National
Conn. federal court latest to rule against DOMA
Bush-appointed judge says anti-gay law unconstitutional
(Photo via Wikimedia)
A Connecticut federal court has added yet another ruling striking down the Defense of Marriage Act and determined the law is unconstitutional on the basis of two standards of review.
On Tuesday, U.S. District Judge Vanessa Bryant of the U.S. District Court of Connecticut granted summary judgment in the case of Pedersen et al v. Office of Personnel Management and ruled against DOMA, which prohibits federal recognition of same-sex marriage, on the basis that it violates equal protection under the Fifth Amendment of the U.S. Constitution.
Among the reasons why Bryant, who was appointed in 2007 by former President George W. Bush, determined that DOMA is unconstitutional is the negative effect that it has on children reared by married same-sex couples.
“For example, Section 3 of DOMA deprives members of same-sex marriages of the right, under the FMLA, to take leave to care for a spouse with a serious health condition,” Bryant writes. “Children of same-sex families would undoubtedly suffer from their parents’ inability to rely on this federal marital benefit, as their household would be put under greater stress in attempting to cope with the serious illness of a parent.”
The lawsuit was filed by the New England-based Gay & Lesbian Advocates & Defenders. Co-counsel on Pedersen are Jenner & Block LLP in D.C., Horton, Shields & Knox in Hartford, Conn., and Sullivan & Worcester LLP in Boston.
The 104-page ruling first lays out reasons why DOMA fails first on the heightened scrutiny standard of review, but also under the lower standard of rational basis review. Only in the case of Golinksi v. United States has a court before determined that DOMA is unconstitutional on both of these standards of review.
Doug NeJaime, who’s gay and a professor at Loyola Law School, said the application of both standards of review in the case is noteworthy, and added that Bryant isn’t the first judge to strike down DOMA in this manner.
“The striking thing is that the judge has applied the heightened scrutiny standard and determined that sexual orientation should get heightened scrutiny and does an analysis on why DOMA fails rational basis anyway,” NeJaime said.
The plaintiffs in the case are five couples and a widower from Connecticut, Vermont and New Hampshire who have been denied the federal benefits, including benefits afforded to the spouses of federal employees. The lead plaintiff is Joanne Pedersen, who retired from a civilian position within the Department of the Navy after 30 years and is seeking health benefits for her spouse, Ann Meitzen.
Pedersen said she’s “thrilled” the court ruled her marriage should be respected by the federal government just as it is in her home state of Connecticut, which legalized same-sex marriage in 2008.
“I loved working for the Navy for many years, and now that I am retired I now just want to care for my wife and make sure we can enjoy some happy and healthy years together,” Pedersen said. “DOMA has prevented us from doing that.”
Mary Bonauto, GLAD’s civil rights project director, said in a conference call with reporters that the ruling makes convincing arguments against DOMA on both heightened scrutiny and rational basis standards of review.
“Judge Bryant’s ruling is very clear: married people are married and should be treated as such by the federal government. There is no legitimate basis for DOMA’s broad disrespect of the marriages of same-sex couples,” Bonauto said in a statement. “We are very pleased that the court recognized that DOMA’s creation of second-class marriages harms our clients who simply seek the same opportunities to care and provide for each other and for their children that other families enjoy.”
Additionally, Bonauto said she expects the Bipartisan Legal Advisory Group to appeal the case to the U.S. Second Circuit Court of Appeals, which must happen within 60 days. BLAG, under the direction of U.S. House Speaker John Boehner (R-Ohio) and other Republicans, took up defense of DOMA after the Obama administration stopped defending DOMA in court last year.
A spokesperson for Boehner’s office didn’t immediately respond to a request for comment on the Connecticut court ruling against DOMA.
Several courts at various levels have made rulings against DOMA. The tally now stands at five district courts, one appeals court and one bankruptcy court. A number of parties both for and against DOMA have asked the Supreme Court to consider the constitutionality of DOMA, although no such request has been made in the Pedersen case.
The Pedersen case could be joined on appeal to the Second Circuit with Windsor v. United States, in which a New York federal district court ruled that DOMA is unconstitutional, because both cases have been filed in the Second Circuit. Windsor is among the cases through which both plaintiffs — and supporters of DOMA repeal like New York City Michael Bloomberg and New York City Speaker Christine Quinn — have asked the Supreme Court to overturn DOMA.
The decision comes on the same day the proponents of California’s Proposition 8 appealed a U.S. Ninth Circuit Court panel’s decision overturning the amendment to the U.S. Supreme Court. It’s possible that the high court could weigh the constitutionality of California’s gay ban at the same time it determines the constitutionality of DOMA.
New York
N.Y. lawmaker vows ‘Pride flag will fly again’ at Stonewall Monument
After a Jan. 21 policy shift, Pride flags were banned at national parks, prompting backlash from Bottcher and LGBTQ advocates.
