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NYC latest to call on Supreme Court to overturn DOMA

Brief contends anti-gay law undermines benefits afforded by city

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New York City Mayor Michael Bloomberg is calling on the U.S. Supreme Court to strike down DOMA (Blade file photo by Michael Key)

New York City Mayor Michael Bloomberg and lesbian New York City Council Speaker Christine Quinn have joined the growing choir of individuals calling on the U.S. Supreme Court to overturn the Defense of Marriage Act.

On Wednesday, attorneys representing the City of New York — as well as Bloomberg and Quinn in their official capacities — filed a friend-of-the-court brief asking the justices to take up lesbian Edith Windsor’s challenge to DOMA, known as Windsor v. United States.

Windsor, a New York City widow, had to pay nearly $363,000 in federal estates taxes upon the death of her spouse, Thea Spyer, in 2009 because of Section 3 of DOMA, which prohibits federal recognition of same-sex marriage.

The 14-page brief calls DOMA “the last remaining obstacle to achieving legal equality between the city’s married couples” while making the case to strike down the anti-gay law.

“Solely because of DOMA, Edith Windsor was required to pay more than $363,000 in federal estate tax on her legal spouse’s estate,” the brief states. “If Ms. Windsor’s spouse had been a man, the marital exemption provided by federal law would have applied and she would not have owed any federal estate taxes at all. As a result of DOMA, thousands of legally married same-sex couples in the New York City are being subjected to this type of disparate treatment because their legal marriages are not recognized under federal law.”

The American Civil Liberties Union, which filed the lawsuit on behalf of Windsor, has already filed a request with the Supreme Court calling on justices to take up the lawsuit and overturn DOMA. Windsor has already seen some success. The U.S. District Court for the Southern District of New York already ruled in her favor and ordered that Windsor be refunded the $363,000 in taxes she had paid.

The request from New York City is one of several calling on the Supreme Court to review DOMA. Both supporters and defenders of the law have made requests to the Supreme Court, including the House Republican-led Bipartisan Legal Advisory Group, which took up legal defense of DOMA after the Obama administration announced it would no longer defend it, and the Justice Department, which has since been actively litigation against DOMA. Massachusetts Attorney General Martha Coakley has also asked the Supreme Court to review and strike down DOMA on the basis that it violates a state’s right to regulate marriage under the Tenth Amendment as has Lambda Legal in the case of Golinski v. Office of Personnel Management.

The brief presents the same question to the Supreme Court that has already been asked in earlier briefs asking justices to consider the anti-gay law: Does Section 3 of DOMA violate the Fifth Amendment’s guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under state law?

But the brief goes into different territory than previous requests because it explains why DOMA has a particularly adverse impact on New York City. The State of New York, under the leadership of Gov. Andrew Cuomo (D), passed marriage equality legislation last year and had recently celebrated the one-year anniversary of enacting that law.

The brief lays out two main arguments why DOMA unfairly impacts New York City: (1) DOMA forces it to be “the unwilling agent” of federally required separate treatment of lawfully married employees and (2) the disparate treatment of legally married couples under DOMA undermines the city’s non-discrimination laws.

According to the brief, one way in which DOMA complicates the policy administration in New York City is related to the health benefits, retirement plans and family leave offered to city employees and their spouses.

“As an employer, the city must identify the gender of the spouses of its lawfully married employees and then single out those employees with a same-sex spouse,” the brief states. “DOMA enforces discriminatory tax treatment of spousal health care benefits. In many other benefit-related matters, the city must either incur the cost and administrative burden of ‘workarounds’ (employer-created benefit structures attempting to compensate for the discriminatory effects of DOMA), or discriminate in its treatment of its married workforce.”

Rose Saxe, senior staff attorney for the ACLU’s LGBT & AIDS Project, praised New York City officials for joining the call for the Supreme Court to review Windsor’s challenge to DOMA.

“We are very pleased that the City of New York has joined our request to have the Supreme Court consider Edie Windsor’s case, particularly in light of the harm that DOMA causes so many married New Yorkers,” she said.

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.

CORRECTION: An initial version of this article stated that the New York City brief was the fifth petition asking the Supreme Court to review DOMA. That count didn’t take into account a petition filed by Lambda Legal. The initial also inaccurately stated the brief was filed Thursday. The Blade regrets the errors.

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U.S. Federal Courts

Judge temporarily blocks executive orders targeting LGBTQ, HIV groups

Lambda Legal filed the lawsuit in federal court

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President Donald Trump (Washington Blade photo by Michael Key)

A federal judge on Monday blocked the enforcement of three of President Donald Trump’s executive orders that would have threatened to defund nonprofit organizations providing health care and services for LGBTQ people and those living with HIV.

