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Coakley joins calls for Supreme Court to review DOMA

Mass. att’y gen’l is fourth to ask high court to take up litigation

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Massachusetts Attorney General Martha Coakley is asking the Supreme Court to review DOMA (File photo by Fogster via Wikimedia)

Massachusetts Attorney General Martha Coakley joined on Tuesday the chorus of individuals calling on the Supreme Court to review the Defense of Marriage Act by filing a legal brief asking justices to take up the lawsuit that she filed against the anti-gay law.

The 27-page brief, filed in the consolidated case of Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health & Human Services, comes on the heels of a decision from the U.S. First Circuit Court of Appeals overturning Section of 3 DOMA in response to the litigation.

The brief states Massachusetts agrees with the appellate ruling and “normally would oppose further review in order to ensure that judgment takes effect as soon as possible,” but notes DOMA, which prohibit federal recognition of same-sex marriage, is of national importance and  the high court in any event is likely to take up its review.

“On that assumption, the Commonwealth believes that the Court should conduct that review in the context of a case that presents the full range of constitutional challenges to DOMA, including challenges under the Tenth Amendment and Spending Clause that are best presented by a State,” the brief states. “The Commonwealth accordingly agrees that the Court should grant review in this case and affirm the judgment of the court of appeals.”

Coakley’s brief responds to the appeal that filed House Speaker John Boehner’s (R-Ohio) attorneys filed before the Supreme Court in response to the First Circuit decision. The Bipartisan Legal Advisory Group (BLAG), under the direction of Boehner, took up defense of DOMA following a party-line vote after the Obama administration last year stopped defending the law in court.

BLAG has already presented the question to justices on whether DOMA violates the equal protection clause under the U.S. Constitution, but Coakley presents two new questions: (1) Whether Section 3 of DOMA violates the Tenth Amendment, and (2) Whether Section 3 of DOMA violates the Spending Clause under Article I of the U.S. Constitution.

Coakley, who filed her lawsuit in 2009, has been contending DOMA is unconstitutional because it interferes a state’s right to regulate marriage under the Tenth Amendment. Massachusetts legalized same-sex marriage in 2003.

Additionally, she contends DOMA exceeds Congress’ authority under the Spending Clause because the law impacts joint state-federal programs, such as Medicaid and operation of veterans’ cemeteries.

In a statement accompanying the brief, Coakley emphasizes that DOMA “is a discriminatory and unconstitutional law” because it unfairly impacts married same-sex couples and the Commonwealth of Massachusetts.

“It is our firm conviction that in order to truly achieve marriage equality all couples must enjoy the same rights and protections under both state and federal law,” Coakley said. “If the Supreme Court chooses to examine this case, we will look forward to once again making clear that DOMA and its pervasive discrimination is unconstitutional and should be ended.”

Despite Coakley’s call for the Supreme Court to take up review on DOMA on the basis that it violates state’s rights, the First Circuit rejected her arguments while ruling that DOMA was unconstitutional for other reasons. Judges had ruled the consequences of DOMA on Massachusetts “do not violate the Tenth Amendment or Spending Clause” while acknowledging “Congress’ effort to put a thumb on the scales and influence a state’s decision as to how to shape its own marriage laws does bear on how the justifications are assessed.”

The brief now means four parties — both for and against DOMA — have asked the Supreme Court to review DOMA. Late last month, BLAG filed in appeal in response to the Supreme Court. A week later, the Justice Department, which stopped defending in court last year, also asked the Supreme Court to consider the constitutionality of DOMA by taking up the Massachusetts case and Golinksi v. United States.

The American Civil Liberties Union, on behalf of New York widow Edith Windsor, last week asked the high court to take up the case she filed against DOMA, Windsor v. United States.

All parties involved in the case have 30 days to respond to Coakley’s petition, but response to the filings from BLAG and the Justice Department are due on August 2. The Supreme Court won’t be able to decide whether to hear the case until justices return from summer recess and the start their conference on September 24.

Gay & Lesbian Advocates & Defenders, which filed the Gill case that has been consolidated with the Massachusetts lawsuit, declined to comment on the Coakley filing.

NOTE: This article has been updated to the reflect Coakley’s filing is the fourth petition for the Supreme Court to review DOMA.

