National
Holder won’t defend laws barring benefits for gay troops
Att’y Gen’l deems Title 38 provisions unconstitutional in letter to Congress
U.S. Attorney General Eric Holder announced on Friday in a letter to Congress that the administration would no longer defend in court laws barring married gay troops from receiving spousal benefits.
The statute in question, Title 38, governs employment rights for U.S. service members. Language in the law denies partner benefits to service members and veterans if they’re married to someone of the same-sex, including disability benefits and death compensation.
“The legislative record of these provisions contains no rationale for providing veterans’ benefits to opposite-sex spouses of veterans but not to legally married spouses of veterans,” Holder writes. “Neither the Department of Defense nor the Department of Veterans Affairs identified any justifications for that distinction that could warrant treating these provisions differently from Section 3 of DOMA.”
In the letter, Holder says he determined that Title 38, as it pertains to same-sex couples married under state law, violates the equal protection component of the Fifth Amendment and said he’s instructed his attorneys to no longer defend the law. Holder writes he’ll give Congress the opportunity to defend the law in court and keep enforcing the statute as litigation continues.
The letter is similar to one Holder sent to Congress in February 2011 notifying lawmakers that the administration would no longer defend the Defense of Marriage Act in court. After the House Bipartisan Legal Advisory Group voted along party-line to take up defense of DOMA, U.S. House Speaker John Boeher directed House General Counsel Kerry Kircher to defend the anti-gay statute.
Michael Steele, a spokesperson for Boehner, deferred questions about the letter — including whether the speaker will take up defense of Title 38 — to counsel. Kircher didn’t immediately respond to a request to comment.
Holder said he reached the conclusion that portions of Title 38 are unconstitutional in response to a lawsuit known as McLaughlin v. Panetta filed by Servicemembers Legal Defense Network in October on behalf of gay troops against Title 38 and DOMA. The letter also indicates that the Justice Department won’t defend DOMA in the SLDN lawsuit, just hasn’t been defending in other lawsuits.
Aubrey Sarvis, SLDN’s executive director, praised Holder for the letter and called it an important development in the case.
“We are pleased that the Attorney General has decided not to defend the constitutionality of DOMA in the military context, just as he has declined to defend it in other contexts,” Sarvis said. “We are also delighted that, for the first time, he has said that separate definitions that apply to military veterans are also unconstitutional. This is an important step for the McLaughlin plaintiffs.”
An SLDN spokesperson deferred questions on whether the organization expects Boehner to take up defense of Title 38 to the speaker’s office.
Shin Inouye, a White House spokesperson, said Holder’s decision that portions of Title 38 are unconstitutional is line with President Obama’s earlier determination that DOMA is runs contrary to the U.S. Constitution.
“The Department of Justice’s notification to Congress today is consistent with the president’s earlier determination that section 3 of DOMA is unconstitutional,” Inouye said. “I would point you to the department for further information on today’s letter.”
On Feb. 15, the court in the McLaughlin case agreed to stay the lawsuit for 60 days. The House has until April 28 to decide if it will defend Title 38 against the lawsuit.
Holder’s decision is likely to have a bearing on another lawsuit challenging Title 38 and DOMA, Cooper Harris v. United States. The lawsuit was filed by the Southern Poverty Law Center earlier this month on behalf of Tracey Cooper-Harris, an Iraq and Afghanistan veteran who’s seeking disability benefits for her spouse.
Christine Sun, SPLC’s deputy legal director, said she believes the Holder letter applies to her organization’s lawsuit in addition to the SLDN litigation.
“There’s absolutely no reason why it wouldn’t apply to our case,” Sun said. “I believe that it was sent in connection to the McLaughlin case because there was the recent stipulation between SLDN and DOJ to extend the deadline for the government to respond to SLDN’s summary judgment case, but we’re certainly interpreting the letter to say that the Department of Justice won’t be defending Title 38 in our case either.”
But Sun added she expects Boehner to take up defense of Title 38 in the administration’s stead.
“I wish our taxpayer money was being used for better purposes, but I do expect that Congress will be intervening to defend Title 38 and Section 3 of DOMA in our lawsuit,” Sun said.
