National
Obama talks DOMA, bullying at Latino roundtable
POTUS says courts best path to bring DOMA to an end
Barack Obama (Washington Blade file photo by Michael Key)
President Obama said the courts represent the best path for bringing the Defense of Marriage Act to end in response to a question on what he’s doing to help bi-national same-sex couples stay together in the United States.
Gabriel Lerner, senior news editor for AOL Latino and Huff-Post Latino Voices, brought the question up on Thursday while moderating a roundtable called “Open for Questions with President Obama” on issues important to the Latino community:
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Lerner: Mr. President, on the Defense of Marriage Act, also called DOMA, this comes from Kevin in North Carolina. He says: I’m a gay American who fell in love with a foreigner. As you know, due to DOMA, I’m not permitted to sponsor my foreign-born partner for residency. And as a result, we are stuck between a rock and an impossible situation. How do you intend to fix this? Waiting for DOMA to be repealed or struck down in the courts will potentially take years. What do binational couples do in the meantime?
Obama: Well, we made a decision that was a very significant decision, based on my assessment of the Constitution, that this administration would not defend DOMA in the federal courts. It’s not going to be years before this issue is settled. This is going to be settled fairly soon, because right now we have cases pending in the federal courts.
Administratively, we can’t ignore the law. DOMA is still on the books. What we have said is even as we enforce it, we don’t support it, we think it’s unconstitutional. The position that my administration has taken I think will have a significant influence on the court as it examines the constitutionality of this law. And once that law is struck down — and I don’t know what the ruling will be — then addressing these binational issues could flow from that decision, potentially.
I can’t comment on where the case is going to go. I can only say what I believe, and that is that DOMA doesn’t make sense; it’s unfair; I don’t think that it meets the demands of our Constitution. And in the meantime, if — I’ve already said that I’m also supportive of Congress repealing DOMA on it’s own and not waiting for the courts. The likelihood of us being able to get the votes in the House of Representatives for DOMA repeal are very low at this point so, truthfully, the recourse to the courts is probably going to be the best approach.
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LGBT advocates working on immigration issues said in response to Obama’s comments that the president could do more to assist gay Americans in same-sex relationships with foreigners.
Lavi Soloway, founder of Stop the Deportations, said he doesn’t believe Obama’s answer was sufficient and the president should issue a moratorium to ensure foreign nationals in same-sex relationship aren’t deported because of DOMA:
“In his response, the President, a former constitutional law professor and son of a binational couple, said three times that DOMA is unconstitutional and affirmed his commitment to not to defend DOMA in court,” Soloway said. “Despite this, he believes that he must enforce this law against gay and lesbian Americans who are married to foreign nationals, until DOMA is repealed by Congress or struck down by the courts. The administration can and must do more to help binational couples now.”
Soloway continued, “First the administration must ensure that all binational couples are safe by issuing a moratorium on “DOMA deportations” and by issuing explicit written guidelines directing the exercise of prosecutorial discretion for same-sex binational couples.”
“Second, the administration must hold in abeyance decisions on all marriage-based green card applications filed by same-sex couples and stop denying those cases,” Soloway said. “This administration believes that it cannot approve such cases because of DOMA, but it does not follow that those cases must be denied. At the very least, we should wait until the fate of DOMA has been determined by Congress or the Supreme Court before decisions are rendered on any pending green card cases filed by lesbian and gay binational couples.”
Steve Ralls, spokesperson for Immigration Equality, also called on the administration can place the green card applications on hold for gay Americans seeking to sponsor their foreign partners for residency while still following the law:
“We obviously agree with the president that DOMA is unconstitutional,” Ralls said. “But we also know there are many things the president can do even before DOMA is repealed to help bi-national couples. The most significant among those is holding green card application filed by those couples until the courts have resolved DOMA’s fate. That gives legal protection to couples, it does not violate DOMA and it’s clearly within the president’s authority to do so. That should be the action that he takes until the courts intervene to end DOMA completely.”
Also during the roundtable, Obama discussed what his administration has done to combat the bullying of students, although the question was based on the bullying of students for being Latino as opposed to being LGBT.
Jose Siade, Yahoo’s editor in chief for U.S. Hispanic and Latin America, brought the question to the President during the roundtable:
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Siade: This question comes from Florida: Since bullying is increasing in an alarming way in the U.S., what can be done to avoid further discrimination or bullying within various racial groups, particularly for Hispanic kids in school?
Obama: I think it’s a really important question. We actually had the first-ever conference on bullying here in the White House — because for young people it’s hard enough growing up without also then being subject to constant harassment. And the kind of bullying that we’re seeing now, including using the Internet and new media, can be very oppressive on young people.
So what we’ve tried to do is to provide information and tools to parents, to schools, to communities to push back and fight against these kinds of trends. And a lot of the best work has actually been done by young people themselves who start anti-bullying campaigns in their schools, showing how you have to respect everyone, regardless of race, regardless of religion, regardless of sexual orientation. And when you get a school environment in which that’s not accepted by young people themselves, where they say we’re not going to tolerate that kind of bullying, that usually ends up making the biggest difference, because kids react to their peer group more than sometimes they do adults.
And what we need to do is make sure that we’re providing tools to schools and to young people to help combat against bullying, and it’s something that we’ll continue to work on with local communities and local school districts as well.
Lerner: So you’re going to have a conference on bullying in the White House?
Obama: We already did. We had it — it was probably four or five months ago. And we brought in non-profit groups, religious leadership, schools, students themselves. And they have now organized conferences regionally, around the country, so that we can prevent this kind of bullying from taking place.
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New York
Men convicted of murdering two men in NYC gay bar drugging scheme sentenced
One of the victims, John Umberger, was D.C. political consultant
A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.
NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.
John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.
The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.
Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.
National
Medical groups file lawsuit over Trump deletion of health information
Crucial datasets included LGBTQ, HIV resources
Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.
The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.
“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.
“These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.
It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”
The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question.
A White House spokesperson couldn’t immediately be reached for comment on the lawsuit.
While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management.
The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.
Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.
“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.
“Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says.
Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”
Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”
Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.
“As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from the Washington Blade.
“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said.
The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”
It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”
The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society.
The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.
U.S. Federal Courts
Federal judge scraps trans-inclusive workplace discrimination protections
Ruling appears to contradict US Supreme Court precedent
Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.
The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.
To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.
While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”
“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.
The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.
Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.
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