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Pelosi, Hoyer rebuke Boehner for defending DOMA in veteran case

BLAG set to intervene on behalf of anti-gay portions of Title 38 for first time

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House Minority Leader Nancy Pelosi (Blade file photo by Michael Key)

House Democratic leaders are continuing to criticize Speaker John Boehner for defending the Defense of Marriage Act in court and accuse him of going beyond his existing authority ahead of his planned intervention in a lesbian veteran’s litigation against the statute.

In a letter dated March 30, House Minority Leader Nancy Pelosi (D-Calif.) and House Minority Whip Steny Hoyer (D-Md.) write to the speaker to express concern about Boehner intervening on behalf of DOMA in the case of Cooper-Harris v. United States.

ā€œThis latest decision not only ignores the civil rights of LGBT Americans but opens a new, direct assault on veterans,ā€ Pelosi and Hoyer write. ā€œThe men and women of our Armed Forces serve with courage and dignity on behalf of our safety and security. They risk their lives for the country they love ā€“ and they should not face prejudice at home because of whom they love. These brave soldiers deserve nothing less than our gratitude, our respect, and the benefits they have earned in battle.ā€

On Feb. 1, the Southern Poverty Law Center filed the lawsuit against DOMA in the U.S. District Court for the Central District of California on behalf of Tracey Cooper-Harris, who’s seekingĀ benefits as a disabled Army veteran her spouse, Maggie Cooper-Harris. The two were married in California in 2008 before Proposition 8 took effect.

Boehner’s attorney’s has yet to file the intervention, but the Washington Blade has obtained documents revealing their intent to intervene in the lawsuit. Informed sources are expecting a formal filing of the intervention next week.

Boehner will be defending not just DOMA in court, but Title 38, a law governing veteran benefits that as written precludes same-sex married couples from obtaining benefits. It’s the first time the speaker has elected to defend this statute in addition to DOMA.

In a letter last month, U.S. Attorney General Eric Holder notified Congress that the Obama administration would no longer defend portions of Title 38 related to same-sex couples as it has with DOMA.

It’s taking on defense of Title 38 that Pelosi and Hoyer belief are beyond Boehner’s authority. In the letter, the lawmakers request a formal Bipartisan Legal Advisory Group vote on defending Title 38 and ask that any extension of the existing legal contract receive prior examination by the Committee on House Administration and the House Ethics Committee.

Brendan Buck, a Boehner spokesperson, issued a statement saying the speaker’s intervention in the case against Title 38 is aligned with House rules.

“It was determined through consultations with each office ā€” the process used to make such decisions regularly under then-Speaker Pelosi ā€” that a majority of the BLAG believes the constitutionality of this statute, which the Attorney General described as ‘identical in material respect to the language of Section 3 of DOMA,’ should be determined by the judicial branch, not through a unilateral decree of the President,” Buck said.

Tracey (left) & Maggie Cooper-Harris (Blade file photo by Michael Key)

Tracey Cooper-Harris wasĀ diagnosed in 2010 with multiple sclerosis, and the Department of Veterans Affairs has determined is connected to her military service in Iraq and Afghanistan, She’s been receiving disability benefits as a veteran, but is unable to receive spousal benefits that she would otherwise be entitled to if she were in an opposite-sex marriage. Among them are disability benefits meant to ensure the financial stability of spouses.

Christine Sun, deputy legal director for the Southern Poverty Law Center, said her organization is pleased House Democratic leaders are taking interest in its lawsuit.

“We are pleased that Representatives Nancy Pelosi and Steny Hoyer are getting involved in the Cooper-Harris case and standing with veterans,” Sun said. ā€œIt is astonishing that Rep. John Boehner and his colleagues are continuing this shameful crusade against our brave men and women in uniform and is nothing short of disgusting.ā€

After the Obama administration announced that it would no longer defend DOMA in court last year, Boehner directed House General Counsel Kerry Kircher to defend the statute after BLAG voted 3-2 on a party-line basis to take up defense of the law.

According to Leader Pelosi’s office, the Cooper-Harris case marks the 12th time Boehner has intervened to defend. Earlier this week, officials testified this week that House defense of DOMA thus far has cost $742,000, although Boehner hasĀ raised the cost capĀ to $1.5 million.

The full text of Pelosi and Hoyer’s letter to Boehner follows:

March 30, 2012

The Honorable John Boehner
Speaker of the House of Representatives
United States Capitol
H-232, The Capitol
Washington, D.C. 20515

Dear Mr. Speaker:

Today, we were notified that the House, through outside counsel acting at your direction, has decided to intervene in a case challenging the constitutionality of laws denying federal benefits to military spouses on the basis of their sexual orientation.Ā  As members of the House Bipartisan Legal Advisory Group (BLAG), who were not consulted prior to this unwise decision, we strongly object to spending taxpayer money to intervene in this case against a decorated veteran, Tracey Cooper-Harris, and her spouse, Maggie Cooper-Harris.Ā  This decision clearly exceeds the scope of the original BLAG authorization, with which we initially disagreed.

This intervention once again puts the House of Representatives on the wrong side of the future ā€“ supporting discrimination, unfairness, and the denial of basic equality to all Americans.Ā  We have objected to prior decisions by the House Republican BLAG members to spend hundreds of thousands of taxpayer dollars to defend discrimination.Ā  This latest decision not only ignores the civil rights of LGBT Americans but opens a new, direct assault on veterans. Ā  The men and women of our Armed Forces serve with courage and dignity on behalf of our safety and security.Ā  They risk their lives for the country they love ā€“ and they should not face prejudice at home because of whom they love.Ā  These brave soldiers deserve nothing less than our gratitude, our respect, and the benefits they have earned in battle.

The plaintiffs inĀ Cooper-Harris v. U.S.Ā argue that federal law, including Section 3 of the Defense of Marriage Act (DOMA), 1 U.S.C. Ā§ 7, and portions of the Veteranā€™s Benefits title of the United States Code, 38 U.S.C. Ā§ 101(3) and (31), denies them equal protection under the law by failing to uphold our promises to our servicemembers to care for them and their families. Ā We agree, and note that the U.S. Department of Justice has notified Congress that Section 3 of DOMA ā€“ as well as the definitional portions in Title 38 dealing with military and veteransā€™ benefits ā€“ ā€œcannot be constitutionally applied to same-sex couples who are legally married under state law.ā€Ā  We applaud the decision of the Attorney General against defending indefensible discrimination.

Federal district courts have already deemed DOMA unconstitutional, and the Justice Department will not defend the law.Ā  We call upon the Republican members of the BLAG to rescind your unilateral decision to expand your defense of DOMA to cases involving veterans.Ā  If you insist upon continuing this costly and wasteful use of hundreds of thousands of dollars of taxpayer funds, we request: (a) a formal vote of the BLAG on extending your defense of discrimination to veterans and their families, and (b) any extension of the existing legal contract, any new contract, and any additional expenditure of public funds on behalf of outside counsel receive full prior examination by the Committee on House Administration and the House Ethics Committee.

We look forward to receiving your response to this and the several previous letters from House Democrats on this subject.

Thank you for your attention to this matter.

Best regards,

NANCY PELOSIĀ Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā STENY H. HOYER

Democratic LeaderĀ Ā Ā Ā Ā Ā Ā Ā Ā  Democratic Whip

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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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