National
Plaintiffs optimistic after DOMA arguments
Confidence that appeals court will find anti-gay law unconstitutional

BOSTON ā There was optimism in the air outside theĀ JohnĀ JosephĀ MoakleyĀ Courthouse after advocates seeking to overturn the Defense of Marriage Act emerged from the first-ever appellate hearing on the constitutionality of the law.
Nancy Gill, the lead plaintiff in one of the cases before the First Circuit Court of Appeals, said she “absolutely” thinks she’s on the cusp of Ā seeing the end of the anti-gay statute prohibiting federal recognition of her marriage.
“It’s definitely going to happen,” Gill told the Washington Blade. “We can’t fathom how anybody can make an argument against a relationship that’s 31 years old. We’ve been married for eight, have two children. We add to society, and we just want to make sure that we have the same rights and protections that our other married friends have.”
Gill, a postal worker who married her spouse,Ā Marcelle Letourneau, in 2004 after same-sex marriage became legal in Massachusetts, is suing the federal government on the basis that DOMA unfairly precludes them from obtaining health insurance and pensions afforded to other federal workers.
The Washington Blade interviewed several individuals outside the courtroom following the court hearing on 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.
Speaking to reporters, Mary Bonauto, GLAD’s civil rights project director, reiterated some of the arguments she made against DOMA during the oral arguments when she contended that DOMA violates the equal protection rights of her plaintiffs. Bonauto was lead counsel in the Goodridge case that led to the 2003 legalization of same-sex marriage in Massachusetts.
“Nobody’s trying to throw stones here but Congress wasn’t at its best for this,” Bonauto said. “They are supposed to act neutrally when it comes to the rights of people, but Congress couldn’t have been clearer that it disapproved of gay people and did not want them to have the same protections everyone else has. We all come before our government as equals, and it needs a reason other than ‘I don’t like you’ to treat people differently, especially on such a massive scale.”
Coakley expressed confidence the court would strike down DOMA after her deputy Maura Healey presented the argument that DOMA was unconstitutional on the basis that it violates state’s rights under the Tenth Amendment.
“I can’t speak for the judges, and I’m sure they will look at all the arguments fairly, but when you look at the thinness of the legal argument on the other side and really the emotional and real fact-based arguments made by the plaintiffs, I’m confident that Judge Tauro will be upheld,” Coakley said.
U.S. District Judge Joseph Tauro, a Nixon appointee, ruled against DOMA in 2010 in the two cases that are now before the appellate court on the basis that the anti-gay law fails the rational standard basis of review. The cases were brought to the First Circuit upon appeal.
Paul Clement, the former U.S. solicitor general whom House Speaker John Boehner hired to defend DOMA, wasn’t seen outside along with plaintiff couples and attorneys. Fresh from arguing against the health care law before the Supreme Court, Clement appeared to argue on behalf of DOMA and was set to argue in favor of the controversial Arizona immigration law later this month.
Clement bore the brunt of disparaging comments from LGBT advocates after the hearing for arguments he made in court. Among them, his claims that opposite-sex marriages are beneficial because they’re the only union that can produce children. He also said DOMA allows the federal government to stay out of the way while states decide the issue of same-sex marriage.
Dean Hara, another plaintiff in the GLAD case, said he thought Clement talked about DOMA in “abstract terms” that didn’t show the anti-gay law has a real effect on same-sex couples seeking federal benefits.
“It was the same arguments that they have used before,” Hara said. “If something has always been that way, it shouldn’t change, and I don’t think that’s a valid argument in anything. much less marriage.”
Hara, the widower of the late Rep. Gerry Studds, is suing the federal government to obtain the Social Security survivor benefits he would have been able to receive had he been in an opposite-sex marriage.
“I never thought that I would be a plaintiff challenging the Defense of Marriage Act ā much less did I ever think that I’d be at the Court of Appeals where we are now,” Herra said. “We’ve come a long ways.”
