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Holder won’t defend laws barring benefits for gay troops

Att’y Gen’l deems Title 38 provisions unconstitutional in letter to Congress

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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 lawĀ denies partner benefits to service members and veterans if theyā€™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.Ā 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 ā€” including whether the speaker will take up defense of Title 38 ā€” 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. PanettaĀ filed by Servicemembers Legal Defense Network in October on behalf of gay troops against Title 38 and DOMA.Ā 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 theĀ McLaughlinĀ 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.

ā€œThe Department of Justiceā€™s notification to Congress today is consistent with the presidentā€™s earlier determination that section 3 of DOMA is unconstitutional,” Inouye said. “I would point you to the department for further information on todayā€™s letter.ā€

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, Ā Cooper Harris v. United States. The lawsuit was filed by the Southern Poverty Law Center earlier this monthĀ on behalf ofĀ Tracey Cooper-Harris, an Iraq and Afghanistan veteran who’s seeking disability benefits for her spouse.

Christine Sun, SPLCā€™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.”

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National

Trans Lifeline CEO apologizes for botched online lottery to recruit hotline operators

Applicants compare debacle to ā€˜Hunger Games,ā€™ and Ticketmaster

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The CEO of Trans Lifeline ā€” kai alviar horton ā€” admitted on social media that their organization was not prepared for the number of applications it received.

Job hunters by the thousands expressed disappointment, frustration, and anger Wednesday over the process to submit online applications for three lucrative but challenging positions as remote telephone operators for the nationā€™s only transgender-led crisis hotline, Trans Lifeline. One applicant complained on Instagram that their experience was akin to ā€œThe Hunger Games.ā€Ā 

But it turns out, the odds were never in their favor. 

The CEO of the San Francisco-based nonprofit ā€” kai alviar horton, who joined Trans Lifeline in July 2024 and does not capitalize any letters in his name ā€” admitted on social media late Wednesday that their organization was not prepared for the sheer number of applications, which he said was anticipated to number 100, over 48 hours. 

ā€œWe know now that our impact has caused so many of you hurt and further distrust in us,ā€ horton wrote in the letter posted on Instagram, acknowledging that Trans Lifeline had endured ā€œmany storms of instability and harm.ā€Ā 

ā€œThe process we strived towards landed in ways that did not build accessibility,ā€ they wrote. ā€œThis process hurt you, and we are genuinely sorry. We are committed to learning to do better.ā€ 

The job posting still appears online at a portal called levels.fyi offering an annual salary of $63,000, ā€œgenerous paid time-off benefitsā€ and ā€œ100% employer-paid health care premiumsā€ as well as retirement benefits and more. Given that studies by the Williams Institute have shown the significant challenges trans people face in the workplace, from discrimination to harassment, especially in comparison to cisgender employees and candidates, Trans Lifelineā€™s offer was a beacon in the darkness to many.Ā 

ā€œYou know better than most how hard it is for trans people to get work, especially with decent pay,ā€ wrote @terfhunter420. ā€œI hope youā€™re reading the impact this application process has had on people here and consider making some big changes for your next batch of hiring. Something less like trying to score concert tickets on the radio.ā€

ā€œTo our surprise,ā€ horton wrote, ā€œwe received over 2,500 applications before the submission window even opened,ā€ which was at 1 p.m. EDT Wednesday. He said his team then ā€œdid our best to reach out to every single applicant to let them know to submit again within the window we outlined in the job posting.ā€ 

But when that window opened at 10 oā€™clock in San Francisco Wednesday, horton said his team was suddenly flooded with more than 1,200 submissions, ā€œin just the first five minutes.ā€

The instructions to apply noted that in addition to a resume, candidates had to also submit a five-minute long, detailed self-made video, in lieu of a cover letter. The site indicates this was intended to ā€œsimplify the process.ā€ But many frustrated candidates noted in their comments online that this particular requirement added a significant extra burden of time and energy, ā€œonly to have it all go to waste due to technical failures,ā€ wrote @astoldbyjae.Ā 

Adding insult to injury is that untold thousands of potential candidates are left to wonder if their submissions were even received or would ever be seen, given that the portal was set up to be limited to accepting no more than 100 submissions on the first day; When hit with more than ten times that many applications, many job hunters reported getting error messages, and shared the pain of that experience in the comments on hortonā€™s post. 

ā€œIā€™m heartsick myself right now,ā€ wrote @zorro_nova. ā€œI tried in that first minute only to get my own error message.ā€ Another wrote: ā€œI won’t lie I was definitely surprised to see how the hiring process was handled, it was almost like watching a Ticketmaster sale of a Taylor Swift concert more than a job listing.ā€ @mistersister2024 added: ā€œAs someone who made the 5-minute video, carefully edited it, and then didnā€™t even get to submit it, this process was very frustrating.ā€

ā€œWe were devastated,ā€ wrote @jennakjirsten. ā€œI think it was hard not even being able to submit the form, even if it had been one of a thousand. We also worry that by only accepting the quickest to apply, you may have missed out on some very qualified applicants.ā€

As of press time, horton has not responded to an inquiry by the Blade about what if anything they will do for candidates who received error messages, or exactly how many applications they have on hand. 

But in his online letter, horton did announce that so many submissions were received that to process them all, Trans Lifeline has postponed selection of candidates to be invited to interview for the three open positions until April 7, instead of March 24. 

He also revealed the org has just two employees dedicated to reviewing all the applications received on Wednesday.

ā€œShout out to the two trans people in hiring who have to read 3,000 applications individually or else they get canceled,ā€ wrote @jaki_riot. ā€œY’all some MVPs because the response to this situation feels a bit unreasonable.ā€

Several commenters praised horton for his apology and for their transparency. 

