Connect with us

National

House Dems enter fight in Calif. case against DOMA

Pelosi, Nadler lead group of 132 lawmakers

Published

on

Gay News, Washington Blade, Nancy Pelosi

House Minority Leader Nancy Pelosi (Blade photo by Michael Key)

A group of 132 House Democrats — led by House Minority Leader Nancy Pelosi (D-Calif.) and Rep. Jerrold Nadler (D-N.Y.) — filed on Tuesday a friend-of-the-court brief against the Defense of Marriage Act to assist litigation challenging the anti-gay law.

The brief was filed before the U.S. Ninth Circuit Court of Appeals in the case of Golinski v. U.S. Office of Personnel Management. Lambda Legal and Morrison & Foerster filed the suit on behalf of Karen Golinski, a court employee at the U.S. Ninth Circuit of Court of Appeals who’s seeking partner benefits for her spouse, but was denied them because of DOMA.

In addition to Pelosi and Nadler, Democrats who signed the amicus brief against DOMA include all members of Democratic leadership — including House Democratic Whip Steny Hoyer (D-Md.) and Assistant Minority Leader Jim Clyburn (D-S.C.) — as well as Rep. John Conyers (D-Mich), ranking member of the House Judiciary Committee, and all four openly gay members of Congress: Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.).

The Obama administration stopped defending DOMA in court in February 2011. The Bipartisan Legal Advisory Group, or BLAG, a House body convened by Speaker John Boehner (R-Ohio), has since taken up defense of the anti-gay law in the administration’s stead.

The 30-page brief makes the case against Section 3 of DOMA, which prohibits federal recognition of same-sex marriage, in several ways, emphasizing that BLAG doesn’t speak for the entirety of the U.S. House. House Democrats have pledged to file a brief in each case where BLAG acts to defend DOMA.

First, the lawmakers argue DOMA warrants heightened scrutiny because Congress has a history of targeting gay and lesbian Americans with discriminatory laws — a position that is held by the Obama administration.

House Democrats then argue that DOMA is unconstitutional because Congress hastily passed it in 1996 for political reasons and because the law undercuts Congress’ interest in protecting families and respecting state sovereignty.

“Congress did not proceed “cautiously” as BLAG now suggests, … but acted hastily, and in a manner that reflects the reality that, as a historically disfavored minority, gay men and lesbians have often been targeted for harm based on stereotypes, bias, and the unfortunate desire to create partisan wedge issues for political gain,” the brief states.

Shelbi Day, a staff attorney for Lambda Legal, said the brief filed by House Democrats “sends a powerful message” and would boost arguments that DOMA is unconstitutional.

“The brief filed by Democratic leadership of the U.S. House of Representatives, joined by 130 other House Members sends a powerful message and underscores just how problematic and unconstitutional DOMA is,” Day said. “As the brief points out, DOMA is not the rational result of impartial lawmaking but rather was enacted in haste with no legitimate government purpose. We welcome this brief and applaud the members of Congress who have signed it.”

It’s not the first time that House Democrats have filed a friend-of-the-court brief asserting DOMA is unconstitutional. In November, House Democrats filed a similar brief before the U.S. First Circuit Court of Appeals in the consolidated case of Gill v. U.S. Office of Personnel Management and Commonwealth of Massachusetts v. U.S. Department of Health & Human Services.

The appeals court has since issued a decision that the anti-gay law is unconstitutional. Late last month, Boehner appealed the First Circuit decision finding DOMA unconstitutional to the Supreme Court.

The names on this brief are almost identical to the previous brief, although there are some differences. Former Rep. Jay Islee signed the first brief but not the second because he’s since retired from Congress to run for governor of Washington State. Former Rep. Donald Payne of New Jersey signed the first brief, but died on March 6 as he was battling colon cancer.

But a new name on the brief is Rep. Suzanne Bonamici (D-Ore.). The lawmaker, a co-sponsor of the Respect for Marriage Act, wasn’t yet elected to office at the time the first brief was filed. Bonamici won a special election on Jan. 31.

Other parties have filed friend-of-the-court briefs in support of the anti-gay law. Among them is one filed by Senate Republicans, including Senate Minority Leader Mitch McConnell (R-Ky.), Republican attorneys general from 14 states; and another from Republican former U.S. attorneys general Edwin Messe and John Ashcroft.

Oral arguments in the Golinski case are set before the Ninth Circuit for the week of Sept. 10. The Justice Department has asked the Supreme Court to consider the case along with Massachusetts v. HHS, but oral arguments will take place regardless before the Ninth Circuit in September because justices won’t be able to decide whether to hear the case until they return from summer recess in October.

