National
Appeals court to hear DOMA case next week
House Dems urge Boehner to drop defense of anti-gay law
Litigation challenging the Defense of Marriage Act ā as well as House Republicans’ continued defense of the anti-gay law ā is receiving renewed attention as a court hearing is set to take place next week in Boston on the constitutionality of the statute.
On Wednesday starting at 10 a.m., a three-judge panel on the First Circuit Court of Appeals will hear arguments on DOMA, which prohibits federal recognition of same-sex marriage,Ā marking the first time an appellate court has considered the constitutionality of the statute.
Normally, oral arguments before the court last 30 minutes, but that time has been extended for an entire hour because judges are hearing two cases: Gill v. Office of Personnel Management, filed by Gay & Lesbian Advocates & Defenders, and Commonwealth of Massachusetts v. Department of Health & Human Services, filed by Massachusetts Attorney General Martha Coakley.
The three-judge panel will be made up of Chief JudgeĀ Sandra Lynch as well as Judges Juan Torruella and Michael Boudin. Lynch was appointed by a Democrat, former President Bill Clinton, whileĀ Torruella was appointed by former President Ronald Reagan and Boudin was appointed by former President George H.W. Bush.
Representing GLAD at the hearings will be plaintiffs in the GLAD case as well as Mary Bonauto, GLAD’s civil rights project director, who in 2003 successfully argued for the legalization of same-sex marriage in Massachusetts.Ā Massachusetts Assistant Attorney GeneralĀ MauraĀ Healey is set to argue on behalf of her state’s lawsuit against DOMA.
The Justice Department, which, after dropping its defense of DOMA, joined in efforts to declare the law unconstitutional, will also have a presence in the courtroom.Ā Stuart Delery, who’s gay and the acting assistant attorney generalĀ forĀ the civil division, is set to represent the Obama administration. HeĀ was promoted Feb. 27 to the position.
Defending the anti-gay law in court will be Paul Clement, a solicitor general under former President George W. Bush whom House Speaker John Boehner hired to defend the statute. Clement will be coming to Boston to defend DOMA fresh from oral arguments before the Supreme Court in D.C. against the health care reform law.
The arguments that attorneys will make before judges will likely reflect the basis of the lawsuits they filed. GLAD contends that DOMA violates its plaintiffs’ rights under the Equal Protection Clause, while the State of Massachusetts has said DOMA interferes with a state’s Tenth Amendment right to regulate marriage. The Justice Department will likely join in these arguments.
On the other side, Clement will likely argue that DOMA is justified because it ensures uniformity with marriage laws and that marriage should be reserved for opposite-sex couples to ensure procreation.
In both DOMA cases that are coming before the First Circuit, DOMA was found unconstitutional at the district court level. U.S. DistrictĀ Judge Joseph Tauro, a Nixon appointee, ruled in July 2010 that the anti-gay law was unconstitutional in both cases.
The cases come before the First Circuit just a month after a California federal court ruled against DOMA in the case of Golinski v. United States.Ā In February,Ā the U.S. District Judge Jeffrey White ruled against DOMAĀ on the basis that the anti-gay law āunconstitutionally discriminates against married same-sex couples.ā
Jason Wu, a staff attorney for GLAD, said the California district court decision may play out in the oral arguments before the appellate court.
“It always helps when another court affirms what we believe is right, which is that DOMA represents a straight-forward equal protection violation and there is really no good reason to treat gay married couples differently from straight married couples,” Wu said. “The court in Golinksi agreed with us; the district court in Massachusetts, Judge Tauro’s opinion agreed with us. And that’s what will be presented to the First Circuit.”
Wu said GLAD hopes for a decision from the First Circuit in “a timely fashion” after the oral arguments, but said he couldn’t offer a more precise prediction for when a ruling would be handed down. The case dragged out after the Obama administration dropped the defense of DOMA and the House took up defense of the statute, and Wu said the prolonged duration of the lawsuit has harmed plaintiffs.
“It’s been almost two years actually since the district court’s ruling came down in our favor, and in that two-year period, our plaintiffs continue to be harmed,” Wu said. “One of our plaintiffs is owed $50,000, I believe, in tax harm. One of our plaintiffs, Herb Burtis, is 82 years old and continues to be denied the survivor Social Security benefits from his deceased spouse.”