The preliminary injunction was awarded by Judge Jon Tigar of the U.S. District Court for the Northern District of California in a case, San Francisco AIDS Foundation v. Trump, filed by Lambda Legal and eight other organizations.

Implementation of the executive orders — two aimed at diversity, equity, and inclusion along with one targeting the transgender community — will be halted pending the outcome of the litigation challenging them.

“This is a critical win — not only for the nine organizations we represent, but for LGBTQ communities and people living with HIV across the country,” said Jose Abrigo, Lambda Legal’s HIV Project director and senior counsel on the case. 

“The court blocked anti-equity and anti-LGBTQ executive orders that seek to erase transgender people from public life, dismantle DEI efforts, and silence nonprofits delivering life-saving services,” Abrigo said. “Today’s ruling acknowledges the immense harm these policies inflict on these organizations and the people they serve and stops Trump’s orders in their tracks.”

Tigar wrote, in his 52-page decision, “While the Executive requires some degree of freedom to implement its political agenda, it is still bound by the constitution.”

“And even in the context of federal subsidies, it cannot weaponize Congressionally appropriated funds to single out protected communities for disfavored treatment or suppress ideas that it does not like or has deemed dangerous,” he said.

Without the preliminary injunction, the judge wrote, “Plaintiffs face the imminent loss of federal funding critical to their ability to provide lifesaving healthcare and support services to marginalized LGBTQ populations,” a loss that “not only threatens the survival of critical programs but also forces plaintiffs to choose between their constitutional rights and their continued existence.”

The organizations in the lawsuit are located in California (San Francisco AIDS Foundation, Los Angeles LGBT Center, GLBT Historical Society, and San Francisco Community Health Center), Arizona (Prisma Community Care), New York (The NYC LGBT Community Center), Pennsylvania (Bradbury-Sullivan Community Center), Maryland (Baltimore Safe Haven), and Wisconsin (FORGE).

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Activists rally for Andry Hernández Romero in front of Supreme Court

Gay asylum seeker ‘forcibly deported’ to El Salvador, described as political prisoner

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Immigrant Defenders Law Center President Lindsay Toczylowski, on right, speaks in support of her client, Andry Hernández Romero, in front of the U.S. Supreme Court on June 6, 2025. (Washington Blade photo by Michael K. Lavers)

More than 200 people gathered in front of the U.S. Supreme Court on Friday and demanded the Trump-Vance administration return to the U.S. a gay Venezuelan asylum seeker who it “forcibly disappeared” to El Salvador.

Lindsay Toczylowski, president of the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Andry Hernández Romero, is among those who spoke alongside U.S. Rep. Mark Takano (D-Calif.) and Human Rights Campaign Campaigns and Communications Vice President Jonathan Lovitz. Sarah Longwell of the Bulwark, Pod Save America’s Jon Lovett, and Tim Miller are among those who also participated in the rally.

“Andry is a son, a brother. He’s an actor, a makeup artist,” said Toczylowski. “He is a gay man who fled Venezuela because it was not safe for him to live there as his authentic self.”

(Video by Michael K. Lavers)

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The Trump-Vance administration subsequently “forcibly removed” Hernández and hundreds of other Venezuelans to El Salvador.

Toczylowski said she believes Hernández remains at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. Toczylowski also disputed claims that Hernández is a Tren de Aragua member.

“Andry fled persecution in Venezuela and came to the U.S. to seek protection. He has no criminal history. He is not a member of the Tren de Aragua gang. Yet because of his crown tattoos, we believe at this moment that he sits in a torture prison, a gulag, in El Salvador,” said Toczylowski. “I say we believe because we have not had any proof of life for him since the day he was put on a U.S. government-funded plane and forcibly disappeared to El Salvador.”

“Andry is not alone,” she added.

Takano noted the federal government sent his parents, grandparents, and other Japanese Americans to internment camps during World War II under the Alien Enemies Act. The gay California Democrat also described Hernández as “a political prisoner, denied basic rights under a law that should have stayed in the past.”

“He is not a case number,” said Takano. “He is a person.”

Hernández had been pursuing his asylum case while at the Otay Mesa Detention Center in San Diego.

A hearing had been scheduled to take place on May 30, but an immigration judge the day before dismissed his case. Immigrant Defenders Law Center has said it will appeal the decision to the Board of Immigration Appeals, which the Justice Department oversees.