NOTE: The last paragraph of this article has been edited for clarity.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Puerto Rico

Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga

Puerto Rican activist celebrates half time show

Published

on

Bad Bunny performs at the Super Bowl halftime show on Feb. 8, 2026. (Screen capture via NFL/YouTube)

Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.

Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.

“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”

La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.

“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”

Continue Reading

National

Human Rights Watch sharply criticizes US in annual report

Trump-Vance administration ‘working to undermine … very idea of human rights’

Published

on

(Washington Blade photo by Yariel Valdés González)

Human Rights Watch Executive Director Philippe Bolopion on Wednesday sharply criticized the Trump-Vance administration over its foreign policy that includes opposition to LGBTQ rights.

“The U.S. used to actually be a government that was advancing the rights of LGBT people around the world and making sure that it was finding its way into resolutions, into U.N. documents,” he said in response to a question the Washington Blade asked during a press conference at Human Rights Watch’s D.C. offices. “Now we see the opposite movement.”

Human Rights Watch on Wednesday released its annual human rights report that is highly critical of the U.S., among other countries.

“Under relentless pressure from U.S. President Donald Trump, and persistently undermined by China and Russia, the rules-based international order is being crushed, threatening to take with it the architecture human rights defenders have come to rely on to advance norms and protect freedoms,” said Bolopion in its introductory paragraph. “To defy this trend, governments that still value human rights, alongside social movements, civil society, and international institutions, need to form a strategic alliance to push back.”

From left: Human Rights Watch Executive Director Philippe Bolopion and Human Rights Watch Washington Director Sarah Yager at a press conference at Human Rights Watch’s D.C. offices on Feb. 4, 2026. (Photo courtesy of Human Rights Watch)

The report, among other things, specifically notes the U.S. Supreme Court’s Skrmetti decision that uphold a Tennessee law banning gender-affirming medical interventions for minors.

The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the U.N. Human Rights Council. Bolopion in response to the Blade’s question during Wednesday’s press conference noted the U.S. has also voted against LGBTQ-inclusive U.N. resolutions.

Maria Sjödin, executive director of Outright International, a global LGBTQ and intersex advocacy group, in an op-ed the Blade published on Jan. 28 wrote the movement around the world since the Trump-Vance administration took office has lost more than $125 million in funding.

The U.S. Agency for International Development, which funded myriad LGBTQ and intersex organizations around the world, officially shut down on July 1, 2025. The Trump-Vance administration last month announced it will expand the global gag rule, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services, to include organizations that promote “gender ideology.”

“LGBTQ rights are not just a casualty of the Trump foreign policy,” said Human Rights Watch Washington Director Sarah Yager during the press conference. “It is the intent of the Trump foreign policy.”

The report specifically notes Ugandan authorities since the enactment of the country’s Anti-Homosexuality Act in 2023, which punishes “‘carnal knowledge’ between people of the same gender” with up to life in prison, “have perpetrated widespread discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) people, their families, and their supporters.” It also highlights Russian authorities “continued to widely use the ‘gay propaganda’ ban” and prosecuted at least two people in 2025 for their alleged role in “‘involving’ people in the ‘international LGBT movement’” that the country’s Supreme Court has deemed an extremist organization.

The report indicates the Hungarian government “continued its attacks on and scapegoating of lesbian, gay, bisexual, and transgender (LGBT) people” in 2025, specifically noting its efforts to ban Budapest Pride that more than 100,000 people defied. The report also notes new provisions of Indonesia’s penal code that took effect on Jan. 2 “violate the rights of women, religious minorities, and lesbian, gay, bisexual, and transgender (LGBT) people, and undermine the rights to freedom of speech and association.”

“This includes the criminalization of all sex outside of marriage, effectively rendering adult consensual same-sex conduct a crime in Indonesia for the first time in the country’s history,” it states.

Bolopion at Wednesday’s press conference said women, people with disabilities, religious minorities, and other marginalized groups lose rights “when democracy is retreating.”

“It’s actually a really good example of how the global retreat from the U.S. as an actor that used to be very imperfectly — you know, with a lot of double standards — but used to be part of this global effort to advance rights and norms for everyone,” he said. “Now, not only has it retreated, which many people expected, but in fact, is now working against it, is working to undermine the system, is working to undermine, at times, the very idea of human rights.”

“That’s definitely something we are acutely aware of, and that we are pushing back,” he added.

Continue Reading

Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

Published

on

(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

Continue Reading

Popular