National
Bi-national gay couples file lawsuit targeting DOMA
Case follows administration’s refusal to hold green cards in abeyance
A new lawsuit was filed Monday challenging the constitutionality of the Defense of Marriage Act — this time on the grounds that it discriminates against married bi-national same-sex couples seeking to remain together in the United States.
Immigration Equality, an LGBT advocacy group, filed the case in the U.S. District Court for the Eastern District of New York on behalf of five gay couples. The law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP joined the organization in filing the lawsuit.
The lawsuit, known as Blesch v. Holder, targets the inability of these spouses to secure residency in the United States through the marriage-based green card application process.
Americans in opposite-sex marriages can sponsor their foreign spouses for residency in the United States, but that option isn’t available to same-sex couples because of DOMA. These couples are at risk of separation if the foreign national is undocumented or if a temporary visa obtained for work or some other purposes expires.
“Because of DOMA, the federal government does not recognize the marriages of same-sex couples and, therefore, denies them the immigration rights afforded to other married couples,” the complaint states. “As a result, these couples live their lives at constant risk of separation.”
The five couples represented in the lawsuit are Edwin Blesch and his South African spouse, Tim Smulian, who reside in Orient, N.Y.; Frances Herbert and her Japanese-born spouse, Takako Ueda, who reside in Dummerston, Vt.; Heather Morgan and her Spanish-born spouse, Maria del Mar Verdugo, who live in New York City; Santiago Ortiz and his Venezuelan-born spouse, Pablo Garcia, who live in Elmhurst, N.Y.; and Kelli Ryan and her British-born spouse, Lucy Truman, who reside in Sandy Hook, Conn.
The complaint details the stories of each of the couples involved in the lawsuit. For Blesch and Smulian, the complaint notes that Blesch has been living with HIV since 1987. For 11 years, the couple spent six months in the United States and six month abroad to stay together.
However, according to the complaint, complications from HIV therapy as well as other health problems have begun taking a toll on Blesch’s health. As a result, he’s no longer able to spend six months in South Africa because it would be too far from his doctors. The couple has been spending much of their time in Canada, but Blesch’s Medicare doesn’t cover him in that country and he’s forced to return twice to the United States for care.
“Tim, heartbroken, could not accompany Edwin to his doctors (as he always does), fearful he would be denied entry to the United States during those six-month periods,” the lawsuit states.
Immigration Equality’s lawsuit is one of about a dozen pending lawsuits challenging DOMA. This week, the First Circuit Court of Appeals was set to hear oral arguments for two cases, marking the first time an appellate court has held a hearing on DOMA.
Executive director of Immigration Equality Rachel Tiven (Blade file photo by Michael Key)
Rachel Tiven, executive director of Immigration Equality, said her lawsuit was a necessary addition to existing cases because no pending lawsuit focuses on bi-national couples.
“We worked closely in partnership with GLAD, Lambda, ACLU to determine what would make sense to protect the rights of people for whom their DOMA problem is immigration benefits, and really came to the conclusion that the time is now,” Tiven said.
Lavi Soloway, co-founder of Stop the Deportations and an immigration attorney at Masliah & Soloway, said the lawsuit will help draw attention to the plight of gay bi-national couples. He has no involvement with the lawsuit.
Still, Soloway expressed skepticism that the case would have any impact on the law because he thinks other DOMA lawsuits will reach the Supreme Court sooner.
“Certainly, bi-national couples experience Section 3 of DOMA in a way that is hard to compare to any other situation, but the reality is that this lawsuit will move through the federal judicial system for years and is unlikely to produce any immediate change,” Soloway said.
But the Immigration Equality case isn’t the first lawsuit to challenge DOMA on the basis that it’s unfair to bi-national same-sex couples. In September, a federal judge threw out a case filed by Handi Lui, an Indonesian native who was denied a marriage-based green card application.
Tiven said her organization’s lawsuit will be more successful than other immigration-related DOMA cases because it was filed in a different circuit that is governed by different case law.
“We filed in the Second Circuit because we believe that a DOMA challenge based on immigration need will succeed here and because all of the states in the second circuit are marriage equality states,” Tiven said.
The Obama administration announced last year it would no longer defend DOMA in court, and since then — following a vote of the Bipartisan Legal Advisory Group — the House general counsel has taken up defense of the law.
In the Immigration Equality case, the Justice Department is similarly expected to decline to defend DOMA, and the attorneys of House Speaker John Boehner are expected to come to the defense of the anti-gay law.
Immigration Equality has called on the Obama administration to hold the marriage-based green cards of bi-national same-sex couples in abeyance — so they cannot be denied — until Congress or the courts act to repeal DOMA. Each time the organization has made the call, the administration has said it would continue to enforce DOMA as long as it remains on the books.
