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Feinstein on DOMA repeal: ‘We’re in this for the long march’

Calif. senator says no time set for committee to report out repeal bill

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Sen. Dianne Feinstein (Blade file photo by Michael Key)

Sen. Dianne Feinstein (D-Calif.) maintained on Tuesday that backers of legislation that would repeal the Defense of Marriage Act are in the fight “for the long march” and will continue pushing for the bill’s passage even it doesn’t make it through this Congress.

Feinstein, the sponsor of DOMA repeal legislation known as the Respect for Marriage Act, asserted supporters will continue to press on with the measure at the National Press Club during a news conference intended to highlight the bill and a Senate hearing set to take place Wednesday on the measure.

“I want to assure you that this isn’t a cause which we are going to drop,” Feinstein said. “We are not faint hearts about this. If we don’t succeed this session, we will try again next session. If we don’t succeed next session, we will try again the following session, but, believe me, we will continue this effort until the battle is won.”

Among the 14 senators who voted against DOMA when it came before the Senate in 1996, Feinstein said she opposed the measure at the time because she thought it was “unconstitutional” and continues to believe that to this day about the anti-gay law.

Following the news conference — which was organized by the Courage Campaign, a progressive organization working to build support in the Senate for DOMA repeal — reporters questioned Feinstein about the prospects for passing repeal legislation during the 112th Congress. Observers have said passage of any pro-LGBT bill — including DOMA repeal — wouldn’t happen as long as Republicans remain in control of the House.

Asked whether she thinks DOMA repeal would pass the Republican-controlled House, Feinstein acknowledged passage in that chamber remains a challenge, but reiterated “we’re in this for the long march, not just for the short haul.”

Observing litigation is making its way through the federal courts that could strike down DOMA, Feinstein said she wants legislative repeal of DOMA in addition to having the judiciary rule against the law. Asked whether she had a preference for legislative or judicial action, the California Democrat replied, “I think we should do both, so that we secure the arena forever.”

The necessary 10 votes in the Senate Judiciary Committee are present to report out the legislation to the floor. Each of the Democrats on the committee have signaled — through co-sponsorship or on-the-record comments — they would support the bill. Sen. Patrick Leahy (D-Vt.), chair of the panel, could report out the legislation to the floor, if he so chose, following the hearing on Wednesday.

However, Feinstein said a timeframe hasn’t yet been established for when the legislation would proceed to the floor — or even if it would happen this Congress — as she acknowledged that the votes are present in committee to move forward.

“There’s no timeframe right now and this is — I believe we have votes from all Democrats, so whether we’ll pass it out on a majority basis, I don’t know,” Feinstein said.

Feinstein maintained that the purpose of the upcoming hearing would be to demonstrate the hardship that DOMA has on married same-sex couples.

“I think it’s very important that we achieve a level of understanding of what this is — that it’s not affording any special rights,” Feinstein said. “It is simply saying that if you’re legally married in a state, the federal government can’t prevent your spouse, for example, from getting Social Security benefits — those kinds of things that are afforded to married couples.”

Under questioning from the Washington Blade, Feinstein also responded to criticism about the scheduled witnesses for the hearing being all white and the lack of representation of bi-national couples at the hearing. Gay activist Dan Choi has spoken out against the selection of the witnesses for being what he called “exclusively white and privileged,” even though the hearing notice indicates the same-sex couples set to testify have suffered economic hardship because of DOMA.

Feinstein said she believes the selection of witnesses accurately represents the issues LGBT couples face under DOMA.

“Every couple has a different story to tell,” Feinstein said. “That’s for sure. The point is, these are all legally married people. And the point is marriage is the preserve of the state, not the federal government. Just as all family matters, abortion, adoption, inheritance are really state law. That’s why one state is different from another state.”

A transcript of the exchange between Feinstein and reporters on DOMA repeal legislation follows:

Reporter: When will the bill before the Senate Judiciary Committee? Is there a timeframe?

Dianne Feinstein: Oh, it’s before the Judiciary Committee. The hearing is tomorrow.

Reporter: But a vote in committee? A markup?

