National
Calif. federal court rules against DOMA
Anti-gay law declared unconstitutional in Golinski case
A federal district court in California has declared the Defense of Marriage Act unconstitutional in a case involving a lesbian federal employee seeking benefits for her spouse.
In a decision made public on Wednesday, U.S. District Judge Jeffrey White of the U.S. District Court for the Northern District of California ruled against DOMA in the case of Golinski v. United States on the basis that the anti-gay law “unconstitutionally discriminates against married same-sex couples.”
“In this matter, the Court finds that DOMA, as applied to Ms. Golinski, violates her right to equal protection of the law under the Fifth Amendment to the United States Constitution by, without substantial justification or rational basis, refusing to recognize her lawful marriage to prevent provision of health insurance coverage to her spouse,” White writes.
As part of the decision, White issued a “permanent injunction” preventing the U.S. government from interfering with the enrollment of Golinski’s wife in the Federal Employees Health Benefits Program.
Tara Borelli, staff attorney in Lambda Legal’s Western Regional Office in Los Angeles, praised the court for its decision.
“The court agreed with us that sexual orientation discrimination by the government should receive heightened scrutiny under the constitution,” Borelli said. “It then concluded that DOMA could not meet that standard, and that there was not even a rational justification to deny Karen Golinski the same spousal health care benefits that her heterosexual co-workers receive.”
Lambda, along with Morrison & Foerster LLP, filed the case in 2008 on behalf of Karen Golinski, who was denied spousal health benefits by her employer, the U.S. Ninth Circuit Court of Appeals in San Francisco. Golinski has been partners with Amy Cunninghis for more than 20 years, and the two were legally married in 2008 under California law before Proposition 8 took away marriage rights for gay couples in the state.
Chief Judge Alex Kozinski ruled that it violates the Ninth Circuit’s non-discrimination policies to deny Golinski the same benefits for her spouse that the spouses of straight court employees have. But the Office of Personnel Management maintained it couldn’t grant Golinski spousal benefits because of DOMA.
The case evolved into a lawsuit over DOMA. After the Obama administration declared DOMA unconstitutional in February 2011, the Justice Department filed a brief in the Golinksi case against the anti-gay law. In April, Lambda filed an amended complaint in the case directly challenging the constitutionality of DOMA.
But the House Bipartisan Legal Advisory Group also filed briefs in the case in defense of DOMA. The group took up defense of the law in the administration’s stead at the direction of House Speaker John Boehner (R-Ohio) after voting on a party-line basis to defend the statute.
In a statement, House Minority Leader Nancy Pelosi (D-Calif.), who also represents San Francisco and Golinski in Congress, called the ruling “a victory for the liberty, civil rights, and equality of LGBT Americans and, indeed, all Americans.”
“By declaring the Defense of Marriage Act unconstitutional, we can right a wrong of our past; we can move closer to ending a fundamental unfairness in our nation; and we can look forward to the day when we discard this discriminatory law in the dustbin of history,” Pelosi said. “With this decision, our country has taken a step forward for marriage equality – a step toward a time when all of America’s families enjoy the blessings of equal protection under the law.”
Pelosi also took a dig at the BLAG for taking up defense of DOMA in the administration’s stead, saying the majority of Democrats don’t want to defend DOMA in court.
“In rejecting the arguments of the Bipartisan Legal Advisory Group, the court’s ruling also reaffirmed a core belief of the majority of House Democrats: that the House is not united in this case; that the BLAG lawyers do not speak for Congress; and that BLAG’s intervention remains a waste of taxpayer resources,” Pelosi said. “The court made it clear that there is no legitimate federal interest in denying married gay and lesbian couples the legal security, rights, and responsibilities guaranteed to all married couples under state law.”
A Boehner didn’t immediately respond to a request to comment on the ruling or whether BLAG would appeal the decision to the Ninth Circuit within the 60 day deadline.
Tom Warnke, a Lambda spokesperson, said his organization expects BLAG to appeal the case. As for timing for when Golinski would be able to receive benefits, he said his organization hopes “to know more about the question regarding access to benefits soon.”
The ruling is the first court decision made on DOMA since the Obama administration announced it would no longer defend the law in court. A White House spokesperson didn’t respond to a request to comment on the ruling. A Justice Department spokesperson declined to comment.
But White, who was appointed to the bench in 2002 by former President George W. Bush, isn’t the first judge to rule against DOMA. In July 2010, Judge Joseph Tauro of the U.S. District Court of Massachusetts ruled in the cases of Gill v. U.S. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health & Human Services that DOMA is unconstitutional. Those cases are currently on appeal before the U.S. First Circuit Court of Appeals.
In a statement, Golinksi thanked the court for ruling in her favor and against the Defense of Marriage Act.
“I am profoundly grateful for the thought and consideration that Judge White gave to my case,” Golinski said. “His decision acknowledges that DOMA violates the Constitution and that my marriage to Amy is equal to those marriages of my heterosexual colleagues. This decision is a huge step toward equality.”
