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Plaintiffs optimistic after DOMA arguments

Confidence that appeals court will find anti-gay law unconstitutional

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GLAD's Mary Bonauto (center) poses for a photo with Gill plaintiffs (Blade photo by Chris Johnson)

BOSTON — There was optimism in the air outside the John Joseph Moakley 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  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, 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 — 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 — 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.”

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New York

N.Y. governor’s race presents stark contrast on LGBTQ rights

Democratic Gov. Kathy Hochul expected to face Republican Bruce Blakeman

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Kathy Hochul (Photo courtesy of the then-New York Gov. Andrew Cuomo's office)

As states across the country grapple with a rapidly changing federal landscape under President Donald Trump, governors have increasingly become the first line of defense — or enforcement — on issues ranging from healthcare and education to LGBTQ rights.

Nowhere is that more apparent than in New York, Trump’s home state, where the 2026 gubernatorial race is shaping up as a high-profile battle over the future of LGBTQ protections.

Incumbent Democratic Gov. Kathy Hochul is seeking a second full term as New York’s 57th governor and the state’s first female governor. She enters the race with strong support from LGBTQ advocates and organizations, including an endorsement from the Stonewall Democrats of New York City. Earlier this year, Hochul was also endorsed by progressive leaders like New York City Mayor Zohran Mamdani and U.S. Rep. Alexandria Ocasio-Cortez. She is running alongside New York City Council Speaker Adrienne Adams as her lieutenant governor candidate.

Throughout her tenure, Hochul has signed a series of measures aimed at strengthening protections for LGBTQ New Yorkers, particularly transgender residents.

Among the most notable is New York’s “Trans Safe Haven Act,” which protects out-of-state trans youth, their parents, and medical providers who travel to New York to access legally protected gender-affirming care. Hochul has also signed legislation requiring health insurance plans to cover HIV prevention medications, including PrEP and Post-Exposure Prophylaxis (PEP), without out-of-pocket costs.

Additionally, Hochul signed a Long-Term Care Bill of Rights that prohibits discrimination against LGBTQ seniors and people living with HIV in long-term care facilities.

“As the birthplace of the LGBTQ+ rights movement, New York has long been at the forefront of advancing equality,” Hochul said in a statement during Pride month. “During Pride month, we celebrate New York’s vibrant LGBTQ+ community and acknowledge the importance of protecting the rights and freedoms of LGBTQ+ New Yorkers. This month and every month, we proudly stand with the LGBTQ+ community and remain committed to building a more inclusive and equitable future for all where everyone can live freely with dignity, safety, and respect.”

On the Republican side, Nassau County Executive Bruce Blakeman has emerged as the party’s leading candidate. Blakeman is running with Madison County Sheriff Todd Hood as his lieutenant governor pick.

Blakeman, Nassau County’s 10th county executive, was first elected in 2021 after defeating Democratic incumbent Laura Curran. He previously served as a commissioner of the Port Authority of New York and New Jersey, a Nassau County legislator, and a Hempstead town councilman.

A longtime supporter of Trump, Blakeman appeared alongside the president during a 2024 event honoring slain NYPD Officer Jonathan Diller.

LGBTQ advocates have frequently criticized Blakeman for his positions on trans issues, particularly his opposition to trans women participating in women’s sports.

In February 2024, Blakeman signed an executive order barring women’s sports teams that include trans women from using Nassau County athletic facilities. The policy applies to youth, collegiate, and professional teams. Teams that include trans men were not affected. The order has since been halted by the New York State Appellate Division swiftly issued an injunction halting enforcement while the plaintiffs appeal the decision

Ahead of announcing the order, Blakeman repeatedly referred to trans women as “biological males” and argued they should compete on men’s or co-ed teams. LGBTQ rights groups condemned the policy, saying it discriminates against trans athletes and contributes to the marginalization of trans youth.

Trump endorsed Blakeman’s gubernatorial campaign in December 2025, shortly after U.S. Rep. Elise Stefanik (R-N.Y.) announced she would not seek the Republican nomination. The president made his endorsement via Truth Social that “Bruce is MAGA all the way, and has been with me from the very beginning.”

The Washington Blade contacted Blakeman’s campaign seeking comment on his LGBTQ policy priorities and views on issues including nondiscrimination protections, trans rights, and healthcare access. The campaign did not respond.

The race highlights two sharply different approaches to LGBTQ policy in a state widely regarded as the birthplace of the modern LGBTQ rights movement, home to the 1969 Stonewall uprising that helped launch the contemporary movement for LGBTQ equality.

Despite the ideological contrast, early polling suggests Hochul remains the clear favorite. Most public surveys show the incumbent holding a double-digit advantage over her potential Republican challengers, with some polls placing her lead at roughly 20 percentage points ahead of the November election.

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Illinois

Obama Center opens with tributes to marriage equality, LGBTQ progress

19.3 acre campus honors 44th president’s legacy

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The Obama Presidential Center in Chicago on June 14, 2026. (Washington Blade photo by Michael K. Lavers)

The Barack Obama Presidential Center held media previews on Thursday ahead of its official Juneteenth opening, marking the debut of the first presidential center dedicated to the 44th and only Black U.S. president.