One of the couples involved in the lawsuit, Ryan and Truman, have asked the administration to make this change. In November, Sen. Richard Blumenthal (D-Conn.) wrote the Department of Homeland Security to ask officials to place on hold the couple’s green card application.
According to The Advocate, LGBT groups met with White House officials to January to discuss the possibility of putting the green cards in abeyance. But administration officials reportedly told LGBT rights supporters such action wouldn’t be taken.Case
Tiven said Immigration Equality filed the lawsuit because the administration’s decision left the organization no other option.
“We’ve been really working … for a year now to ask them to hold the green card applications for couples who are affected by DOMA and, after a lot of back and forth, they ultimately said ‘no,'” Tiven said. “So we really were left with no choice but to sue.”
Soloway said the administration has no reason not to take action to place the green cards in abeyance to protect bi-national same-sex couples.
“It is not a legally required position, it is a political choice,” Soloway said. “If they want to protect all LGBT families, then they could craft policy that would secure married bi-national couples in the interim period.”
While the administration hasn’t taken action to hold the marriage-based green card applications in abeyance, it has said it would include bi-national same-sex couples as part of an effort to take low priority cases out of the deportation pipeline by granting them prosecutorial discretion.
The criteria for being taken out of the deportation pipeline include a person’s ties and contributions to the community and family relationships, and administration officials have said these criteria are inclusive of LGBT families and same-sex couples.
But Soloway said these protections for bi-national same-sex couples are insufficient because, beyond speaking to media, the administration has never explicitly said this change covers LGBT families.
“We should not be fooled,” Soloway said. “There’s no expressed protection being provided under the prosecutorial discretion policy to lesbian and gay bi-national couples. It has worked in certain cases, but it’s far from consistent and it depends on individual ICE prosecutors understanding how to apply the guidelines.”
Moreover, Tiven said none of the couples in the lawsuit have received notification they would be taken out of the deportation pipeline as a result of this initiative.
According to Immigration Equality, Blesch and Smulian have one year of deferred action for a deportation hearing, while Herbert and Takako are applying for such action. Ryan and Truman as well as Morgan and del Mar Verdugo are able to stay together in the United States because of work visas.
“It doesn’t let them make any advance plans,” Tiven said. “In the [Morgan and del Mar Verdugo’s] case, they talked about having children, but have postponed that because they just don’t know what could happen.”
The White House
Empty seats, canceled shows plague Kennedy Center ahead of Trump renaming
It would take an act of Congress to officially rename the historic music venue, despite the Trump-appointed board’s decision.
The board of the Kennedy Center in Washington, D.C., voted to rename it the Trump-Kennedy Center, according to the White House Press Office.
White House Press Secretary Karoline Leavitt announced the decision in a post on X Thursday, thanking the president for his work on the cultural center “not only from the standpoint of its reconstruction, but also financially, and its reputation.”
Speaking to reporters later that day at the White House, Trump said he was “surprised” and “honored” by the board’s vote.
“This was brought up by one of the very distinguished board members, and they voted on it, and there’s a lot of board members, and they voted unanimously. So I was very honored,” he said.
Earlier this year, GOP Rep. Mike Simpson of Idaho introduced an amendment that would have renamed the building after first lady Melania Trump, later saying she had not been aware of his efforts prior to the amendment’s public introduction.
Despite the board’s vote (made up of Trump-appointed loyalists), the original laws guiding the creation of the Kennedy Center during the Eisenhower, Kennedy, and Johnson administrations explicitly prohibit renaming the building. Any change to its name would require an act of Congress.
Trump has exerted increasing control over the center in recent months. In February, he abruptly fired members of the Kennedy Center’s board and installed himself as chair, writing in a Truth Social post at the time, “At my direction, we are going to make the Kennedy Center in Washington D.C., GREAT AGAIN.”
In that post, Trump specifically cited his disapproval of the center’s decision to host drag shows.
He later secured more than $250 million from the Republican-controlled Congress for renovations to the building.
Since Trump’s takeover, sales of subscription packages are said to have declined, and several touring productions — including “Hamilton” — have canceled planned runs at the venue. Rows of empty seats have also been visible in the Concert Hall during performances by the National Symphony Orchestra.
“The Kennedy Center Board has no authority to actually rename the Kennedy Center in the absence of legislative action,” House Minority Leader Hakeem Jeffries told reporters.
For decades, the Kennedy Center has hosted performances by LGBTQ artists and companies, including openly queer musicians, choreographers, and playwrights whose work helped push LGBTQ stories into the cultural mainstream. Those artists include the Gay Men’s Chorus of Washington, Harvey Fierstein, and Tennessee Williams.