Doug NeJaime, who’s gay and a law professor at Loyola Law School, said the decision is “very comprehensive” because it examines of the governmental interests of DOMA under both a heightened scrutiny and a lower rational basis standard of review.
“This is a smart course for the district court to take in looking down the road to potential Ninth Circuit review, especially in light of the rational-basis holding that the Ninth Circuit panel issued in [the Prop 8 case],” NeJaime said. “The heightened scrutiny portion of the decision, though, clearly evidences the impact of the Obama administration’s position on DOMA, in which Attorney General Holder set out the arguments for heightened scrutiny for sexual-orientation-based classifications.”
Florida
Gay Fla. Democrat Elijah Manley sees opportunity in Trump’s second term
State’s 20th Congressional District’s includes Broward, Palm Beach Counties
Just over two and a half miles from President Donald Trump’s primary residence lies one of Florida’s most reliably Democratic congressional districts. There, a 27-year-old progressive is mounting a campaign centered on resisting what he calls the Trump-Vance administration’s attacks on civil rights, immigrants, and LGBTQ Americans.
Elijah Manley, an openly gay Democrat, sat down with the Washington Blade to discuss why he is running for Florida’s 20th Congressional District, why he believes this moment calls for a new generation of leadership, and what he hopes to accomplish if elected to Congress.
Born and raised in Fort Lauderdale’s historic Sistrunk neighborhood — the city’s oldest African American community — Manley was raised by a single mother who struggled to make ends meet. His family experienced housing insecurity and, at one point, homelessness, experiences he says continue to shape both his politics and his policy priorities.
For Manley, those experiences are precisely what he believes Congress is missing.
“I think now the country is in need of somebody like me, with my story, my lived experience, the struggles I’ve been through in my life. We’re going through a really dark time in the country with the Trump administration coming for our civil rights and an economy that is not working for everybody. In a time where we have MAGA fascism, we need progressive leadership, and we need people who are really going to do the work of fighting back and resisting and obstructing Donald Trump and MAGA Republicans’ agenda in Congress.”
Manley said his campaign is also about ensuring people from marginalized communities — those without wealth, political connections, or institutional backing — have a voice in Congress.
“I think my story sets me aside from everyone else. I’m the only one in this race who has a story to tell voters that lines up with their lived experiences and their struggles. Growing up in poverty and experiencing homelessness was instrumental in developing my worldview and how I fight for people, and I think that’s something that’s absent on Capitol Hill.”
He argues that lived experience offers a perspective often missing on Capitol Hill.
“There are too many lawyers and people coming from professional and political backgrounds. Then you have somebody like me who is rooted in the story of this district. That’s what sets me apart from everyone else in this race.”
According to his campaign website, Manley’s interest in public service dates back to childhood. He cites the election of President Barack Obama as a defining moment that inspired him to pursue politics.
“He was inspired by Barack Obama’s historic election, igniting his passion for public service. He began writing to elected officials, speaking at school board and city council meetings, and advocating for issues affecting his community,” the website states. It goes on to describe his involvement in criminal justice and law magnet programs, Navy JROTC, and hundreds of hours of volunteer service while in high school.
As an openly gay candidate running during Trump’s second administration, Manley said Congress must take a far more aggressive approach to protecting LGBTQ Americans, particularly as Republican-led states continue passing restrictions targeting transgender people.
“I think we need to bring the hammer down on some of these states. I’m not one of these states’ rights people — Congress has the power to preempt laws that states pass through the Supremacy Clause. There’s never been a more important time in our history when we’re seeing fascism, we’re seeing an administration out of control, and we need Congress to act.”
His campaign has also drawn criticism from both Republicans and establishment Democrats for his positions on Gaza, immigration, and his call to abolish U.S. Immigration and Customs Enforcement.
Manley said abolishing ICE does not mean eliminating immigration enforcement altogether.
“I’m not saying there should be no immigration laws. We want laws around immigration, but we want dignity. We don’t need a hypermilitarized, paramilitary group chasing people through the streets, terrorizing communities, churches, schools, and families.”
His personal experiences also inform his healthcare agenda.
“When we talk about healthcare, my experience growing up on Medicaid is seeing the failure of the government to expand Medicaid here in Florida, and now we’re seeing cuts from the Trump administration. I’m not just looking at statistics or numbers on paper — this is based on lived experience. I know how the people in this district are going to be hurt by these policies because I’ve lived it.”
California Democratic Congressman Ro Khanna, who has generated early buzz as a potential 2028 presidential contender for his “progressive capitalist” approach to governing, has endorsed Manley’s campaign, giving the first-time congressional candidate one of his highest-profile endorsements.
Manley faces six other Democrats in the primary, including U.S. Rep. Debbie Wasserman Schultz and former U.S. Rep. Sheila Cherfilus-McCormick, along with four Republican candidates in the general election field. Cherfilus-McCormick resigned from Congress ahead of a potential expulsion and is running again while facing federal criminal charges.
