National
Plaintiffs seek to expedite gay troops’ case against DOMA
Attorneys want earlier deadline, narrower focus

SLDN advocates rally in favor of 'Don't Ask' repeal late in 2010 prior to the vote. (Blade file photo by Michael Key)
Attorneys representing gay troops in a lawsuit contesting the constitutionality of the Defense of Marriage Act are asking the court to impose an earlier deadline for House Republicans to intervene in the case.
In a motion dated April 11, plaintiffs ask the U.S. District Court of Massachusetts to shorten the deadline to April 20 for the Bipartisan Legal Advisory Group to respond to the case. As it stands, the current deadline for House Republicans to intervene is April 28.
“To help expedite the case and narrow the issues for trial, plaintiffs ask that the court set an April 20, 2012 deadline for potential intervenors to seek intervention in this case,” the motion states.
The lawsuit, McLaughlin v. United States, was filed by the Servicemembers Legal Defense Network before the U.S. District Court of Massachusetts in October on behalf of gay troops seeking benefits for their spouses. Chadbourne & Parke LLP is serving as pro-bono counsel in the case.
Plaintiffs say they are seeking an earlier deadline in the case because they want to resolve issues of intervention before a decision is reached in the DOMA cases pending before the First Circuit Court of Appeals. Oral arguments took place in those cases April 4.
“The plaintiffs hope that this case will move quickly once the First Circuit rules in those cases,” the motion states. “Accordingly, plaintiffs would like the court to set an earlier deadline for any third-parties to intervene, so that any issues concerning whether intervention should be permitted can be addressed and decided prior to the First Circuit’s decision in Massachusetts and Gill.”
David McKean, SLDN’s legal director, said the filing was made to speed up the process.
“This filing today was made in order to help expedite the case and resolve issues surrounding BLAG’s intervention sooner rather than later,” McKean said.
Attorneys representing BLAG didn’t immediately respond to a request for comment on the request to shorten the deadline.
The Obama administration last year stopped defending DOMA in court, but the House, under the direction of Speaker John Boehner (R-Ohio) took up defense of the law after BLAG voted on a 3-2 party line basis to defend the statute in the administration’s stead. Boehner’s attorneys are expected to intervene in the McLaughlin case as they’ve done with other cases.
Christopher Man, counsel at Chadbourne & Parke LLC, told the Blade on March 10 BLAG was likely to intervene soon in the lawsuit, but that intervention has yet to take place. According to the motion, attorneys for BLAG advised plaintiffs on March 7 that intervention would take place in the “next day or so.”
In a letter dated Feb. 17, U.S. Attorney General Eric Holder notified Congress the administration won’t defend other statutes barring spousal benefits from flowing to gay troops, such as Title 38, in addition to DOMA. The letter created the opportunity for Boehner’s attorney to respond to the case.
The parties involved in the case previously agreed to move the deadline from intervention from Feb. 28 to April 28. But that agreement was made before oral arguments took place in the two DOMA cases before the First Circuit Court of Appeals.
The McLaughlin case isn’t the only pending litigation against DOMA in which the plaintiffs are gay troops seeking spousal benefits. On Feb. 1, the Southern Poverty Law Center filed a lawsuit in a California federal court on behalf of Tracey Cooper-Harris, a lesbian veteran seeking benefits for her spouse. Boehner’s attorneys intervened last month against plaintiffs in the case.
National
Advocacy groups issue US travel advisory ahead of World Cup
Renee Good’s death in Minneapolis among incidents cited
More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.
The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.
“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23. “The impacts of these policies vary by locality.”
“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”
The advisory specifically mentions Renee Good.
A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.
The full advisory can be read here.
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.
A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.
“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”
Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.
Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.
The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.
The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.
It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”
LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.
A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.
Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.
David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”
This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.
The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.
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