Hours after news broke that the National Park Service would no longer allow Pride flags to fly at the Stonewall National Monument — the birthplace of the modern LGBTQ rights movement in the United States — the Washington Blade spoke with New York State Sen. Erik Bottcher, who represents the area surrounding the Stonewall Inn and the national monument.
During the interview, Bottcher, who is gay, spoke about the policy change and outlined steps he plans to take in the coming days to push for its reversal.
“This is another act of erasure,” Bottcher told the Blade. “It’s a cowardly attempt to rewrite history and to intimidate our community. This is Stonewall — it’s where we fought back, where we ignited a global movement for equality — and we refuse to go back. We’re not going to accept these acts of erasure.”
The Stonewall Inn became a flashpoint in 1969 after NYPD officers raided the bar, part of a longstanding pattern of police harassment of LGBTQ spaces. The raid sparked days of protest and resistance along Christopher Street, now widely recognized as the catalyst for the modern LGBTQ rights movement.
While the events are often referred to as the “Stonewall Riots,” many activists and historians prefer the term “Stonewall Uprising,” emphasizing that the resistance was a response to systemic oppression rather than senseless violence. LGBTQ patrons and community members fought back — shouting “Gay Power!” and “Liberate Christopher Street!” — as crowds grew and frustration with police abuse boiled over.
Since the uprising, LGBTQ people and allies have gathered annually in June to commemorate Stonewall and to celebrate Pride, honoring the movement that placed LGBTQ voices at the center of the fight for equality.
In June 2016, then President Barack Obama officially designated the space as the Stonewall National Monument, making it the United States’s first national monument designated for an LGBTQ historic site.
Now, nearly 10 years later, President Trump’s appointed NPS acting director Jessica Bowron changed policy on Jan. 21 regarding which flags are allowed to be flown in national parks. Many, including Bottcher, say this is part of a larger targeted and deliberate attempt by the administration to erase LGBTQ history.
“It’s clear they’re making a conscious decision to erase the symbols of our community from a monument to our community’s struggle,” he said. “This is a calculated and premeditated decision, and it could be — and should be — reversed.”
“Let’s be clear,” Bottcher added, “they wish we didn’t exist … But we’re not going anywhere. We refuse to go back into the shadows.”
When asked why it is critical to challenge the policy, Bottcher emphasized the importance of visibility in preserving LGBTQ history.
“This is why it’s so important that we not let this stand,” he said. “Visibility is critical. When people see us, learn about us, and get to know us, that’s how we break down prejudice and stereotypes. We cannot allow them to push us back into the shadows.”
Other LGBTQ leaders and elected officials were quick to condemn the removal of the Pride flag, which had flown since the site’s official designation as a national monument.
New York City Mayor Zohran Mamdani called the decision “outrageous.”
“I am outraged by the removal of the Rainbow Pride Flag from Stonewall National Monument,” Mamdani said in a statement. “New York is the birthplace of the modern LGBTQ+ rights movement, and no act of erasure will ever change or silence that history.”
“Our city has a duty not just to honor this legacy, but to live up to it,” he added. “I will always fight for a New York City that invests in our LGBTQ+ community, defends their dignity, and protects every one of our neighbors — without exception.”
Senate Minority Leader Chuck Schumer also condemned the move.
“The removal of the Pride Rainbow Flag from the Stonewall National Monument is a deeply outrageous action that must be reversed immediately,” Schumer said in a statement to The Advocate. “Stonewall is a landmark because it is the birthplace of the modern LGBTQ rights movement, and symbols of that legacy belong there by both history and principle.”
Cathy Renna, communications director for the National LGBTQ Task Force, said the flag’s removal will not erase the movement it represents.
“They can take down a flag, but they can’t take down our history,” Renna said. “Stonewall is sacred ground rooted in resistance, liberation, and the legacy of trans and queer trailblazers who changed the course of history.”
Human Rights Campaign National Press Secretary Brandon Wolf echoed that sentiment.
“Bad news for the Trump administration: these colors don’t run,” Wolf said. “The Stonewall Inn and Visitors Center are privately owned, their flags are still flying high, and that community is just as queer today as it was yesterday.”
Tyler Hack, executive director of the Christopher Street Project, said the removal was aimed squarely at LGBTQ visibility.
“The Pride flag was removed from Stonewall for one reason: to further erase queer and trans people from public life,” Hack said. “Stonewall marks the moment when queer and trans people fought back and demanded dignity. Our history is not theirs to erase.”
Bottcher closed with a promise to his constituents — and to the broader LGBTQ community — that the Pride flag’s removal would not be permanent.
“We will not be erased. We will not be silenced,” he said. “And the Pride flag will fly again at the birthplace of our movement.”
Florida
Disney’s Gay Days ‘has not been canceled’ despite political challenges
GayDays is moving forward with its planned LGBTQ meet-up
Gay Days in Orlando is preparing for its 2026 gathering though organizers have yet to release full details.
Concerns emerged about the status of the annual meetup of LGBTQ people at Walt Disney World in Orlando, Fla., after social media posts and multiple news outlets reported the event would not take place this year.