Despite running as the youngest candidate in the field, Manley said he hopes voters leave the race remembering one thing above all else.
“I want people to remember bold and authentic leadership. I want them to know I’m running because I’ve been through what people are going through right now — and it’s not that I’ve been through it, I’m actually still going through it. We need bold people who are going to fight for everybody and stand up for what’s right, and that’s what I hope voters see when they go to the polls.”
Florida
Former Fla. gubernatorial candidate Andrew Gillum arrested on drug charges
Democrat narrowly lost to DeSantis in 2018, later came out as bisexual
Andrew Gillum, the former Democratic nominee for governor of Florida and former mayor of Tallahassee, was arrested on drug possession charges in Alabama last week.
Police in Daphne, Ala., said they pulled Gillum over for erratic driving and found marijuana and methamphetamine in his vehicle. He was charged with possession of marijuana and unlawful possession of a controlled substance, according to the Daphne Police Department. Jail records show he was arrested on July 2 and released on July 3, the Associated Press reports.
Gillum, the first Black nominee of a major political party for governor in Florida, lost the 2018 election to current Republican Gov. Ron DeSantis in a highly contentious race.
Once considered a rising star in national politics, Gillum served in Tallahassee’s local government, first as a city commissioner and then as mayor of Florida’s capital from 2014- 2018.
The Daphne Police Department said officers stopped Gillum’s vehicle around 10:45 p.m. and initiated a probable cause search after one officer noticed a glass pipe on the center console.
During the search, officers found several rolled marijuana cigarettes and three packages containing a substance that tested positive for methamphetamine, police said.
The day after his arrest he was charged with possession of dangerous drugs, use or possession of drug paraphernalia, and possession of marijuana.
In 2020, Gillum was involved in a similar incident when he was found in a Miami Beach, Fla., hotel room with a man identified as an escort who had apparently overdosed on drugs. Police also found three bags of suspected crystal methamphetamine in the room. The man survived, and no one was ever charged with a crime.
Later that year, Gillum came out as bisexual during an appearance on “The Tamron Hall Show,” where he discussed his struggles with drug and alcohol addiction and his decision to seek treatment following the 2020 incident.
In the same interview he shed light onto this, saying his substance use was a byproduct of the emotional struggles he experienced after losing the 2018 gubernatorial race to DeSantis.
This is not the first time Gillum has faced legal scrutiny.
During his 2014 mayoral campaign, he faced allegations of misconduct after hiring private equity investor Adam Corey as his campaign treasurer, raising questions about a potential conflict of interest. However, the FBI ultimately concluded there was no conflict of interest.
Pennsylvania
Philadelphia murder suspect remains at large
Two killed, one injured in attacks motivated by victims’ sexual orientation
Police seek the public’s support in finding a suspect wanted in connection with three Philadelphia shootings, including two murders, who may have targeted his victims because they were gay. All three shootings took place near Hunting Park Recreation Center between May 29 and June 26.
The suspect is 21-year-old Jahylin Melchur, who has not been located by police and is not in police custody as of July 7. Police seek the public’s support in tracking down the suspect, whose image was captured on surveillance cameras. Previous reporting underlined that Melchur should be considered armed and dangerous.
Each of the victims was found partially clothed between 10 and 11 p.m.
On May 29, a 55-year-old in Juniata Park was found two miles from the rec center. The victim, who survived the encounter with critical injuries, said a man approached him and announced his intention to rob him, before shooting him in the elbow and torso.
Martin Higgins, 45, was pronounced dead on the bleachers of the rec center’s baseball field on June 20, suffering from a gunshot wound to the abdomen. Sharef Holman, 29, was found near the basketball courts on June 26, suffering from multiple gunshot wounds. He was transported to Temple University Hospital but died shortly thereafter.
Deputy Police Commissioner Frank Vanore declined to answer the Philadelphia Inquirer’s question regarding whether the victims may have met Melchur on a dating app, citing the ongoing investigation. Sources told the Philadelphia Inquirer that investigators are exploring this possibility
Although robbery may be at least part of the motive in the first shooting, other movies are unclear.
NBC10 reported that law enforcement sources told the station all three victims were targeted because they were gay, but the Philadelphia Police Department did not confirm this.
The Philadelphia Police Department replied to PGN’s questions with an email stating, “This remains a very active investigation, and investigators are looking at all aspects of the case, including underlying motivations for committing these crimes.
“At this point, we can confirm that Melchur is wanted for two homicides by shooting and one non-fatal shooting, all of which occurred in the Hunting Park area.
“The investigation has not established that the victims were specifically targeted because of their sexual orientation.”
The Philadelphia Police Department is urging anyone with information to contact the Homicide Unit at 215-686-3334 or submit an anonymous tip by calling the PPD Tip Line at 215-686-TIPS (8477).
(This story is republished with permission of the Philadelphia Gay News.)
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