National
Pelosi vows to drop DOMA defense in Democratic House
Lawmaker says ENDA will be legislative priority
House Minority Leader Nancy Pelosi (Blade photo by Michael Key)
House Minority Leader Nancy Pelosi (D-Calif.) vowed to drop congressional defense of the Defense of Marriage Act in court if Democrats retake control of the House in November.
Pelosi made the remarks Wednesday in an interview with the Washington Blade on Capitol Hill. When asked what could be expected on LGBT issues if Democrats regain control in the 113th Congress, she talked DOMA.
“First of all, we can expect something to go away, like stop spending taxpayer dollars on the Defense of Marriage of Act, which is a waste of money and not the right thing to do,” Pelosi said.
Pelosi had previously criticized House Speaker John Boehner (R-Ohio) for taking on defense of DOMA after the Obama administration announced it would no longer defend the anti-gay law and has called on House Republicans to discontinue that effort, but never before pledged to drop defense of DOMA if Democrats resumed control of the House.
She said she thinks Republicans believe DOMA is unconstitutional because when they controlled the House under the Bush administration, they tried to pass court-stripping provisions denying judicial review for the anti-gay law and others.
“They had to know that there was a weakness constitutionally in that bill, if they would want to put court-stripping provisions in relating to DOMA and the rest,” Pelosi said. “So, we think they know it’s weak constitutionally.”
Pelosi made the pledge to discontinue congressional defense of DOMA just hours after the U.S. District Court of the Southern District struck down the law in the case of Windsor v. United States, which was filed by the American Civil Liberties Union.
U.S. District Judge Barbara Jones, who became the fifth federal judge to rule against DOMA, ordered that plaintiff Edith Windsor be repaid the $353,053 plus interest and costs allowed by law that she paid out in estate taxes because of DOMA upon the death of her spouse, Thea Spyer.
Among other LGBT initiatives on which Pelosi pledged action if Democrats win back the House was the Employment Non-Discrimination Act, which would bar job discrimination against LGBT people in most situations in the public and private workforce.
“We were on path on ENDA, and I’m still on that path mentally, and that’s what I would like to accomplish,” Pelosi said.
Pelosi also mentioned immigration legislation affecting the LGBT community, alluding to the Uniting American Families Act, which would enable gay Americans to sponsor their foreign-born same-sex partners for residency in the United States. She said the bill would “seriously codify immigration policy relating to the [LGBT] community.”
Pelosi was cautious about predicting that Democrats would win the 25 seats necessary to regain control of the House, saying there’s a “50-50” chance, nor would she presume that she would once again be elected speaker in that scenario.
“One thing at a time,” Pelosi said. “Let’s win the House first.”
Pelosi also wouldn’t rule out more progress on LGBT issues under the current makeup of Congress. She said conferees working on the Violence Against Women Act may adopt LGBT-inclusive language because the Democratic-controlled Senate wouldn’t pass a bill without it.
“It’s supposed to go to conference,” Pelosi said. “I don’t think the Senate will pass a bill without those protections, and we certainly won’t support it in the House.”
Pelosi maintained the lack of LGBT language ensuring non-discrimination in shelters and inclusion in grant programs — which is found in the version of the bill passed by the Senate — was among the reasons Democrats voted against the House bill.
“How can you say you don’t approve of violence against women except if you happen to be lesbian or bisexual or transgender?” Pelosi said. “Those are the people who need it the most, you know? And so, but it’s not only the [LGBT] community, it’s also Native Americans and immigrants who are excluded from protections in the House bill.”
Pelosi said Republican lawmakers have confided to her they want to push their caucus to support more inclusive language in the conference report even as many voted for the less inclusive House version of the bill because they didn’t want to seem like they favored violence against women.
“If they’re from places with lots of Native Americans and/or lots of LGBT [people] — there are people who vote with their experience, and their constituents, so I think they will be feeling some pressures to support the Senate bill,” Pelosi said.
Pelosi also commented on the U.S. Ninth Circuit Court of Appeals decision earlier this week not to rehear a case challenging California’s Proposition 8 after a three-judge panel initially struck down the law.
She deferred to others when asked whether the case should move to the Supreme Court, where justices could rule on same-sex marriage bans throughout the country.
“There are better skilled legal minds on this subject,” Pelosi said. “What I want it to do is end up at a place where we really make a difference in people’s lives, and some of the court decisions have deferred to the Supreme Court acting, so that may be what it takes, but again I’m waiting to hear from those who are in the community who are looking at the consequences.”
Pelosi spoke to the Blade after remarks she gave at a reception for Hill staffers called “LGBT Pride on the Hill,” which, in addition to celebrating June as Pride month, honored Pelosi for her 25 years of service on Capitol Hill.
Prior to her remarks, Pelosi was given a rainbow-studded gavel by her deputy director of scheduling, Timothy Merritt, who’s gay. Merritt was appointed to the job in April 2011, but is leaving for Chicago to pursue a job with the Obama campaign.
Additionally, Pelosi commented on Wednesday’s news that one of the daughters of House Democratic Whip Steny Hoyer (D-Md.), Stefany Hoyer Hemmer, has publicly come out as a lesbian in hopes of preserving the marriage equality law in Maryland. Pelosi said she read the Blade article that broke the story.