The 19.3-acre campus, located on Chicago’s South Side within historic Jackson Park, features a museum, garden, basketball court, and a new branch of the Chicago Public Library.

Multiple artifacts related to the LGBTQ rights movement appear in the presidential museum’s collection, though none appeared to be on display at the time of publication, according to the center’s website.

Among the objects in the collection are the pen Obama used to sign the repeal of the “Don’t Ask, Don’t Tell” policy that prohibited gay, lesbian, and bisexual individuals from serving openly in the military; a set of Harvey Milk commemorative stamps honoring the first openly gay elected official in San Francisco; and an Out2Enroll rainbow sweat wristband used to connect communities — specifically LGBTQ people and their families, friends, and allies — with health insurance coverage options available under the Affordable Care Act.

The artifacts reflect a broader LGBTQ legacy associated with the Obama presidency.

During the televised opening ceremony, former first lady Michelle Obama thanked her husband for “standing up for marriage equality.”

During his presidency, Obama took a number of actions affecting LGBTQ Americans, including repealing “Don’t Ask, Don’t Tell,” signing the Matthew Shepard Hate Crimes Act, directing the Justice Department to stop defending the Defense of Marriage Act in court, expanding federal benefits and leave to same-sex domestic partners of federal and Foreign Service employees, broadening Affordable Care Act coverage for LGBTQ health issues, including HIV/AIDS prevention and treatment, and signing a 2014 executive order prohibiting federal contractors from discriminating based on sexual orientation or gender identity.

The opening event drew numerous celebrities, including Stevie Wonder, Christina Aguilera, Oprah Winfrey, and Tom Hanks.

It also attracted political figures from both sides of the aisle. One notable exception was President Donald Trump, who was not invited to the ceremony. All other living former presidents were invited and attended.

The Obama Presidential Center will open to the public on June 19, with tickets available on its website.

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Florida

Intersex teacher alleges Fla. school fired him over perceived trans identity

Shepard Scalf filed a complaint with Equal Employment Opportunity Commission

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Intersex flag (Bigstock photo)

An intersex teacher in Florida who was fired is alleging in a new Equal Employment Opportunity Commission filing that he was terminated based on assumptions that he was transgender.

Shepard Scalf in the filing says he was assigned female at birth but identifies as male.

According to Monday’s filing with the EEOC, submitted on Scalf’s behalf by the American Civil Liberties Union, the American Civil Liberties Union of Florida, and the law firm of Chanfrau & Chanfrau P.L., the school district fired Scalf on the basis of his sex and the presumption that he is trans. 

Scalf was hired for the 2025-2026 school year at Patriot Oaks Academy in the St. Johns County School District to teach language arts to 6th- and 7th-graders, after previously working in another Florida school district.

During the hiring process, Scalf submitted paperwork that disclosed he had been assigned female at birth. He was born with an intersex variation with XY chromosomes, and he lives as and presents as a man.

On Aug. 28, 2025, Patriot Oaks Academy Principal Drew Chiodo scheduled an emergency meeting with Scalf. The principal was directed to read a letter from the school district superintendent informing Scalf that he must either submit his resignation or be fired. 

According to the ACLU, Scalf was provided with no legitimate reason for his termination and had not received any prior warnings or disciplinary actions. At the time of his termination, Chiodo told Scalf his work was “exemplary” and that Scalf had “met every expectation.”

“Receiving this ultimatum was confusing and overwhelming. Everything had been going so well — I couldn’t understand why this was happening,” Scalf said. “The start of a school year is always brimming with promise and excitement, and I was looking forward to continuing my teaching career at Patriot Oaks until I was cornered into resigning. It became clear to me that being fired had nothing to do with my qualifications or teaching — it was about who I am.”

According to the filing, Scalf received communications that the termination followed complaints from a parent about his gender identity. However, the filing also claims that his gender identity, sex assigned at birth, and intersex status were never mentioned in his classroom.

In a 2020 ruling, the U.S. Supreme Court in Bostock v. Clayton County found employment discrimination on the basis of actual or perceived sexual orientation or gender identity is a violation of Title VII of the Civil Rights Act of 1964.

The ACLU is claiming that under that ruling, Scalf’s rights under Title VII were violated.

“Six years ago, the Supreme Court held in Bostock v. Clayton County that employers cannot fire someone for being gay or transgender because doing so is discrimination because of sex,” said Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project, in a press release from the ACLU. “The same reasoning protects intersex people, who have long faced discrimination because their bodies and lives do not conform to narrow expectations about what a man or a woman is supposed to be. Mr. Scalf was an exemplary teacher, but despite his performance and qualifications, he was forced out of his job because he did not fit those expectations. As politicians and institutions increasingly seek to police sex and gender, intersex people are too often caught in the crossfire alongside transgender people — but federal civil rights law protects everyone from this kind of discrimination.”

Samantha Past, a staff attorney with the ACLU of Florida, stated in a press release that Florida’s public school system is increasingly hostile towards LGBTQ people.

“At a time when Florida’s public schools are increasingly targeted by disruptive state policies and in the midst of a teacher shortage crisis, St. Johns County School District chose to unlawfully oust a qualified and respected educator. Everyone deserves the opportunity to work and contribute to their community without fear of being targeted because of who they are. Mr. Scalf is no exception,” Past stated.

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