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Mikulski pressured to co-sponsor DOMA repeal

Petition of more than 3,000 names to be delivered Friday

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Sen. Barbara Mikulski (photo courtesy wikimedia)

The senior U.S. senator from Maryland is facing increasing pressure to sign on as a co-sponsor of legislation to repeal the Defense of Marriage Act amid plans to win marriage equality in her state in 2012.

A coalition of LGBT rights advocates — made up of Courage Campaign, Freedom to Marry and Equality Maryland — are building pressure on Sen. Barbara Mikulski (D-Md.) to co-sponsor the Respect for Marriage Act by circulating a petition among Maryland residents asking her to support the bill.

MORE IN THE BLADE: SENATE PANEL APPROVES DOMA REPEAL LEGISLATION

As of Tuesday, organizers had collected more than 3,000 names for the petition encouraging Mikulski to voice support for the Respect for Marriage Act. LGBT rights advocates were set to deliver the petition to Mikulski’s Baltimore, Md., office on Friday.

LGBT rights advocates said Mikulski’s lack of co-sponsorship of the bill, which is sponsored by Sen. Dianne Feinstein (D-Calif.), is particularly striking because other elected officials in her states have voiced support for same-sex marriage and because plans are in motion to legalize same-sex marriage in the state next year.

Rick Jacobs, chair of the Courage Campaign, said Mikulski’s support would be significant because she’s a leader of the Democratic Party and because it would align her with the movement toward marriage equality in Maryland.

“I think with Sen. [Benjamin] Cardin on board, and the governor on board and her state moving, I think it’s really important that she joins in,” Jacobs said. “I’m going to assume that her staff and she simply need education. I’m going to assume that. If several thousand of her constituents can help her provide that education, then that’s great. But beyond that it’s really time for Sen. Mikulski to join us.”

MORE IN THE BLADE: WHY DOES NOM BELIEVE DOMA WILL BE IN THE DEFENSE BILL?

Last month, Gov. Martin O’Malley announced he would push for the legalization of same-sex marriage in Maryland as part of his legislative package in 2012. The Maryland governor had been criticized for not taking a leadership role in the effort to legalize gay nuptials in his state this year.

Evan Wolfson, president of Freedom to Marry, said O’Malley’s support indicates that Maryland is in the midst of a debate on same-sex marriage and said Mikulski’s co-sponsorship of the Respect for Marriage Act would show where she stands in the discussion.

“It’s important that Sen. Mikulski be on the right side of this deeply important matter of justice for families and the right side of history as well,” Wolfson said.

Additionally, Wolfson said Mikulski’s co-sponsorship would put her in a position to back same-sex couples in her state who are married or are seeking the right to marry. While Maryland doesn’t offer same-sex marriage under state law, it recognizes such unions that are performed in other jurisdictions.

“As we’ve seen from the release on Census data and the snapshots provided by the Williams Institute and others, there are families in Maryland across the state who are harmed by the denial of marriage, and by federal discrimination against the marriages that they manage to celebrate right across the border in the District of Columbia as well as other states,” Wolfson said.

According to recent numbers published by the Williams Institute at the University of California in Los Angeles based on data from the 2010 U.S. Census, 16,987 same-sex couples live in Maryland and make up 7.88 couples in every 1,000 households.

Rachel MacKnight, a Mikulski spokesperson, said the senator is “very closely” looking at Feinstein’s legislation.

As long as the Senate is out of session for August recess, Mikulski is unable to sign on as a co-sponsor to the legislation. An informed source said the senator would make an announcement regarding her support for the Respect for Marriage Act in September.

Other members of the congressional delegation from Maryland have already signed on in support of the legislation. Cardin, the junior senator from Maryland, joined on as a co-sponsor in May. The legislation has a total of 28 co-sponsors in the Senate — all Democrats.

In the House, where Rep. Jerrold Nadler (D-N.Y.) sponsors companion legislation, Reps. John Sarbanes, Donna Edwards and Chris Van Hollen as well as House Minority Whip Steny Hoyer have become co-sponsors. The House legislation has 120 co-sponsors in total.

Lisa Polyak, acting board chair for Equality Maryland, said support from Mikulski would “round out the complement” of statewide elected officials in Maryland who’ve voiced support for same-sex marriage.

“She’s the only one at this time who doesn’t, both at the state and federal level,” Polyak said. “I think there’s really no reason for her not to support it. Public opinion polls are there. She’s shown herself to be a progressive senator on other issues, and I think this fits easily within the types of issues that she’s supported in the past for women and family and children.”

Other members of the congressional delegation from Maryland have yet to sign on in support of the Respect for Marriage Act. They include Democratic Reps. C.A. Dutch Ruppersberger and Elijah Cummings. Republican House members Roscoe Bartlett and Andrew Harris also aren’t DOMA repeal co-sponsors. Bartlett has voiced opposition to same-sex marriage and has voted for a U.S. constitutional amendment restricting marriage to one man, one woman.

CORRECTION: An earlier version of this article incorrectly identified Rep. Andrew Harris (R-Md.) as a Democrat. The Blade regrets the error.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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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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