Still, Sun said she thinks the administration’s decision not to defend portions of Title 38 would help her organization’s lawsuit succeed.
“You can never predict these things, but it’s very helpful having the government confirm our position that there absolutely is no justification for treating veterans in same-sex marriages differently than their heterosexual counterparts,” Sun said. “It will hopefully be very persuasive to the court.”
Cuba
Trans parent charged with kidnapping, allegedly fled to Cuba with child
Cuban authorities helped locate Rose Inessa-Ethington
Federal authorities have charged a transgender woman with kidnapping after she allegedly fled to Cuba with her 10-year-old child.
An affidavit that Federal Bureau of Investigation Special Agent Jennifer Waterfield filed in U.S. District Court for the District of Utah on April 16 notes the child is a “biological male who identifies as a female” and “splits time living with divorced parents who share custody” in Cache County, Utah.
Waterfield notes the child on March 28 “was supposed to be traveling by car to” Calgary, Alberta, “for a planned camping trip with his transgender mother, Rose Inessa-Ethington, Rose’s partner, Blue Inessa-Ethington, and Blue’s 3-year-old child.”
The affidavit notes the group instead flew from Vancouver, British Columbia, to Mexico City on March 29. Waterfield writes the Inessa-Ethingtons and the two children then flew from Mérida, Mexico, to Havana on April 1.
The 10-year-old child called her biological mother on March 28 after they arrived in Canada. The custody agreement, according to the affidavit, required Rose Inessa-Ethington to return the child to her former spouse on April 3.
“Interviews of MV [Minor Victim] 1’s family members provided significant concerns for MV 1’s well-being, as MV 1 was born a male, however, identifies as a female child, which is largely believed to be due to manipulation by Rose Inessa-Ethington,” reads the affidavit. “Concerns exist that MV 1 was transported to Cuba for gender reassignment surgery prior to puberty.”
The affidavit indicates authorities found a note in the Inessa-Ethingtons’ home with “instruction from a mental health therapist located in Washington, D.C., including instruction to send the therapist the $10,000.00 and instructions on gender-affirming medical care for children.”
The affidavit does not identify the specific “mental health therapist” in D.C.
A Utah judge on April 13 ordered Rose Inessa-Ethington to “immediately” return the child to her former spouse. The former spouse also received sole custody.
“Your affiant believes that due to the extensive planning and preparation exhibited by both Rose Inessa-Ethington and Blue Inessa-Ethington to isolate MV 1 and take MV 1 to Havana, Cuba, without notifying or requesting permission from MV 1’s mother indicates they are likely not planning to return to the United States,” wrote Waterfield.
The affidavit notes Cuban authorities found the Inessa-Ethingtons and the child.
A press release the U.S. Attorney’s Office for the District of Utah issued notes the Inessa-Ethingtons “were deported from Cuba” on Monday “with the assistance of the FBI.”
The couple has been charged with International Parental Kidnapping. The Inessa-Ethingtons were arraigned in Richmond, Va., on Monday. The press release notes a federal court in Salt Lake City will soon handle the case.
The New York Times reported the child is now back with their biological mother.
“We are grateful to law enforcement for working swiftly to return the child to the biological mother,” said First Assistant U.S. Attorney Melissa Holyoak of the District of Utah in the press release.
The case is unfolding against the backdrop of increased tensions between Washington and Havana after U.S. forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores.
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. A second White House directive banned federally-funded gender-affirming care for anyone under 19.
The U.S. Supreme Court last year in the Skrmetti decision upheld a Tennessee law that bans gender-affirming care for minors.
Cuba’s national health care system has offered free sex-reassignment surgeries since 2008.
Activists who are critical of Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ issues as director of Cuba’s National Center for Sexual Education, have previously told the Washington Blade that access to these procedures is limited. The Blade on Wednesday asked a contact in Havana to clarify whether Cuban law currently allows minors to undergo sex-reassignment surgery.
National
Inside the lonely world of MAGA gay men
Pushback against community members who support Trump is not unusual
Uncloseted Media published this article on April 18.
This story was written in partnership with Gay Times Magazine.
By EMMA PAIDRA | When Evan decided it was time to tell his boyfriend that he voted for Trump, he couldn’t get the words out. “I was stuttering for 20 minutes straight on the phone,” he told Uncloseted Media and GAY TIMES.