ā€œImo, Trans lifeline has done SO much to earn that benefit of the doubt,ā€ wrote @kingofyarn. ā€œAnd seeing the backlash made me sad, because it’s as if yā€™all haven’t worked incredibly hard to earn that trust. I love this heartfelt apology and of course, transparency with a strong moral code.ā€

As horton acknowledged in his letter, Trans Lifeline has survived crises before now. Founded in 2014, the nonprofitā€™s two founders left the organization two years later amid accusations of corruption. An internal investigation found ā€œthere had been significant spending of Trans Lifeline funds outside the scope of the current budgetā€ that ā€œran afoul of Trans Lifelineā€™s obligations to the 501(c)(3) tax laws.ā€ A report in December 2023 by PBS indicated a downturn in donations forced the nonprofit to reduce the number of hours the hotline was available and slash its budget.Ā 

At that time, PBS reported the organization employed as many as 45 people, with around 200 volunteers who help, according to Adam Callahan, director for the hotline program. Every hotline operator identifies as either trans or nonbinary. 

As of press time, the careers page on the Trans Lifeline site indicated ā€œStaff Hotline Operator applications are closed.ā€Ā 

ā€œWe are so grateful for the overwhelming interest in our Hotline Operator positionsā€”1,000 applications within the first two minutes! Thank you to each person who took the time to apply. Weā€™ve received a fantastic pool of candidates and have now closed the application process. We are working diligently to review the first 100 complete applications received and aim to notify everyone of their status by Friday, March 21st. If you have not heard from us, be assured we are still actively considering your application. Please keep an eye on your inbox for our email. We will respond to everyone who has applied. We appreciate your understanding and enthusiasm.ā€

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State Department

US withdraws from OAS LGBTI Core Group

Decision ‘in line with the president’s recent executive orders’

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The U.S. Embassy in El Salvador in 2023 hung and flew the Progress Pride flag. The U.S. has withdrawn from the Organization of American States' LGBTI Core Group. (Photo courtesy of the U.S. Embassy of El Salvador's Facebook page.)

A State Department spokesperson on Tuesday confirmed the U.S. has withdrawn from the Organization of American States’ LGBTI Core Group.

The U.S., along with Argentina, Brazil, Canada, Chile, Colombia, Mexico, and Uruguay, co-founded the Core Group in 2016 during that year’s OAS General Assembly that took place in the Dominican Republic.

“We look forward to deepening our collaboration at the OAS on issues impacting LGBTI persons so as to enhance dialogue, cooperation, and the sharing of best practices at regional and multilateral levels, recognizing also the various efforts and developments undertaken by and in member states,” reads a joint statement the countries issued on June 15, 2016. “Furthermore, we encourage and welcome the participation of other interested OAS member states in the membership and activities of the Core Group.”

“We also look forward to collaborating with civil society organizations and other social actors as we seek to further shared goals,” it adds. “Our commitment in these areas is firm and will remain so.”

President Donald Trump since he took office on Jan. 20 has signed a number of executive orders that have specifically targeted the LGBTQ and intersex community. These include the ā€œDefending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Governmentā€ directive that, among other things, bans the State Department from issuing passports with ā€œXā€ gender markers.

A directive that Secretary of State Marco Rubio issued bans embassies and other U.S. diplomatic institutions from flying the Pride flag. (Former President Joe Biden in March 2024Ā signedĀ a government spending bill with a provision that banned Pride flags from flying over U.S. embassies.)

“In line with the presidentā€™s recent executive orders, we have withdrawn from the OAS LGBTI Core Group,” the State Department spokesperson told the Washington Blade.

The U.S. last month withdrew from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights.

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State Department

Rubio: 83 percent of USAID contracts have been cancelled

State Department will administer remaining programs

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Secretary of State Marco Rubio during his confirmation hearing on Jan. 15, 2025. (Washington Blade photo by Michael Key)

Secretary of State Marco Rubio on Monday said 83 percent of U.S. Agency for International Development contracts have been cancelled.

“The 5,200 contracts that are now cancelled spent tens of billions of dollars in ways that did not serve, (and in some cases even harmed), the core national interests of the United States,” said Rubio on X.

Rubio added “the remaining 18 percent of programs we are keeping (approximately 1,000)” will “now be administered more effectively under the State Department.”

Rubio on Jan. 24Ā directedĀ State Department personnel to stop nearly all U.S. foreign aid spending for 90 days in response toĀ an executive orderĀ that President Donald Trump signed after his inauguration. The Washington Blade has previously reported programs in Kenya and other countries the President’s Emergency Plan for AIDS Relief funds have been forced to suspend services and even shut down because of a lack of U.S. funding, even though Rubio issued a waiver that allowed PEPFAR and other ā€œlife-saving humanitarian assistanceā€ programs to continue to operate during the freeze.

The Trump-Vance administration also moved to dismantle USAID.

A statement the White House issued on Feb. 3 said the organization ā€œhas been unaccountable to taxpayers as it funnels massive sums of money to the ridiculous ā€” and, in many cases, malicious ā€” pet projects of entrenched bureaucrats, with next-to-no oversight.ā€ The statement also contains examples of what it described as “waste and abuse” that included $2 million for “sex changes and ‘LGBT activism'” in Guatemala, $1.5 million to “advance diversity, equity and inclusion in Serbia’s workplaces and business communities,” and $47,000 for a “transgender opera” in Colombia.”

LGBTQ+ Victory Institute Executive Director Elliot Imse told the Blade last month his organization has lost around $600,000, which is two-thirds of its entire global program budget. Imse said the global LGBTQ rights movement is set to lose more than $50 million because of the suspension of U.S. aid.

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