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 — as well as House Republicans’ continued defense of the anti-gay law — 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, 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 Judge Sandra Lynch as well as Judges Juan Torruella and Michael Boudin. Lynch was appointed by a Democrat, former President Bill Clinton, while 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. Massachusetts Assistant Attorney General Maura 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. Stuart Delery, who’s gay and the acting assistant attorney general for the civil division, is set to represent the Obama administration. He 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. District 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. In February, the U.S. District Judge Jeffrey White ruled against DOMA on the basis that the anti-gay law “unconstitutionally discriminates against married same-sex couples.”
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 House Appropriations Legislative Branch subcommittee on Tuesday, House 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 “unconstitutional law that separates all of us” and said the money could go to better uses, such as “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 — Reps. Jerrold Nadler (D-N.Y.), Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.), David Cicilline (D-R.I.) and John Conyers (D-Mich.) — 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.
“Washington Democrats had two years of unified control over the House, the Senate and the White House to overturn the Defense of Marriage Act,” Steel was quoted as saying. “They 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.”
Activity also continues in other DOMA cases. On Monday, the Justice Department submitted briefs in the Golinski case asking the U.S. Ninth Circuit Court of Appeals to 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. The House has until April 28 to decide if it will defend the anti-gay law against the lawsuit.
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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