Once he finally worked up the courage, he was met with pushback: “He made fun of me. … He called me a racist and a white supremacist,” says Evan, a 21-year-old math major who lives in Long Island, N.Y.
That pushback isn’t unusual: According to a 2023 Pew Research Center survey, 83 percent of queer men typically vote Democrat. One key reason gay men swing left in 2026 is because of the Trump administration and MAGA-aligned politicians’ track record on LGBTQ issues. Since the start of Trump’s second term, his administration has terminated more than $1 billion worth of grants to HIV-related research, removed the Pride flag from the Stonewall National Monument and shut down the LGBTQ-specific option on the 988 youth suicide hotline.
Because of this, many of the fewer than one in five LGBTQ men who cast their ballot for Trump in 2024 face judgment for their political affiliation.
“People think that I hate myself for being gay, and that I’m a gay traitor. … I wish there were more gay conservatives or moderates,” says Evan, who requested to use a pseudonym due to fears over retaliation for his political views.
Navigating dating and relationships as a gay Trumper
Nick Duncan, 43, can relate to Evan’s fears about being an open Trump supporter: “I mostly get hatred. I’ve never lost a conservative friend because I’m gay, but I’ve lost all of my gay friends because I’m conservative,” says Duncan, a hospitality executive who lives in Miami. “I’ve divorced myself from what I refer to as the Alphabet Mafia.”
Duncan says he feels so unwelcome by the LGBTQ community that he’s hesitant to attend certain queer events. “Nowadays, I would never go to a Pride event,” Duncan told Uncloseted Media and GAY TIMES. “I don’t feel that I would be safe.”
Despite these concerns, Duncan doesn’t hide his political views when looking for love. “I’m in a long-term relationship now, and when I have been on the dating market, I’m very open and upfront about [my political views]. So I think it just weeds out most people who would have an issue.”
For Evan, political differences have been a source of tension in his relationship even before he told his boyfriend who he voted for. “When I first met him, he asked me if I liked Trump. … He was kind of scaring me. So I said, ‘I don’t know,’” Evan recalls. “He said, ‘Good answer, because if you said yes, I couldn’t even talk to you.’”
Since revealing his conservative identity, Evan has had multiple arguments with his boyfriend about politics. “This guy, who I’ve been dating for almost a year, he’s way too far left. … The first proof is he thinks there’s more than two genders,” says Evan. “I tried telling him there were only two genders, and he got mad at me.”
Though Evan believes there are only two genders, research suggests that gender is a spectrum allowing for multiple gender identities.
Proud gay Trump supporters
According to a 2025 report from Pew Research Center, 71 percent of LGBTQ adults view the Republican Party as unfriendly towards LGBTQ Americans. Duncan thinks these critiques are unreasonable: “The Republican Party is not nearly as anti-gay as [leftists] believe,” he says. “The Trump administration has plenty of openly gay people in the administration, and Trump actually supported gay marriage before it was cool.”
Gay members of the Trump administration include Treasury Secretary Scott Bessent, as well as Tony Fabrizio, a pollster and strategist. Additionally, Trump did tell the Advocate in a 2000 interview that though “the institution of marriage should be between a man and a woman,” he thinks amending the Civil Rights Act to grant the same protection to gay people that we give to other Americans is “only fair.”
But since then, Trump has appointed Supreme Court Justices who have denounced marriage equality and Cabinet members with anti-LGBTQ track records, including Pete Hegseth, Marco Rubio, and Pam Bondi.
Duncan says part of the reason he isn’t worried about Trump’s anti-LGBTQ track record is because he doesn’t view being gay as the most important part of his identity: “The most important part of who I am is as a father.”
Duncan is not alone: A 2020 report from the UCLA Williams Institute School of Law found that Republican lesbian, gay, and bisexual people are more likely to feel connected to other parts of their identities than their sexual orientations.
Evan doesn’t identify with the community at large and does not like to be referred to as “LGBTQ” or “queer.”
“I realized I’m normal. I’m not LGBTQ,” he says. “I’m just gay.”