In more recent years, the center has increasingly served as a space for LGBTQ visibility and acceptance, particularly through Pride-adjacent programming and partnerships.
That legacy was on display at this year’s opening production of Les Misérables, when four drag performers — Tara Hoot, Vagenesis, Mari Con Carne, and King Ricky Rosé — attended in representation of Qommittee, a volunteer network uniting drag artists to support and defend one another amid growing conservative attacks.
“We walked in together so we would have an opportunity to get a response,” said Tara Hoot, who has performed at the Kennedy Center in full drag before. “It was all applause, cheers, and whistles, and remarkably it was half empty. I think that was season ticket holders kind of making their message in a different way.”
The creation of the Kennedy Center is outlined in U.S. Code, which formally designates the institution as the John F. Kennedy Center for the Performing Arts.
As a result, it appears unlikely that Congress will come together to pass legislation allowing the historic venue to be renamed.
The White House
HHS to restrict gender-affirming care for minors
Directive stems from President Donald Trump’s Jan. 28 executive order
The U.S. Department of Health and Human Services announced Thursday that it will pursue regulatory changes that would make gender-affirming healthcare for transgender children more difficult, if not impossible, to access.
The shift in federal healthcare policy stems directly from President Donald Trump’s Jan. 28 executive order, Protecting Children From Chemical and Surgical Mutilation, which formally establishes U.S. opposition to gender-affirming care and pledges to end federal funding for such treatments.
The executive order outlines a broader effort to align HHS with the Trump–Vance administration’s policy goals and executive actions. Those actions include defunding medical institutions that provide gender-affirming care to minors by restricting federal research and education grants, withdrawing the 2022 HHS guidance supporting gender-affirming care, requiring TRICARE and federal employee health plans to exclude coverage for gender-affirming treatments for minors, and directing the Justice Department to prioritize investigations and enforcement related to such care.
HHS has claimed that gender-affirming care can “expose them [children] to irreversible damage, including infertility, impaired sexual function, diminished bone density, altered brain development, and other irreversible physiological effects.” The nation’s health organization published a report in November, saying that evidence on pediatric gender-affirming care is “very uncertain.”
The Centers for Medicare and Medicaid Services is now in the process of proposing new rules that would bar hospitals from performing what the administration describes as sex-rejecting procedures on children under age 18 as a condition of participation in Medicare and Medicaid programs. Nearly all U.S. hospitals participate in Medicare and Medicaid. HHS said that “this action is designed to ensure that the U.S. government will not be in business with organizations that intentionally or unintentionally inflict permanent harm on children.”
Health and Human Services Secretary Robert F. Kennedy Jr. released a statement alongside the announcement.
“Under my leadership, and answering President Trump’s call to action, the federal government will do everything in its power to stop unsafe, irreversible practices that put our children at risk,” Kennedy said. “This administration will protect America’s most vulnerable. Our children deserve better — and we are delivering on that promise.”
Those claims stand in direct opposition to the positions of most major medical and healthcare organizations.
The American Medical Association, the nation’s largest and most influential physician organization, has repeatedly opposed measures that restrict access to trans healthcare.
“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” a statement on the AMA’s website reads. “Improving access to gender-affirming care is an important means of improving health outcomes for the transgender population.”
Jennifer Levi, senior director of transgender and queer rights at GLBTQ Legal Advocates and Defenders, warned the proposed changes would cause significant harm.
“Parents of transgender children want what all parents want: to see their kids thrive and get the medical care they need. But this administration is putting the government between patients and their doctors. Parents witness every day how their children benefit from this care — care backed by decades of research and endorsed by major medical associations across the country. These proposed rules are not based on medical science. They are based on politics. And if allowed to take effect will serve only to drive up medical costs, harm vulnerable children, and deny families the care their doctors say they need. These rules elevate politics over children — and that is profoundly unAmerican.”
Human Rights Campaign President Kelley Robinson echoed Levi’s sentiments.
“The Trump administration is relentless in denying health care to this country, and especially the transgender community. Families deserve the freedom to go to the doctor and get the care that they need and to have agency over the health and wellbeing of their children,” Robinson said. “But these proposed actions would put Donald Trump and RFK Jr. in those doctor’s offices, ripping health care decisions from the hands of families and putting it in the grips of the anti-LGBTQ+ fringe. Make no mistake: these rules aim to completely cut off medically necessary care from children no matter where in this country they live. It’s the Trump administration dictating who gets their prescription filled and who has their next appointment canceled altogether.
The announcement comes just days after U.S. Rep. Marjorie Taylor Greene (R-Ga.) advanced legislation in Congress that would make it a felony to provide gender-affirming care to a child.