Lavi Soloway, co-founder of Stop the Deportations and an immigration attorney at Masliah & Soloway, was also dismissive of the arguments that Clement brought before the three-judge panel hearing the case.
“I was surprised by the weakness of the arguments put forward by BLAG,” Soloway said. “I felt that they did not acquit themselves very well of the obligation that was placed upon them by the House Republicans to defend the statute. Their defense was very weak.”
Soloway isn’t a party to any of the DOMA cases that were brought before the First Circuit, but has advocated against the anti-gay law on the basis that it threatens to tear apart married bi-national same-sex couples living in the United States ā some of whom are his clients.
One development during the hearing that pleased Soloway was the Justice Department’s Stuart Delery announcement that he wouldn’t defend DOMA on a rational basis standard of review if judges should examine it on that basis. The Justice Department had previously said it wouldn’t defend the anti-gay law because it doesn’t pass muster under heightened scrutiny.
“In the First Circuit, there’s an open question as to whether heightened scrutiny would be applied in this case,” Soloway said. “Mr. Delery for the Department of Justice informed the court that the government’s position is that the Defense of Marriage Act fails under rational basis.”
What the court will ultimately decide remains to be seen. Paul Smith, who delivered the arguments before the Supreme Court for Lawrence v. Texas, was present during the oral arguments for the appeals court and said he’s “not really able to predict” the outcome of the cases. He’s a pro-bono counsel for the GLAD case.
“The court was listening closely to everyone,” Smith said. “They were somewhat surprisingly not asking very many questions except of Mr. Clement. You’re not always sure how to read that, but we come away very hopeful.”
Soloway said he thinks “there’s a strong chance” judges will uphold Tauro’s ruling from 2010, although he expects an appeal.
“I don’t know that the rationale will be the same,” Soloway said. “I think that the attorneys for the congressional Republicans will seek an en banc hearing, and will, of course, ultimately appeal to the Supreme Court.”
The White House
Biden issues Transgender Day of Visibility proclamation
Statement comes against backdrop of anti-transgender laws

President Joe Biden on Thursday issued a proclamation that recognizes the Transgender Day of Visibility.
“Transgender Day of Visibility celebrates the joy, strength, and absolute courage of some of the bravest people I know ā people who have too often had to put their jobs, relationships, and lives on the line just to be their true selves,” reads the proclamation. “Today, we show millions of transgender and nonbinary Americans that we see them, they belong, and they should be treated with dignity and respect. Their courage has given countless others strength, but no one should have to be brave just to be themselves. Every American deserves that freedom.”
Biden said “transgender Americans shape our nation’s soul ā proudly serving in the military, curing deadly diseases, holding elected office, running thriving businesses, fighting for justice, raising families and much more.”
“As kids, they deserve what every child deserves: The chance to learn in safe and supportive schools, to develop meaningful friendships, and to live openly and honestly,” he said. “As adults, they deserve the same rights enjoyed by every American, including equal access to health care, housing, and jobs and the chance to age with grace as senior citizens. But today, too many transgender Americans are still denied those rights and freedoms.”
Biden notes “a wave of discriminatory state laws is targeting transgender youth, terrifying families and hurting kids who are not hurting anyone.”
“An epidemic of violence against transgender women and girls, in particular women and girls of color, has taken lives far too soon,” he added. “Last year’s Club Q shooting in Colorado was another painful example of this kind of violence ā a stain on the conscience of our nation.”