Evan’s desire to be seen as “normal” rings of Vice President JD Vance’s 2024 comments on Joe Rogan’s podcast, where he said Trump could win the “normal gay” vote. During this same interview, Vance suggested that parents of genderqueer children use their children’s identities as a rejection of having white privilege. Vance received significant backlash for these comments, with the Human Rights Campaign responding to the vice president’s remarks over X.
Some gay Republicans see the GOP as more friendly
For Chris Doane, 56, voting Republican is the only choice that makes sense, as he believes voting for a Democrat goes directly against his interests as a queer man. “Conservatives don’t want to murder gays. They want them saved,” he says. “Muslims vote Democrat, because if the Democrats win, they get to stay [in the U.S.], they get to take power, and they will murder gays brutally with a smile on their face,” says Doane.
Doane’s comments are unfounded and display racist stereotypes peddled by far-right American media: One study from the Brennan Center for Justice compiled data from 1984 to 2020 and found that racial resentment is more prevalent on the right than on the left.
Doane was raised in a conservative family in Bryan, Texas, and isn’t out to his family because he fears that they won’t accept him. For him, voting Republican is part of his heritage. “I was told, ‘Don’t ever let Democrats in control. They’ll ruin our country,’” he says. “That’s pretty much what they did, and that’s why President Trump is working overtime to straighten it all back out.”
Trans rights and gay Republican men
Though Doane and other gay Republicans hold a range of views, a common thread is a hesitancy around trans rights. So, they align more with the Trump administration, which has railed against the trans community with Trump’s policies and rhetoric.
For example, Doane sees being able to transition as a matter of personal freedom but thinks gender-affirming care for trans kids is a step too far.
“When it comes to transgender, I have nothing against that. I just believe that when you make that transition, it should be at a point where your brain is fully developed … and you’re actually going to enjoy that transition,” he says.
He also holds the view that for a trans person to be accepted as their correct gender, they must fully physically transition. “If you’re gonna transgender, transgender all the way. If you’ve still got male parts on you, you don’t belong in the women’s dress room.” However, research suggests otherwise, with a 2025 study indicating that policing bathroom access can lead to mental distress in trans youth.
Duncan has his own doubts.
“I disagree with the integration of gender ideology and radical wokeism into the LGBT community. You are free to live under any delusion you so desire. You’re not free to require me to live under your delusion as well,” he says. “But if somebody wants to live as a man or a woman, however it is, I firmly believe they have the right to do that. I would never get in the way of it.”
Duncan also believes that education about LGBTQ people should be limited in schools. He sees adolescence as a fundamentally confusing time, and believes an education about LGBTQ communities would “add on layers of confusion.” This belief seems to be in line with Gov. Ron DeSantis’ 2022 “Don’t Say Gay” bill, which has banned education on gender identity and sexual orientation in Florida’s classrooms from pre-kindergarten until the end of eighth grade, though there are exceptions for health lessons.
“It’s okay to tell kids that some boys like boys, some girls like girls, some people like both. But it just needs to be kept vague and general,” Duncan says. “However you are is okay. We don’t need to expose children to gay media because if you’re gay, you’re going to know.”
Duncan does not believe heteronormative bias in mainstream media is a problem, though a study published in Equity & Excellence in Education found heteronormative biases in schools may harm queer students. “The vast majority of people are heterosexual, and a functioning society is built on a heteronormative bias,” he says. “It is important to understand that we are the extreme minority and society is not responsible for conforming to us.”
They approve of Trump and don’t see him as a threat
While LGBTQ Americans see the Republican party as unfriendly towards queer people, Duncan and Doane aren’t worried about being stripped of their rights. Duncan says the 2015 passage of gay marriage solidified his equal rights. “We have marriage as gay men. I have every right that a straight man does,” he says.
Doane also feels that his rights are secure under Trump 2.0 and approves of the president so far. “I voted for that great, big, beautiful wall because we were being overrun by illegals,” he says. Doane also approves of U.S. interventions in Iran and Venezuela, though he criticizes Trump for “leaving [Venezuela] way too soon.”
Similarly, Duncan is generally approving of Trump’s handling of immigration. “I don’t love what we’re doing as far as deportations, but we had to get some control over the illegal population,” says Duncan. “I wish there was another way, but I can’t think of it.”