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The White House

White House halts World AIDS Day recognition amid HIV funding cuts

The decision arrives as experts caution that progress against HIV is at risk due to severe cuts in global and domestic health programs.

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HIV/AIDS activists chant 'Restore PEPFAR Now' as they block the intersection of 16th and I Street, N.W., near the White House on World AIDS Day. (Washington Blade photo by Michael Key)

For the first time since the global observance began, the U.S. government did not commemorate World AIDS Day on Monday.

World AIDS Day, first marked in 1988, has long served as an annual reminder of the ongoing effort to end an epidemic that has killed more than 44.1 million people worldwide and continues to disproportionately impact LGBTQ people, communities of color, and those in the American South. Yet the Trump-Vance administration declined to acknowledge the day this year, severing a symbolic but consistent tradition upheld by every president since Ronald Reagan.

The move comes despite the scale of the epidemic today. Approximately 1.2 million people in the U.S. are living with HIV, according to federal estimates, and about 13 percent — 158,249 people — do not know their status. Globally, the World Health Organization reports 40.8 million people were living with HIV at the end of 2024.

Presidents of both parties have historically used World AIDS Day to highlight progress, remember lives lost, and recommit to reducing disparities in prevention and treatment. Past administrations have also commemorated the day through displays of the AIDS Memorial Quilt — first created in 1987 and later spread across the National Mall and White House lawn. Today, the quilt includes the names of more than 94,000 people lost to AIDS on more than 47,000 panels.

The AIDS Quilt on the White House lawn in 2024 under President Joe Biden. (Washington Blade photo by Michael Key)

This year’s silence from the White House follows several sweeping foreign aid rollbacks instituted by President Donald Trump after his 2024 inauguration. According to an October report by KFF, the administration enacted a “90-day review of foreign aid; a subsequent ‘stop-work order’ that froze all payments and services for work already underway; the dissolution of USAID, including the reduction of most staff and contractors; and the cancellation of most foreign assistance awards.”

These cuts have created significant funding gaps for nongovernmental organizations around the world — many of which work directly to prevent HIV transmission and expand access to lifesaving treatment.

The State Department dismissed criticism of the administration’s decision not to acknowledge World AIDS Day.

“An awareness day is not a strategy. Under the leadership of President Trump, the State Department is working directly with foreign governments to save lives and increase their responsibility and burden sharing,” deputy spokesperson Tommy Pigott said in a statement CNN first reported. “Earlier this year, we released a global health strategy aimed at streamlining America’s foreign assistance and modernizing our approach to countering infectious diseases.”

The U.S. historically played a central role in the global HIV response. Since 2003, the United States has been the largest financial supporter of HIV/AIDS programs — primarily through President George W. Bush’s PEPFAR initiative, which has invested more than $110 billion into the fight to end the epidemic.

Despite overall declines in transmission, HIV continues to disproportionately affect racial and ethnic minorities, LGBTQ people, and men who have sex with men. More than half of new HIV diagnoses occur in the South.

The Centers for Disease Control and Prevention’s Ending the HIV Epidemic in the U.S. initiative focuses on the 48 counties, Washington, D.C., San Juan, Puerto Rico, and seven rural states that accounted for more than half of all new diagnoses in 2016 and 2017.

Advocates say the administration’s withdrawal from World AIDS Day — combined with its cuts to foreign and domestic health programs — risks reversing hard-won gains.

“Though new HIV infections declined 12% from 2018 to 2022, progress is uneven with Black people accounting for 38% of new diagnoses, Latino people accounting for 32% of new diagnoses and more than half (52%) of new HIV diagnoses were among people living in the South,” Jarred Keller, senior press secretary at the Human Rights Campaign, told the Washington Blade via email. “Cuts to CDC funding have driven HIV prevention resources to historic lows, stripping support from HIV-focused programs.”

Legal and public health experts echoed that concern, saying that there is a possibility to stop HIV/AIDS, but only if efforts are taken gradually over time.

“HIV is a preventable and treatable condition, but only if the research, organization, and effort continue to be a priority to those looking out for the health of Americans and people worldwide,” said Jose Abrigo, HIV Project Director at Lambda Legal.

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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