The full proclamation is below:
TRANSGENDER DAY OF VISIBILITY, 2023 – – – – – – – BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION |
Ā Ā Ā Transgender Day of Visibility celebrates the joy, strength, and absolute courage of some of the bravest people I know ā people who have too often had to put their jobs, relationships, and lives on the line just to be their true selves. Today, we show millions of transgender and nonbinary Americans that we see them, they belong, and they should be treated with dignity and respect. Their courage has given countless others strength, butĀ no one should have to be brave just to be themselves. EveryĀ American deserves that freedom. Ā Ā Ā Ā Transgender Americans shape our Nation’s soul ā proudly serving in the military, curing deadly diseases, holding elected office, running thriving businesses, fighting for justice, raising families, and much more. As kids, they deserve what every child deserves: The chance to learn in safe and supportive schools, to develop meaningful friendships, and to live openly and honestly.Ā As adults, they deserve the same rights enjoyed by every American, including equal access to health care, housing, and jobs and the chance to age with grace as senior citizens.Ā But today, too many transgender Americans are still denied those rights and freedoms.Ā A wave of discriminatory state laws is targeting transgender youth, terrifying families and hurting kids who are not hurting anyone. An epidemic of violence against transgender women and girls, inĀ particular women and girls of color, has taken lives far too soon. Last year’s Club Q shooting in Colorado was another painful example of this kind of violence ā a stain on the conscience of our nation. Ā Ā Ā Ā My administration has fought to end these injustices from day one, working to ensure that transgender people and the entire LGBTQI+ community can live openly and safely.Ā On my first day as president, I issued an executive order directing the federal government to root out discrimination against LGBTQI+ people and their families.Ā We have appointed a record number of openly LGBTQI+ leaders, and I was proud to rescind the ban on openly transgender people serving in the military.Ā WeĀ are also working to make public spaces and travel more accessible, including with more inclusive gender markers on United States passports. We are improving access to public services and entitlements like Social Security. We are cracking down on discrimination in housing and education. And last December, I signed the Respect for Marriage Act into law, ensuring that every American can marry the person they love and have that marriage accepted, period. Ā Ā Ā Ā Meanwhile, we are also working to ease the tremendous strain that discrimination, bullying, and harassment can put onĀ transgender children ā more than half of whom seriously considered suicide in the last year.Ā The Department of Education is, for example, helping ensure that transgender students have equal opportunities to learn and thrive at school, and the Department of Justice is pushing back against extreme laws that seek to ban evidence-based gender-affirming health care. Ā Ā Ā Ā There is much more to do. I continue to call on the Congress to finally pass the Equality Act and extend long-overdue civil rights protections to all LGBTQI+ Americans to ensure they can live with safety and dignity. Together, we also have to keep challenging the hundreds of hateful state laws that have been introduced across the country, making sure every child knows that they are made in the image of God, that they are loved, and that we are standing up for them. Ā Ā Ā Ā America is founded on the idea that all people are created equal and deserve to be treated equally throughout their lives. We have never fully lived up to that, but we have never walked away from it either. Today, as we celebrate transgender people, we also celebrate every American’s fundamental right to be themselves, bringing us closer to realizing America’s full promise. Ā Ā Ā Ā NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 31, 2023, as Transgender Day of Visibility.Ā I call upon all Americans to join us in lifting up the lives and voices of transgender people throughout our nation and to work toward eliminating violence and discrimination against all transgender, gender nonconforming, and nonbinary people. Ā Ā Ā Ā IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of March, in the year of our Lord twoĀ thousandĀ twenty-three, and of the independence of the UnitedĀ States ofĀ America the twoĀ hundred and forty-seventh. Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā JOSEPH R. BIDEN JR. |
Kentucky
Ky. lawmakers override veto of anti-transgender bill
Democratic Gov. Andy Beshear sharply critical of SB 150

Both chambers of the Kentucky Legislature voted Wednesday to override Democratic Gov. Andy Beshearās veto on Senate Bill 150 that would severely restrict the lives of transgender youth in the state.
The law will:
- Ban gender-affirming medical care, including treatments that delay puberty, other forms of hormone therapy and surgery, for trans and nonbinary people under 18 years old.
- Require revoking the licenses of doctors who provide such services.
- Tell public schools to block trans students from using bathrooms and locker rooms that match their gender identity.