“I was very happy with her,” Pelosi said. “I know it must have brought her some peace, too. It’s liberating to make a decision. I don’t want to speak for anybody else, but God bless her for her decision, and God bless her for the work that she is setting out to do.”
Pelosi said she hasn’t spoken with Hoyer about her daughter’s decision to come out as a lesbian, but plans to bring it up with him.
Federal Government
Protesters say SAVE Act targets voters, transgender youth
Bill described as ‘Jim Crow 2.0’
Members of Congress, advocates, and people from across the country gathered outside the U.S. Capitol on Tuesday to protest proposed federal legislation that voting rights activists have deemed “Jim Crow 2.0.”
The Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections.
President Donald Trump has also pushed for the proposed legislation to include a section that would ban gender-affirming medical care for transgender minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.
In addition to changing voter registration requirements, the bill would limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not have — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.
A 2021 investigation by the Associated Press found that fewer than 475 people voted illegally or improperly, a tiny fraction of the estimated 160 million Americans who voted in the 2020 election.
Senate Minority Leader Chuck Schumer (D-N.Y.) spoke at the event.
“It will kick millions of American citizens off the rolls. And they don’t even require you to be told,” the highest-ranking Democrat in the Senate told protesters and reporters outside the Capitol. “If this law passes — and it won’t — you’re gonna show up in November … and they’ll say… sorry, you’re no longer on the voting rolls.”
He, like many other speakers, emphasized the bill in the context of American history, pointing to what he described as its racist roots and its impact on Black and brown Americans.
“I have called this act, over and over again, Jim Crow 2.0 … because they know it’s the truth.”
U.S. Sen. Alex Padilla (D-Calif.) was one of the lawmakers leading opposition to the legislation and spoke at the rally.
“It’s not just voting rights that are on the line — our democracy is on the line,” the California lawmaker said. “It’s not a voter I.D. bill. It’s a bait and switch bill.”
He added historical context, noting the significance of voting rights legislation passed more than 60 years ago. In 1965, Alabama civil rights activists marched to protest barriers to voter registration. Alabama state troopers violently attacked peaceful demonstrators at the Edmund Pettus Bridge in Selma, using tear gas, clubs, and whips against more than 500 — mostly Black — protesters.
“61 years ago — not to the day — but this week, President Lyndon Johnson came to the Capitol and addressed a joint session of Congress in the wake of Bloody Sunday and pushed Congress to pass the Voting Rights Act,” Padilla said. “61 years later, Donald Trump and this Republican majority wants to take us backwards. We’re not gonna let that happen.”
U.S. Sen. Ben Ray Luján (D-N.M.) also spoke, emphasizing that he views the effort as a Republican-led and Trump-backed attempt to restrict voting access, particularly among Black, brown, and predominantly Democratic communities.
“President Trump told Republicans when they were meeting behind closed doors that ‘The SAVE Act will guarantee Republicans win the midterms and ensure they do not lose an election for 50 years,’” Luján said. “The first time I think Donald Trump’s been honest … This voter suppression bill is only that. Taking away vote by mail? I hope my Republican colleagues from states that voted for Donald Trump or where vote by mail is popular have the courage and the backbone to stand up and say no to this nonsense, because their constituents are going to push back.”
U.S. Sen. Lisa Blunt Rochester (D-Del.) also spoke.
“Our Republican colleagues have already cut Medicaid, Medicare, people don’t know how they’re gonna be able to afford energy,” she said, providing context for the broader political moment. “We’re in the middle of a war that they can’t even get straight while we’re in it and don’t have a way to get out of it. And we are now faced with defending our democracy?”
She then showed the crowd something that she said has been with her throughout her political journey in Washington.
“I brought with me something that I carried on the day that I was sworn into the House of Representatives when I was elected in 2016, and I carried it with me on the day that I was sworn in as United States senator. And I also carried it with me when I was trapped up in the gallery on Jan. 6 and all I could think to do was pray … This document allowed my great great great grandfather, who had been enslaved in Georgia, to have the right to vote. We took this and turned it into a scarf. It is the returns of qualified voters and reconstruction code from 1867. This is my proof of what we’ve been through. This is also our inspiration.”
“I got to travel between the Edmund Pettus Bridge two times. And even as I thought about this moment, I recognized that while we wish we weren’t in it, while we don’t know why we’re in it, I do know we were made for it … So I came today to tell you that, um, just like the leader said, that he calls it Jim Crow 2.0. I call it Jim Crow 2.NO.”
Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., also spoke, highlighting the impact of the bill’s proposed provisions affecting trans people.
“This bill is not about saving America. This bill is about stealing an election. This bill is about suppressing voters,” Robinson said. “This bill not only tries to disenfranchise voters that deserve their right to vote, it also tries to criminalize trans kids and their families … It tries to criminalize doctors providing medically necessary care for our trans youth.”
The SAVE Act passed the U.S. House of Representatives on Feb. 11 but has not yet been considered in the U.S. Senate.