Feinstein: No. There’s no timeframe right now and this is — I believe we have votes from all Democrats, so whether we’ll pass it out on a majority basis, I don’t know. I think it’s very important that we achieve a level of understanding of what this is — that it’s not affording any special rights. It is simply saying that if you’re legally married in a state, the federal government can’t prevent your spouse, for example, from getting Social Security benefits — those kinds of things that are afforded to married couples.

Reporter: Senator, is there any Republican support from your bill?

Feinstein: Not at this time. I think it’s a hard time because of the Tea Party and the sort of ideological bent right now. But that’s going to change.

Reporter: You said that the president’s opinion on marriage equality — should he come out in favor of it — would certainly be welcome. You’re hoping he endorses repeal. Have you had any talks with the administration on the bill?

Feinstein: No. I haven’t precisely. I was very heartened when the administration came out with their belief that it was unconstitutional, and I think that’s a major step forward. The issue will go to the Supreme Court. That’s one way of the issue being solved and the other way is legislatively.

Reporter: Do you have a preference?

Feinstein: Oh, I think we should do both, so that we secure the arena forever.

Reporter: Do you think you’ll have any trouble getting it through the House?

Feinstein: Right now I think it will, but as I said, we’re in this for the long march, not just for the short haul.

Reporter: Senator, the selection of witnesses for tomorrow’s hearing has come under criticism. There are no racial minorities who will be testifying about how DOMA affects them. Also, there’s no bi-national couples who will be testifying —

Feinstein: I can’t answer that because the chairman usually puts together the witnesses. I think we were asked to submit one couple, is that right? [Feinstein aide: “We submitted a number of selections.]

Reporter: But really quickly, do you think the selection of witnesses accurately represents how DOMA impacts same-sex couples.

Feinstein: Yes. I mean, every couple has a different story to tell. That’s for sure. The point is, these are all legally married people. And the point is marriage is the preserve of the state, not the federal government. Just as all family matters, abortion, adoption, inheritance are really state law. That’s why one state is different from another state.

Reporter: Senator, how about within the broader Democratic caucus. Do people want this? Is this something that your fellow senators, you sense, want a floor vote on even if it can’t pass in the House?

Feinstein: It would be, of course, ideal to have a floor vote and have it pass. It would not be ideal to have a floor vote and have it fail. I’m not into failure as an option.

Reporter: How did you feel all those years ago when you were one of … 14 [senators who voted against DOMA] and how have things changed since then?

Feinstein: I think eyes have opened. I think more and more people across this land know people who are gay, who want to have a lasting relationship, who look at marriage as an economic agreement as well as an emotional agreement, who want to raise children and do raise children — many of them — children who have no other option. So, it becomes an important social gift, too.

Thank you, bye.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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New York

Zohran Mamdani participates in NYC Pride parade

Mayoral candidate has detailed LGBTQ rights platform

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NYC mayoral candidate and New York State Assembly member Zohran Mamdani (Screen capture: NBC News/YouTube)

Zohran Mamdani, the candidate for mayor of New York City who pulled a surprise victory in the primary contest last week, walked in the city’s Pride parade on Sunday.

The Democratic Socialist and New York State Assembly member published photos on social media with New York Attorney General Letitia James, telling followers it was “a joy to march in NYC Pride with the people’s champ” and to “see so many friends on this gorgeous day.”

“Happy Pride NYC,” he wrote, adding a rainbow emoji.

Mamdani’s platform includes a detailed plan for LGBTQ people who “across the United States are facing an increasingly hostile political environment.”

His campaign website explains: “New York City must be a refuge for LGBTQIA+ people, but private institutions in our own city have already started capitulating to Trump’s assault on trans rights.

“Meanwhile, the cost of living crisis confronting working class people across the city hits the LGBTQIA+ community particularly hard, with higher rates of unemployment and homelessness than the rest of the city.”

“The Mamdani administration will protect LGBTQIA+ New Yorkers by expanding and protecting gender-affirming care citywide, making NYC an LGBTQIA+ sanctuary city, and creating the Office of LGBTQIA+ Affairs.”

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