- Allow public school teachers to misgender trans students.
- Prevent public schools from allowing educational presentations that study gender identity or sexual orientation.

Beshear stressed that the bill conflicted with his faith and noted the billās repercussions would include an increase in LGBTQ youth suicides: āMy faith teaches me that all children are children of God and Senate Bill 150 will endanger the children of Kentucky.ā Beshear also called it ātoo much government interference in personal healthcare issues and rips away the freedom of parents to make medical decisions for their children.ā
In an emailed statement to the Washington Blade, Fairness Campaign Executive Director Chris Hartman reflected on the Assembly’s actions:
“While we lost the battle in the legislature, our defeat is temporary. We will not lose in court. And we are winning in so many other ways. Thousands of Kentucky kids came to the Capitol today to make their voices heard against the worst anti-trans bill in the nation. They are our hope for a Kentucky future that is more fair, more just, and more beautifully diverse and accepting than ever before.
I applaud the brave protesters who stood their ground in the Kentucky House gallery today before being removed by Kentucky State Troopers. Their chants and pain were heard by all in the chamber and were a necessary show of the grief and harm Senate Bill 150 will cause. Transgender children and their families in Kentucky are scared, rightfully so. We will do all we can to ensure they can continue to access the life-saving medical care they deserve.”
According to Hartman, “Brave, devastated protesters held each other in solidarity and chanted for 30 minutes in the House gallery before being taken out in zip ties by state troopers.”
BREAKING: Police in the Kentucky State House Chamber are forcefully removing people who are protesting SB 150, which they consider to be an extreme anti-trans bill. @LEX18News pic.twitter.com/urqwPa9Ij0
ā Ricky Sayer (@RickyReports) March 29, 2023
SB 150 protesters had arms linked together, preventing police from removing them all at once. @LEX18News pic.twitter.com/gd0XvdrF4L
ā Ricky Sayer (@RickyReports) March 29, 2023
Tennessee
Tennessee queens brace for ‘drag ban’ law
All-ages drag brunch raises $3,500 for school gun violence prevention efforts

JOHNSON CITY, Tenn. ā Tennessee has passed a number of anti-LGBTQ bills this year, including a measure that criminalizes gender-affirming care for transgender youth and a law that could be used to stop all drag shows on public property or in the presence of anyone under the age of 18.
In response to the anti-drag law, the owner and staff at the Tennessee gay bar New Beginnings held an all-ages drag brunch fundraiser on Sunday, raising $3,500 to combat gun violence in schools.
Republican Tennessee Gov. Bill Lee signed Senate Bill 2, the so-called ādrag ban,ā into law on March 2, setting fines and even jail time for āmale or female impersonators who provide entertainment that appeals to a prurient interestā in the presence of minors or on public property. The vague language of the new law, set to take effect on April 1 has advocates, business owners and entertainers concerned about how the law might be enforced.
āWe don’t view the language of the bill as banning all public drag,ā Tennessee Equality Project Executive Director Chris Sanders told the Washington Blade. āBut with that said, it is restrictive and it will embolden those who want to police and harass drag performances outside 18+ clubs. The implementation will be in the hands of law enforcement and district attorneys across the state and that is really where the potential for arbitrary enforcement comes in. In some of the larger cities, I do not believe that law enforcement or the district attorneys will view a drag brunch as a violation. I don’t speak for them, though. But in other parts of the state, the matter could be more complicated. Regardless of how one reads the text of the law, it will embolden groups who go around filming drag performances and take segments out of context.ā
New Beginnings is a āsafe spaceā

One place where drag thrives in the state is New Beginnings, a sprawling nightclub located in Johnson City. New Beginnings, founded in 1987, is the only full-time LGBTQ venue currently in operation in the Tri-Cities area that includes Johnson City and Kingsport, Tenn., as well as Bristol, Va.