Idaho
Idaho advances bill to restrict bathroom access for transgender residents
HB 752 passed in state House of Representatives on Monday
The Idaho House of Representatives passed House Bill 752 on Monday, a measure that would make it a crime for a person to use a bathroom other than the one designated for their “biological sex.”
The story was first reported by the Idaho Capitol Sun after the bill cleared the House.
House Bill 752 would make it a criminal offense — either a misdemeanor or a felony, depending on the number of prior offenses — for individuals who “knowingly and willfully” enter a bathroom or changing room designated for the opposite sex.
The bill would apply to public buildings, including government-owned spaces, and places of “public accommodation,” a category that includes private businesses.
According to the bill’s text, it would “prohibit a person from entering a restroom or changing room designated for the opposite sex; provide a penalty; provide exceptions; define terms; and declare an emergency and provide an effective date.”
A first offense would be a misdemeanor, punishable by up to one year in prison. A second or subsequent offense within five years would be a felony, punishable by up to five years in prison.
The bill passed in a 54–15 vote on Monday. Six Republicans broke with their party’s majority to join nine Democrats in opposing the measure.
The bill’s sponsor, state Rep. Cornel Rasor, a Republican from Sagle near the Washington-Idaho border, told House lawmakers that the legislation is intended to protect women and girls.
“It prevents discomfort and voyeurism escalation and assaults, while preserving single-user options and narrow exceptions so no one is denied access for emergency aid,” Rasor said.
State Rep. Chris Mathias, a Democrat from Boise, disagreed, arguing that the legislation would unfairly target transgender Idahoans.
“The truth of the matter is — and I know a lot of people don’t want to say it — but forcing people who don’t look like the sex they were assigned at birth, or transgender folks, to use other people’s bathrooms is going to put a lot of people in danger,” Mathias said.
The Idaho American Civil Liberties Union made a statement about the bill following its passage.
“Idaho lawmakers continue pushing these harmful, invasive bathroom laws, yet cannot present credible evidence that transgender people using gender-aligned bathrooms threaten public safety,” the Idaho ACLU said. “The bill does nothing to address real criminal acts, such as sexual assault or voyeurism, and disregards concerns from law enforcement about the burden enforcement would place on local resources.”
In addition to human rights advocates, who have spoken out against similar bills advancing in state legislatures across the country, Idaho law enforcement groups have also opposed the measure. They argue that the way the legislation is written would “pose significant practical enforcement challenges,” noting that officers are tasked with maintaining public safety — not conducting gender checks or policing bathroom access.
During a committee hearing last week, law enforcement representatives and several trans Idahoans testified that the bill would make many residents less safe.
“Officers responding to a complaint would be placed in the difficult position of determining an individual’s biological sex in order to enforce the statute,” Idaho Fraternal Order of Police President Bryan Lovell wrote. “In many circumstances, there is no clear or reasonable way for officers to make that determination without engaging in questioning or investigative actions that could be viewed as invasive and inappropriate.”
The Idaho Sheriffs’ Association requested that lawmakers amend the bill to require that individuals be given an opportunity to leave a bathroom immediately before facing potential prosecution.
The bill now heads to the Idaho Senate for consideration. To become law, it must pass both chambers and avoid a veto from the governor.
A separate bathroom bill, House Bill 607, which would be enforced through civil lawsuits, passed the House last month but has not yet received a committee hearing in the Senate.
State Department
Report: US to withhold HIV aid to Zambia unless mineral access expanded
New York Times obtained Secretary of State Marco Rubio memo
The State Department is reportedly considering withholding assistance for Zambians with HIV unless the country’s government allows the U.S. to access more of its minerals.
The New York Times on Monday reported Secretary of State Marco Rubio in a memo to State Department’s Bureau of African Affairs staffers wrote the U.S. “will only secure our priorities by demonstrating willingness to publicly take support away from Zambia on a massive scale.” The newspaper said it obtained a copy of the letter.
Zambia is a country in southern Africa that borders Tanzania, Malawi, Mozambique, Zimbabwe, Botswana, Namibia, Angola, and the Democratic Republic of Congo.
The Times notes upwards of 1.3 million Zambians receive daily HIV medications through PEPFAR. The newspaper reported Rubio in his memo said the Trump-Vance administration could “significantly cut assistance” as soon as May.
“Reports of (the) State Department withholding lifesaving HIV treatment in return for mining concessions in Zambia does not make us safer, stronger, or more prosperous,” said U.S. Sen. Jeanne Shaheen (D-N.H.), the ranking member of the Senate Foreign Relations Committee, on Tuesday. “Monetizing innocent people’s lives further undermines U.S. global leadership and is just plain wrong.”
The Washington Blade has reached out to the State Department for comment.
Zambia received breakthrough HIV prevention drug through PEPFAR
Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.
The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia two months later received the first doses of the breakthrough HIV prevention drug.
Kenya and Uganda are among the African countries have signed health agreements with the U.S. since the Trump-Vance administration took office.
The Times notes the countries that signed these agreements pledged to increase health spending. The Blade last month reported LGBTQ rights groups have questioned whether these agreements will lead to further exclusion and government-sanctioned discrimination based on sexual orientation and gender identity.
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