The White House
As house Democrats release Epstein photos, Garcia continues to demand DOJ transparency
Blade this week sat down with gay House Oversight Committee ranking member
Democrats on the House Oversight Committee have released new photos from Jeffrey Epstein’s email and computer records, including images highlighting the relationship between President Donald Trump and the convicted sex offender.
Epstein, a wealthy financier, was found guilty of procuring a child for prostitution and sex trafficking, serving a 13-month prison sentence in 2008. At the time of his death in prison under mysterious circumstances, he was facing charges of sex trafficking and conspiracy to traffic minors.
Among those pictured in Epstein’s digital files are Trump, former President Bill Clinton, former Trump adviser Steve Bannon, actor and director Woody Allen, economist Larry Summers, lawyer Alan Dershowitz, entrepreneurs Richard Branson and Bill Gates, and Andrew Mountbatten-Windsor.
One photo shows Trump alongside Epstein and a woman at a Victoria’s Secret party in New York in 1997. American media outlets have published the image, while Getty Images identified the woman as model Ingrid Seynhaeve.
Oversight Committee Democrats are reviewing the full set of photos and plan to release additional images to the public in the coming days and weeks, emphasizing their commitment to protecting survivors’ identities.
With just a week left for the Justice Department to publish all files related to Epstein following the passage of the Epstein Files Transparency Act, which requires the Justice Department to release most records connected to Epstein investigations, the Washington Blade sat down with U.S. Rep. Robert Garcia (D-Calif.), the ranking member on the Oversight Committee to discuss the current push the release of more documents.
Garcia highlighted the committee’s commitment to transparency and accountability.
“We’ve said anything that we get we’re going to put out. We don’t care who is in the files … if you’ve harmed women and girls, then we’ve got to hold you accountable.”
He noted ongoing questions surrounding Trump’s relationship with Epstein, given their long history and the apparent break in friendship once Trump assumed public office.
“There’s been a lot of questions about … Donald Trump and Jeffrey Epstein. They were best friends for 10 years … met women there and girls.”
Prior to Trump’s presidency, it was widely reported that the two were friends who visited each other’s properties regularly. Additional reporting shows they socialized frequently throughout the 1990s and early 2000s, attending parties at Trump’s Mar-a-Lago resort in Florida and Epstein’s residences. Flight logs from an associate’s trial indicate Trump flew on Epstein’s private jet multiple times, and Epstein claimed Trump first had sex with his future wife, Melania Knauss, aboard the jet.
“We’ve provided evidence … [that leads to] questions about what the relationship was like between Donald Trump and Jeffrey Epstein.”
Garcia stressed the need for answers regarding the White House’s role in withholding information, questioning the sudden change in attitude toward releasing the files given Trump’s campaign promises.
“Why is the White House trying to cover this up? So if he’s not covering for himself … he’s covering up for his rich friends,” Garcia said. “Why the cover up? Who are you hiding for? I think that’s the question.”
He confirmed that Trump is definitively in the Epstein files, though the extent remains unknown, but will be uncovered soon.
“We know that Trump’s in them. Yeah, he’s been told. We know that Trump’s in them in some way. As far as the extent of it … we don’t know.”
Garcia emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or personal connections.
“All these powerful men that are walking around right now … after abusing, in some cases, 14‑ and 15‑year‑old girls, they have to be held accountable,” he said. “There has to be justice for those survivors and the American public deserves the truth about who was involved in that.”
He added that while he is the ranking member, he will ensure the oversight committee will use all available political tools, including subpoenas — potentially even for the president.
“We want to subpoena anyone that we can … everyone’s kind of on the table.”
He also emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or relationship with the president.
“For me, they’re about justice and doing the right thing,” Garcia said. “This is about women who … were girls and children when they were being abused, trafficked, in some cases, raped. And these women deserve justice.”
“The survivors are strong.”
Deputy White House Press Secretary Abigail Jackson issued a statement regarding the release the photos, echoing previous comments from Republicans on the timing and framing of the photos by the Oversight Committee.
“Once again, House Democrats are selectively releasing cherry-picked photos with random redactions to try and create a false narrative,” Jackson said.
“The Democrat hoax against President Trump has been repeatedly debunked and the Trump administration has done more for Epstein’s victims than Democrats ever have by repeatedly calling for transparency, releasing thousands of pages of documents, and calling for further investigations into Epstein’s Democrat friends,”
In a press release on Friday, Garcia called for immediate DOJ action:
“It is time to end this White House cover-up and bring justice to the survivors of Jeffrey Epstein and his powerful friends. These disturbing photos raise even more questions about Epstein and his relationships with some of the most powerful men in the world. We will not rest until the American people get the truth. The Department of Justice must release all the files, NOW.”
(Photo courtesy of the U.S. House Oversight Committee)
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