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National news in brief: Dec. 23

A former DOMA supporter becomes a sponsor of its repeal, group to take Prop 8 back to ballots in 2012, and more

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Bob Menendez

Sen. Bob Menendez (D-NJ) — once a vote for DOMA — has signed on to help lead its repeal. (Photo by Luigi Novi)

Menendez is 32nd co-sponsor of DOMA repeal

WASHINGTON — Though he voted for the law in 1996, Sen. Bob Menendez (D-N.J.) is now co-sponsoring the bill to kill the Defense of Marriage Act.

Joining 12 other colleagues that once supported DOMA and who are now co-sponsoring its repeal, called the Respect for Marriage Act, last week Menendez became the bill’s 32nd co-sponsor.

“Since my vote in favor of the Defense of Marriage Act 15 years ago, like tens of millions of Americans, I have reflected deeply and frequently about this issue,” Menendez wrote in an editorial for the New Jersey Star-Ledger. “For me, this comes down to the principles I learned as the child of immigrants and that I cherish as an American: that we believe in equality for all people under the law.”

Prop 8 repeal group to gather signatures

SACRAMENTO, Calif. — The California Secretary of State has approved language for signature gathering to a group seeking to overturn by ballot California’s Proposition 8, which banned marriage rights for same-sex couples in that state.

Los Angeles-based Love Honor Cherish formed during the original Proposition 8 fight in 2008, and has pledged to take Prop 8 back to the ballot in 2012. The group will have until May 14 to collect 807,615 valid signatures in order to qualify for the November ballot.

Equality California decided against supporting a 2012 ballot measure due to optimism surrounding the Perry v. Brown federal trial and worries about the ability to raise enough cash to fund another ballot battle.

Orlando approves domestic partnership registry

ORLANDO, Fla. — Last week, the Orlando City Council voted unanimously to approve a domestic partnership registry, becoming the first city in central Florida to do so, according to the Orlando Sentinel.

The registry opens to both same-sex and unmarried opposite-sex couples on Jan. 12, and will allow couples to register for $30, giving them the ability to make health decisions for one another, end of life decisions and visit one another in the hospital and in jail — all rights automatically granted to married couples. Same-sex couples in Florida are denied marriage rights due to a voter-approved constitutional amendment.

Mich. seeks to void anti-bias ordinances

LANSING, Mich. — Republican state representative Tom McMillan introduced a bill in the Michigan House that would undo LGBT-inclusive non-discrimination ordinances around the state.

HB 5039 says that a state agency or local government cannot adopt ordinances or regulations protecting classes not specifically listed in the state’s list of protected classes, the Elliot-Larsen Civil Rights Act. Currently Ann Arbor, Lansing, East Lansing and Kalamazoo bar employment and housing discrimination based on gender identity and sexual orientation. Efforts to add LGBT Michiganders to the statewide list of protected classes have failed in the past.

Gov’t drops deportation case against couple

SPRINGFIELD, Mass. — Michael Thomas and John Brandoli now know they will be spending this holiday together, and likely many more in the future.

U.S. Immigration and Customs Enforcement has stopped seeking deportation for Thomas — who is fighting his order to leave his husband and return to his native Trinidad. Upon the insistence of Sen. John Kerry, I.C.E. has agreed to join the motion to stop the removal.

Brandoli and Thomas were legally married in Wilbraham, Mass., on March 28, 2010. The 1996 Defense of Marriage Act prevents the federal government from recognizing legal marriages performed in states like Massachusetts that occur between members of the same-sex, which creates hardships for married bi-national couples.

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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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