Duncan and Doane are certainly in the minority as queer men who approve of Trump, but as far as they’re concerned, Trump is delivering on his promises. “Overall, I’m happy,” says Duncan. “I’m getting pretty much exactly what I voted for.”
Editor’s note: An earlier version of this article stated that Trump told the Advocate in 2000 that legalizing gay marriage was “only fair.” That was incorrect. He told the publication that he thinks amending the Civil Rights Act to grant the same protection to gay people that we give to other Americans is “only fair.”
National
LGBTQ Catholic groups slam Trump over pope criticism
‘Moral truth and compassion always overcome ignorant hate’
LGBTQ Catholic groups have sharply criticized President Donald Trump over his criticisms of Pope Leo XIV.
Leo on April 13 told reporters while traveling to Algeria that he had “no fear of the Trump administration” after the president described him as “weak on crime” and “terrible for foreign policy” in response to his opposition to the Iran war. (Trump on the same day posted to Truth Social an image that appeared to show him as Jesus Christ. He removed it on April 13 amid backlash from religious leaders.)
Vice President JD Vance, who is Catholic, during a Fox News Channel interview on the same day said “in some cases, it would be best for the Vatican to stick to matters of morality, to stick to matters of what’s going on with the Catholic church, and let the president of the United States stick to dictating American public policy.” Vance on April 14 once again discussed Leo during an appearance at a Turning Point USA event in Athens, Ga., saying he should “be careful when he talks about matters of theology.”
Italian Prime Minister Giorgia Meloni; former U.S. Ambassador to the Vatican Miguel Díaz; and Oklahoma City Archbishop Paul Coakley, president of the U.S. Conference of Catholic Bishops, are among those who have criticized Trump over his comments. The president, for his part, has said he will not apologize to Leo.
“The world is being ravaged by a handful of tyrants,” said Leo on Thursday at a cathedral in Bamenda, Cameroon.
Francis DeBernardo is the executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization. He told the Washington Blade on Thursday that Trump’s comments about Leo “are one more example of the ridiculous hubris of this leader (Trump) whose entire record shows that he is nothing more than a middle-school bully.”
“LGBTQ+ adults were often bullied as children, and they have learned the lesson that bullies act when they feel frightened or threatened,” said DeBernardo. “But secular power does not threaten the Vicar of Christ, and Pope Leo’s response illustrates this truth perfectly.”
DeBernardo added Trump “is obviously frightened that Pope Leo, an American, has more power and influence than the president on the world stage.”
“Like most Trumpian bullying, this strategy will backfire,” DeBernardo told the Blade. “Moral truth and compassion always overcome ignorant hate. Trump’s actions are not an example of his power, but of his impotence.”
Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, echoed DeBernardo.
“He [Trump] has demonstrated throughout both presidencies that he doesn’t understand the basic concepts of any faith system that is founded on the dignity of human beings, the importance of common good,” Duddy-Burke told the Blade on Thursday during a telephone interview. “It’s just appalling.”
Duddy-Burke praised Leo and the American cardinals who have publicly criticized Trump.
“The pope’s popularity — given how much more respect Pope Leo has than the man sitting in the White House — is a blow to his ego,” Duddy-Burke told the Blade. “That seems to be a sore sport for him.”
“It’s such an imperialistic world view,” she added.
Leo ‘is the real peacemaker’
The College of Cardinals last May elected Leo to succeed Pope Francis after his death.
Leo, who was born in Chicago, is the first American pope. He was the bishop of the Diocese of Chiclayo in Peru from 2015-2023.
Francis made him a cardinal in 2023.
Juan Carlos Cruz — a gay Chilean man and clergy sex abuse survivor who Francis appointed to the Pontifical Commission for the Protection of Minors — has traveled to Ukraine several times with Dominican Sister Lucía Caram since Russia launched its war against the country in 2022. Cruz on Thursday responded to Trump’s criticism of Leo in a text message he sent to the Blade from Kyiv, the Ukrainian capital.
“I am in Ukraine under many attacks,” said Cruz. “Trump is an asshole and has zero right to criticize the Pope who is the real peacemaker.”