“We will not stop fighting for Andry, and I know neither will you,” said Toczylowski.

Friday’s rally took place hours after Attorney General Pam Bondi said Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador, had returned to the U.S. Abrego will face federal human trafficking charges in Tennessee.

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A husband’s story: Michael Carroll reflects on life with Edmund White

Iconic author died this week; ‘no sunnier human in the world’

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Michael Carroll spoke to the Blade after the death his husband Edmund White this week. (Photo by Michael Carroll)

Unlike most gay men of my generation, I’ve only been to Fire Island twice. Even so, the memory of my first visit has never left me. The scenery was lovely, and the boys were sublime — but what stood out wasn’t the beach or the parties. It was a quiet afternoon spent sipping gin and tonics in a mid-century modern cottage tucked away from the sand and sun.

Despite Fire Island’s reputation for hedonism, our meeting was more accident than escapade. Michael Carroll — a Facebook friend I’d chatted with but never met — mentioned that he and his husband, Ed, would be there that weekend, too. We agreed to meet for a drink. On a whim, I checked his profile and froze. Ed was author Edmund White.

I packed a signed copy of Carroll’s “Little Reef” and a dog-eared hardback of “A Boy’s Own Story,” its spine nearly broken from rereads. I was excited to meet both men and talk about writing, even briefly.

Yesterday, I woke to the news that Ed had passed away. Ironically, my first thought was of Michael.

This week, tributes to Edmund White are everywhere — rightly celebrating his towering legacy as a novelist, essayist, and cultural icon. I’ve read all of his books, and I could never do justice to the scope of a career that defined and chronicled queer life for more than half a century. I’ll leave that to better-prepared journalists.

But in those many memorials, I’ve noticed something missing. When Michael Carroll is mentioned, it’s usually just a passing reference: “White’s partner of thirty years, twenty-five years his junior.” And yet, in the brief time I spent with this couple on Fire Island, it was clear to me that Michael was more than a footnote — he was Ed’s anchor, editor, companion, and champion. He was the one who knew his husband best.

They met in 1995 after Michael wrote Ed a fan letter to tell him he was coming to Paris. “He’d lost the great love of his life a year before,” Michael told me. “In one way, I filled a space. Understand, I worshiped this man and still do.”

When I asked whether there was a version of Ed only he knew, Michael answered without hesitation: “No sunnier human in the world, obvious to us and to people who’ve only just or never met him. No dark side. Psychology had helped erase that, I think, or buffed it smooth.”

Despite the age difference and divergent career arcs, their relationship was intellectually and emotionally symbiotic. “He made me want to be elegant and brainy; I didn’t quite reach that, so it led me to a slightly pastel minimalism,” Michael said. “He made me question my received ideas. He set me free to have sex with whoever I wanted. He vouchsafed my moods when they didn’t wobble off axis. Ultimately, I encouraged him to write more minimalistically, keep up the emotional complexity, and sleep with anyone he wanted to — partly because I wanted to do that too.”

Fully open, it was a committed relationship that defied conventional categories. Ed once described it as “probably like an 18th-century marriage in France.” Michael elaborated: “It means marriage with strong emotion — or at least a tolerance for one another — but no sex; sex with others. I think.”

That freedom, though, was always anchored in deep devotion and care — and a mutual understanding that went far beyond art, philosophy, or sex. “He believed in freedom and desire,” Michael said, “and the two’s relationship.”

When I asked what all the essays and articles hadn’t yet captured, Michael paused. “Maybe that his writing was tightly knotted, but that his true personality was vulnerable, and that he had the defense mechanisms of cheer and optimism to conceal that vulnerability. But it was in his eyes.”

The moment that captured who Ed was to him came at the end. “When he was dying, his second-to-last sentence (garbled then repeated) was, ‘Don’t forget to pay Merci,’ the cleaning lady coming the next day. We had had a rough day, and I was popping off like a coach or dad about getting angry at his weakness and pushing through it. He took it almost like a pack mule.” 

Edmund White’s work shaped generations — it gave us language for desire, shame, wit, and liberation. But what lingers just as powerfully is the extraordinary life Ed lived with a man who saw him not only as a literary giant but as a real person: sunny, complex, vulnerable, generous.

In the end, Ed’s final words to his husband weren’t about his books or his legacy. They were about care, decency, and love. “You’re good,” he told Michael—a benediction, a farewell, maybe even a thank-you.

And now, as the world celebrates the prolific writer and cultural icon Edmund White, it feels just as important to remember the man and the person who knew him best. Not just the story but the characters who stayed to see it through to the end.

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