āWe try to give the young people who come here something nicer than the circumstances they live in,ā Mark, a New Beginnings bartender, told the Blade. āMany of these kids have never been on a plane, have never left the Tri-Cities area. We provide them with a safe space to be who they are and to experience the world: To see something of New Orleans or places outside.ā
New Beginnings faces regular protesters and had an inauspicious beginning, according to Michael Trivette, who owns New Beginnings with his husband and extended family. He recounted to the Blade, āWhen we first opened up here in 1987, I was in the back parking lot painting stripes because they had to be marked for permits and a police officer came through and said, āI understand that you are putting a gay bar in here . . . you can just tell whoever that thereās not going to be no gay bar in my district.ā He said, āIāll close it down.ā and this was before we even opened.ā
Things have changed over the years as both New Beginnings and the LGBTQ community as a whole have gained wider acceptance, according to Trivette.
Trivette tells the Blade that New Beginnings often holds a drag brunch around the time of TriPride, an annual event that rotates between Bristol, Kingsport and Johnson City. The TriPride drag brunch is now in jeopardy given concerns around the enforcement of the new law.
“When TriPride had pitched [having Pride in Johnson City in 2023] to the city commissioners and the mayor, they spoke so eloquently of an event to bring all of the people of the Tri-Cities together in a unified moment where they could celebrate the diversity of different people. The mayor wrote this glowing letter,” Trivette recounted. “Itās just so wonderful to think of, this is where we were and now this is where we are.ā
āBut now, this is where weāre going back to,ā Trivette added.
Trivette said there was even talk of moving TriPride from Johnson City to nearby Bristol, Va., across the state line, just to be safe. However, TriPride told the Blade they resolve to continue with plans for a September parade and festival in Tennessee.
āAs it stands currently, TriPride intends to continue with the parade and festival in Johnson City,ā TriPride Board President Melody Taylor said. āWe will continue to have open communication with the city as well as monitoring how the new law is being interpreted and if or when anyone is charged. TriPride has always prided itself on being an all-ages friendly event and our festival entertainment has never been obscene and this year will be no different.ā
Tenn. anti-drag law goes into effect on April 1

āOf course we think itās ridiculous,ā Trivette said when asked what he thought of the new drag law. āI just truthfully have to wonder who saw what that made them feel compelled to go back to their offices and write this law about drag queens.ā
Trivette continued, āYou take a bunch of middle-aged, middle-class people and you talk about the good old days and how much better it used to be and you point your finger at a group of people and you blame them for your problems. And when you have an enemy, you have a focus.ā
Kyelee Moffatt, mother, social worker and self-described ājack of all tradesā at New Beginnings was blunt about her feelings concerning the anti-drag law: āI think itās bullshit.ā
Moffett elaborated, āI think itās a lot of white, old men in Nashville making laws about things they know nothing about because they are being told things from people who are ignorant. They arenāt educated as to what drag is: it is a form of art. It is a wonderful form of entertainment. These people making these laws are afraid of them, the drag performers, because they are different.ā
āI have fear for this law being interpreted in different ways to affect our trans community, especially,ā she continued. āEspecially with the recent ban on gender-affirming care for our trans youth in the state, I think that this is another way for politics and law enforcement to persecute our trans community. Iām afraid that law enforcement is going to target the trans community as well.ā
āFor me, it is reflective of laws in the 50s,ā Moffett cautioned. āItās just a huge red flag that our civil rights are being violated. I think weāre going backwards instead of forwards because, again, because people are afraid of what they donāt know.ā
Odessa Mann, a drag artist who headlines alongside a large troupe of performers in the only regular drag show in the Tri-Cities, met with the Blade before hosting Saturday nightās drag show at New Beginnings. Mann, a spirited performer who is equally animated when talking about the importance of drag, explained, āDrag has been such a part of everybodyās culture: Not just queer culture. Itās been a part of theater and entertainment culture for as long as entertainment has been a thing. And so, it just feels that it is very convenient that now they want to bring up an issue with it all of the sudden.ā
