180,” she remembers. “In my head, I was like, ‘I can’t admit that it’s true.’”

‘Gaps in, policy, care, and services’

When queer women have the courage to report IPV, some don’t receive the response they’re hoping for. When police arrived at K.P.’s home following the knife-wielding incident, she says they opened a case file and wrote an incident report but said there was nothing else they could do because her ex had fled the scene.

“It was a little frustrating that since my ex-girlfriend drove away, the police couldn’t do anything,” K.P. explains.

Laura Elizabeth, an assistant professor of criminal justice at Virginia Union University who researches IPV, says there may have been additional steps police could have taken to support K.P., including connecting her with resources for domestic-violence survivors.

“It is vital that [police] make the proper referrals, and that it not just be limited to handing the victim a brochure,” she says. “There needs to be an active discussion with victims about what their options are in terms of who they can reach out to, who can offer what services.”

Kimberley Jackson, an associate professor at the Arthur Labatt Family School of Nursing at Western University, says lack of research on same-sex domestic violence also impacts the support services available to lesbian victims.

“The intersection of IPV and the LGBTQ community is really not well understood,” Jackson told Uncloseted Media. “What we can tell you based on really limited evidence, is that there are huge gaps in policy, care and services. And with respect to shelters, we haven’t really moved the needle very far.”

One area in which shelters may be failing lesbian victims has to do with both the perpetrator and the victim being able to access the same shelter.

“This issue is further compounded in rural areas, where there’s likely only one shelter,” Jackson says. “There’s a chance they won’t be able to turn someone away, even if they’re the perpetrator.”

Jackson says queer victims of domestic violence who aren’t open about their sexuality may face additional obstacles.

“With respect to anonymity, in a lot of rural places, you’re going to know people in the community,” she says. “There are issues with accessing help if you’re worried about outing yourself.”

Calls for change

Experts and victims say LGBTQ training for shelter workers and law enforcement, as well as funding for research, could help prevent same-sex IPV and address the damage done by such abuse.

But under the Trump-Vance administration, these funding resources are slipping away. In March of last year, the administration canceled at least 68 grants, totaling nearly $40 million, that were focused on LGBTQ health. A second round of cuts followed two months later, during which $800 million worth of grants dedicated to researching LGBTQ health were terminated.

Rebecca Hobbs, co-executive director of Through These Doors, a domestic violence resource and advocacy center in Portland, Maine, says LGBTQ training materials are essential to ensuring shelters can support lesbian victims.

“LGBTQ people will not come to us unless they see themselves reflected in our materials,” Hobbs says. “We want our advocates to be well versed in understanding the additional barriers and challenges that LGBTQ people might experience.”

Advocates say police departments could also benefit from LGBTQ-awareness training.

The state of California and a number of large cities — including Atlanta, Chicago, Los Angeles, Houston, New Orleans, New York, Philadelphia and D.C. — have implemented some form of LGBTQ-sensitivity training.

But Greg Miraglia, founder and CEO of Out to Protect, a national organization supporting LGBTQ police officers and equipping all officers to serve queer people, says these programs are the exception, not the rule.

“Most other states do not require any type of LGBT awareness training,” Miraglia, a retired police officer who is based in California., told Uncloseted Media “There are over 18,000 law enforcement agencies out there, and I don’t think we’ve scratched the surface.”

“The problem comes about when law enforcement goes into a domestic violence incident with a same-sex couple without any training, carrying a lot of stereotypes that are common,” Miraglia adds. “They’re not picking up the fact that this is a couple that’s involved in an intimate relationship, and therefore domestic violence laws in that state apply.”

Claire says she wishes someone had intervened when her ex abused in the CVS parking lot and on her college campus. “The police had the biggest missed opportunity to intervene, as well as campus security,” she says. “A lot of our fights were in public, and she would get very loud. I made a promise to myself that if I ever saw anything like that in public, I would say something, because that’s all I needed at the time.”

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