Despite his hopes the case will be resolved, Wu added he expects the Supreme Court will take up the case after a decision is handed down.
“We need resolution as to the constitutionality of DOMA for all married couples in the country because it’s not just couples in Massachusetts who are being harmed by DOMA everyday,” Wu said.
House Republicans elected to take up defense of DOMA in court after the Obama administration early last year announced it would no longer defend the anti-gay statute. In the past week, the Republican defense of DOMA has come under fire from Democrats.
During a hearing before the HouseĀ Appropriations Legislative Branch subcommittee on Tuesday, HouseĀ Chief Administrative Officer Dan Strodel asserted Republican leadership had collected nearly $742,000 to fund defense of DOMA in court. Boehner had last year raised the cost cap of defending DOMA to $1.5 million.
Strodel testified that the money had come from the House Salaries, Officers and Employees account. Boehner had threatened to redirect funds from the Justice Department to pay for defense of the law, but Strodel said those funds hadn’t contributed to defense of the statute.
According to the Huffington Post, the issue of defending DOMA prompted a fiery debate between Democrats and Republicans.
Rep. Mike Honda (D-Calif.) reportedly asked House General Counsel Kerry Kirchner why the House is defending an āunconstitutional law that separates all of us” and said the money could go to better uses, such asĀ “resources to the family of Trayvon Martin in Florida.”
Rep. Steven LaTourette (R-Ohio) toed the Republican line on DOMA saying, “When is the Department of Justice going to do their job? You can’t pick which laws you want to defend and which laws you don’t feel like enforcing.”
On Monday, six House Democrats ā Reps.Ā JerroldĀ NadlerĀ (D-N.Y.),Ā Barney FrankĀ (D-Mass.),Ā Tammy BaldwinĀ (D-Wis.),Ā Jared PolisĀ (D-Colo.),Ā David CicillineĀ (D-R.I.) andĀ John ConyersĀ (D-Mich.) ā sent a letter to Boehner renewing their earlier request for a briefing on his defense of DOMA as they urged him to stop defending the law in the wake of a California federal court’s decision against the statute.
“There simply is no legitimate federal interest served by denying married same-sex couples the federal responsibilities and rights that other married couples receive, and the harm caused to these families is unjustifiable,” the letter states. “Two federal courts have agreed, and it is no longer credible to claim that the law is not constitutionally suspect.”
Boehner’s office didn’t respond to the Washington Blade’s request for comment on the letter, but Michael Steel, a Boehner spokesperson, dismissed the letter when talking to the Huffington Post.
āWashington Democrats had two years of unified control over the House, the Senate and the White House to overturn the Defense of Marriage Act,ā Steel was quoted as saying. āThey chose not to try. We will continue to respect the law, which passed both Houses of Congress with bipartisan support and was signed into law by President Bill Clinton.ā
Activity also continues in other DOMA cases. On Monday, the Justice Department submitted briefs in the Golinski case asking theĀ U.S. Ninth Circuit Court of Appeals toĀ expedite consideration of the case. Boehner’s lawyers last month appealed the decision to the the appellate court.
Boehner’s intervention in McLaughlin v. Panetta, the lawsuit filed on behalf of gay troops against DOMA by the Servicemembers Legal Defense Network, is also expected soon.Ā The House has until April 28 to decide if it will defend the anti-gay law against the lawsuit.
National
Anti-LGBTQ Franklin Graham to give invocation at Trumpās inauguration
Evangelical leader also delivered address in 2017
Anti-LGBTQ evangelist Franklin Graham will deliver the invocation for President-elect Donald Trumpās inauguration on Monday, Jan. 20, according to a copy of the program that was circulated on X.
Graham, who serves as president and CEO of Samaritanās Purse, the evangelical Christian humanitarian aid organization, and of the Billy Graham Evangelistic Association, which was named for his late father, offered the opening prayer for Trumpās first inauguration in 2017.
As documented by GLAAD, the Asheville, N.C.,-based evangelist has attacked the LGBTQ community throughout his life and career.