āQueer celebration and queer joy has always been a riot and has been a political movement in and of itself,ā Mann said. āYou can marginalize us and push us to the outsides of the community if you would like to but weāre still going to celebrate and weāre still going to find joy in ourselves. And now they have a problem with that again. So it’s even more important to stay louder in our celebration, louder in our joy and make sure that those people know that weāre not going anywhere. You can make as many bills as you want to, but weāre going to still be right here.ā

āWith the current rhetoric being lobbed at the LGBTQ+ community not only in Tennessee but across the country we at TriPride feel our mission of providing a safe environment for our community to rejoice in being their authentic selves is more important than ever,ā TriPride Board President Taylor elaborated in an email. āThese hateful messages are intended to incite fear and push the LGBTQ community back in the closet, so to speak. TriPride refuses to simply disappear and will continue showing the love, kindness, and pride that our community has. Our community has been fighting for our right to exist for generations and we will continue that fight as long as necessary.ā
āEvery week of the legislative session, we have published campaigns against the discriminatory bills and we continue to do that,ā Sanders of Tennessee Equality Project told the Blade. āWe have helped numerous people meet with their legislators and helped people prepare testimony against the bills. We have to continue doing that because we still face an anti-trans student pronoun bill, a new anti-trans amendment to a bill about camps, and much more. In my 20 years of working on anti-LGBTQ legislation in Tennessee, this is the worst year yet. But the community has stepped up and keeps coming back to fight the bills.ā
The all-ages drag brunch at New Beginnings completely filled the cavernous club with supporters on Sunday. Children danced alongside drag queens at the G-rated show. Singers serenaded the patrons with live music and a āwilderness fairyā read a story to the youth. It was a bittersweet gathering, as it was perhaps the last of its kind to be had for a while.
Mann thanked the audience.
āI really appreciate you seeing us for what we are. Weāre entertainers, weāre here to bring joy, weāre here to bring light. Thatās all it is,ā Mann said. “And Iād like to bring a little light to the stage right now. All the spotlight has been on us and Iād like to put the spotlight on these little baby drag queens we got. Iāve seen some youngunsā and theyāve been dancing with us, honey. I know they want the spotlight.ā
Mann then led a group of parents and children in a dance to the popular kidsā song, āBaby Shark.ā
Covering for @WashBlade New Beginnings in Johnson City, Tennessee defying the state at an all-ages drag brunch. Here is baby shark: pic.twitter.com/Z9iyY7zTO8
ā Michael Patrick Key (@MichaelKeyWB) March 26, 2023
āWe want to talk to you for a minute about whatās going on in our country, specifically our state,ā Sister Lolo of the Little City Sisters told the crowd.
Sister Lolo, a member of newly formed local chapter of the Sisters of Perpetual Indulgence drag order, continued, āThis is the last time under the new law that we as drag entertainers are allowed to interact with some of you. And they say that this law is designed to protect you, but we know thatās not the truth.ā
āNow, weāre going to follow the law, because as good citizens we have to,ā said Sister Lolo. āBut we know the truth and you know the truth. Weāre going to work together to change these laws. Weāre going to stand for the truth. We are not going to be afraid. Because when we are afraid, they win. And when we stand up for ourselves, we stand up for the truth, we will prevail.ā
At the conclusion of the brunch, Trivette announced that more than $3,000 was raised to combat gun violence in schools. He beamed, āthere was a bar in New York that was being hassled by the police department there: They didnāt want to have a gay bar in their district. So they started harassing them. And at some point, a drag queen . . . and leave it to a drag queen . . . picked up a brick and threw it at the police officers. That was the beginning, that was Stonewall in New York and thatās what started gay Pride. And now today ladies and gentlemen . . . and children, we just threw a rock.ā

CLICK HERE to see more photos from the all-ages drag brunch at New Beginnings.
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