He supported the draconian laws in Russia targeting āpropaganda of nontraditional sexual relationsā that have been used to suppress media that presents āLGBTQ identities and relationships in a positive or normalizing light.ā
Praising Russian President Vladimir Putin for taking āa stand to protect his nationās children from the damaging effects of the gay and lesbian agenda,ā Graham also bemoaned that āAmericaās own morality has fallen so far that on this issue.ā
Grahamās anti-LGBTQ advocacy on matters of domestic policy in the U.S. has included opposing Pride events, which he compared to celebrations of ālying, adultery, or murder,ā and curricula on LGBTQ history in public schools, telling a radio host in 2019 that educators have no right to āteach our children something that is an affront to God.ā
When his home state rolled back rules prohibiting gender diverse people from using public restrooms consistent with their identities, he tweeted that āpeople of NC will be exposed to pedophiles and sexually perverted men in womenās public restrooms.ā
Graham has repeatedly smeared LGBTQ people as predatory and said the community seeks to ārecruitā children into being gay, lesbian, or transgender.
He has also consistently opposed same-sex marriage, claiming that former President Barack Obama, by embracing marriage equality, had āshaken his fist at the same God who created and defined marriage,ā adding, āit grieves me that our president would now affirm same-sex marriage, though I believe it grieves God even more.ā
Graham also supports the harmful and discredited practice of conversion therapy, which he likened to āconversion to Christianity.ā
When Transportation Secretary Pete Buttigieg announced his bid for the Democratic nomination for president in 2020, Graham tweeted that āMayor Buttigieg says he’s a gay Christian. As a Christian I believe the Bible which defines homosexuality as sin, something to be repentant of, not something to be flaunted, praised or politicized. The Bible says marriage is between a man and a woman ā not two men, not two women.”Ā
Graham embraced Trump well before he was taken seriously in Republican politics, telling ABC in 2011 that the New York real estate tycoon was his preferred candidate.
Particularly during the incoming presidentās first campaign as the GOP nominee and during his first term, the evangelical leaderās support was seen as strategically important to bringing conservative Christians into the fold despite their misgivings about Trump, who was better known as a philandering womanizer than a devout religious leader.
National
Homophobe Anita Bryant dies at 84
Anita Bryant, the singer and orange juice pitch woman who gained notoriety for a homophobic campaign against gay rights in the 1970s, died on Dec. 16 after a battle with cancer, according to a statement released by her family. She was 84.
Bryant was a former Miss Oklahoma, a Grammy-nominated singer, author, and recipient of the USO Silver Medallion for Service, according to her familyās statement. Bryant, a fundamentalist Christian, performed at the White House and the Super Bowl, among other highlights of her singing career.
Bryant incurred the ire of the LGBTQ community after she fought successfully to overturn a Dade County, Fla., ordinance that would have protected gay people from discrimination. Her āSave Our Childrenā campaign led gay bars to boycott Florida orange juice. In 1977, while promoting her campaign in Iowa, Tom Higgins, a gay rights activist, threw a pie in her face, an iconic moment caught by photographers.Ā
Bryantās homophobic legacy lives on with Florida politicians like Gov. Ron DeSantis rolling back LGBTQ protections and enshrining discrimination in state law.
National
New Meta guidelines include carveout to allow anti-LGBTQ speech on Facebook, Instagram
Zuckerberg cozying up to Trump ahead of second term
New content moderation policies governing hate speech on Facebook, Instagram, and Threads that were enacted by parent company Meta on Wednesday contain a carveout that allows users to call LGBTQ people mentally ill.
According to the guidelines, which otherwise prohibit use of such insults on the online platforms, “We do allow allegations of mental illness or abnormality when based on gender or sexual orientation, given political and religious discourse about transgenderism and homosexuality and common non-serious usage of words like āweird.āā
Meta also removed rules that forbid insults about a personās appearance based on race, ethnicity, national origin, disability, religious affiliation, caste, sexual orientation, sex, gender identity, and serious disease while withdrawing policies that prohibited expressions of hate against a person or a group on the basis of their protected class and references to transgender or nonbinary people as āit.ā
In a video on Tuesday, Mark Zuckerberg, the company’s co-founder, chairman, and CEO, said the platforms’ “restrictions on topics like immigration and gender” were now “out of touch with mainstream discourse.ā
āWhat started as a movement to be more inclusive has increasingly been used to shut down opinions and shut out people with different ideas, and itās gone too far,ā he added.
In a statement to the Washington Blade, Human Rights Campaign President Kelley Robinson said “Everyone should be able to engage and learn online without fear of being targeted or harassed. While we understand the difficulties in enforcing content moderation, we have grave concerns that the changes announced by Meta will put the LGBTQ+ community in danger both online and off.”
“What’s left of Meta’s hateful conduct policy expressly allows users to bully LGBTQ+ people based on their gender identity or sexual orientation and even permits calls for the exclusion of LGBTQ+ people from public spaces,” she said. “We can expect increased anti-LGBTQ+ harassment, further suppression of LGBTQ+ content, and drastic chilling effects on LGBTQ+ users’ expression.”
Robinson added, “While we recognize the immense harms and dangers of these new policies, we ALL have a role to play in lifting up our stories, pushing back on misinformation and hate, and supporting each other in online spaces. We need everyone engaged now more than ever. HRC isn’t going anywhere, and we will always be here for you.”
As attacks against LGBTQ and especially transgender Americans have ramped up over the past few years in legislative chambers and courtrooms throughout the country, bias-motivated crimes including acts of violence are also on the rise along with homophobic and transphobic hate speech, misinformation, and conspiracy theories that are spread farther and faster thanks to the massive reach of social media platforms and the policies and practices by which the companies moderate user content and design their algorithms.
However ascendant certain homophobic and transphobic ideas might be on social media and in the broader realm of “political and religious discourse,” homosexuality and gender variance are not considered mental illnesses in the mainstream study or clinical practice of psychiatry.
The American Psychiatric Association removed homosexuality from its internationally recognized Diagnostic and Statistical Manual of Mental Disorders more than 50 years ago and more than 30 years ago erased “transsexualism” to use “gender identity disorder” instead before switching to “gender dysphoria” in 2013. These changes were meant to clarify the distinction between the patient’s identity as trans and the ego-dystonic distress experienced in many cases when one’s birth sex differs from one’s gender identity.
Research has consistently shown the efficacy of treating gender dysphoria with gender-affirming health interventions ā the psychiatric, medical, and surgical care that can bring patients’ brains and bodies into closer alignment with their self-concept while reducing the incidence of severe depression, anxiety, self-harm behavior, and suicide.
Just like slandering LGBTQ people as sick or sexually deviant, the pathologization of homosexuality and gender variance as disordered (or linked to different mental illnesses that are actually listed in the DSM) is not new, but rather a revival of a coarser homophobia and transphobia that until the recent past was largely relegated to a time well before queer people had secured any meaningful progress toward legal, social, and political equality.
Wednesday’s announcement by Meta marked just the latest move that seems meant to ingratiate the tech giant with President-elect Donald Trump and curry favor with his incoming administration, which in turn could smooth tensions with conservative lawmakers who have often been at odds with either Facebook, Instagram, and Zuckerberg ā who had enjoyed a close relationship with the Obama White House and over the years has occasionally championed progressive policies like opposing mass deportations.
Public signs of reconciliation with Trump began this summer, when Meta removed restrictions on his Facebook and Instagram accounts that were enacted following the Jan. 6 insurrection at the U.S. Capitol.
In the months since, the company has continued cozying up to Trump and Republican leaders in Washington, including with Tuesday’s announcement that Meta platforms will no longer use professional fact checking, among other policy changes that mirror those enacted by Elon Musk after he took over Twitter in 2022, changed its name to X, and created conditions that have allowed hate and misinformation to proliferate far more than ever before.
In recent months, Musk, the world’s richest man, has emerged as one of the president-elect’s fiercest allies, spending a reported $277 million to support his presidential campaign and using his platform and influence to champion many of the incoming administration’s policy priorities, including efforts to target the trans community.
Last month, Zuckerberg and Apple CEO Tim Cook each donated $1 million to Trump’s inaugural committee, with Amazon founder Jeff Bezos and OpenAI’s Sam Altman each reportedly pledging matching contributions.
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