In response to inquiries from the Blade, Josh Duke, co-owner of Gay Days, clarified that an update would come this week.
“At this time, I’d like to clarify that Gay Days Orlando has not been canceled,” an email to the Blade said. “We are currently finalizing details regarding our plans for 2026 and will be making an official announcement later this week.”
Earlier this week, Gay Days posted about a pause in their plans for the annual meeting, which quickly gained traction online.
In an official statement on social media, Gay Days organizers cited several factors behind what had initially appeared to be a cancellation of their 2026 event.
“Changes to our host hotel agreement, the loss of key sponsorship support, and broader challenges currently impacting LGBTQIA+ events nationwide made it impossible to deliver the experience our community deserves,” organizers wrote. However, the statement added, “This is a pause — not an ending.”
In a longer message shared with supporters, organizers elaborated on that now-reversed decision.
“Gay Days Family — it is with very heavy hearts that we share Gay Days 2026 will not take place this year. This was an incredibly difficult decision and one that was only made after every possible option was explored.
“Gay Days has always been more than an event — it is community, family, and a place where so many memories are made. While this pause is painful, it also gives us the opportunity to step back, listen, and begin shaping a stronger and reimagined GayDays for the future. Thank you for your continued love, patience, and support. This is not goodbye — it’s a reset, and we look forward to creating the future of GayDays together.”
GayDays, which began in 1991, encourages queer Disney fans to visit the Orlando theme park while wearing red shirts to identify one another. Originally focused on gay men reclaiming the childhood joy often denied due to homophobia, the event has expanded over the years to include LGBTQ+ families on summer vacations and queer couples honeymooning in the Magic Kingdom.
Disney made history in 2019 by holding its first-ever official Pride event at its European park, Disneyland Paris. In 2023, Disneyland California hosted the first U.S. official Pride event.
Concerns about the potential cancellation had arisen amid broader challenges affecting LGBTQ events nationwide. These include changes in hotel agreements, sponsorship support, and Florida’s increasingly restrictive anti-LGBTQ policies under Gov. Ron DeSantis. Florida currently has an equality score of -3.00 out of 49 from the Movement Advancement Project, which evaluates states based on policies affecting relationship and parental recognition, nondiscrimination, religious exemptions, LGBTQ youth, healthcare, criminal justice, and transgender identity documentation.
Recent legislation in Florida has included prohibitions on hormone replacement therapy for transgender minors, restrictions on adult access to treatment, bans on drag performances for those under 18, bathroom bans for transgender people in state buildings, and expansion of the Parental Rights in Education Act, commonly called the “Don’t Say Gay” law. These measures limit public school instruction or discussion about sexual orientation and gender identity.
Gay Days Anaheim is scheduled to take place at Disneyland Resort in September.
Disney has also maintained a focus on Pride, reporting in 2022 that proceeds from Pride merchandise benefited numerous LGBTQ organizations, including GLSEN, PFLAG, The Trevor Project, Zebra Coalition, the Los Angeles LGBT Center, the LGBT Center Orange County, the San Francisco LGBT Center, and the Ali Forney Center. Pride merchandise sold internationally supports local LGBTQ organizations in those regions.
More details about this event are expected to be released on Friday.
New York
Pride flag removed from Stonewall Monument as Trump targets LGBTQ landmarks
The new NPS policy targets Pride flags amid consistent efforts from the Trump administration to minimize LGBTQ history.
A rainbow Pride flag flying at the Stonewall National Monument in New York was removed at the direction of Trump administration officials at the National Park Service, according to a source familiar with the matter who spoke to the Blade on condition of anonymity.
The source said the move had been in the works for weeks and is part of ongoing efforts by the Trump-Vance administration to erase LGBTQ identity from federally controlled landmarks.
In response to the Blade’s request for information about the new flag policy, the National Park Service provided the following statement:
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points. The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose. These include historical context or reenactments, current military branch flags, flags of federally recognized tribal nations affiliated with a park, flags at sites co-managed with other federal, state, or municipal partners, flags required for international park designations, and flags displayed under agreements with U.S. Citizenship and Immigration Services for Naturalization ceremonies.”
The statement also included official guidance on the display of non-agency flags issued by Trump-appointed National Park Service Director Jessica Bowron.
The Blade reached out to other organizations to confirm the status of the Pride flag last week, including the Stonewall National Monument Visitor Center, the NYC Landmarks Preservation Commission, and the National Parks Conservation Association. None were able to provide details about whether the flag was still flying at that time but it has since been removed.
This action aligns with other moves targeting and erasing LGBTQ history. In September, the Blade reported that three organizations originally slated to receive more than $1.25 million from the National Park Service’s Underrepresented Communities Grant Program would no longer receive funding: In Washington, D.C., the Preservation League had been awarded $75,000 to document LGBTQ+ historic resources. In Providence, R.I., the Preservation Society was slated for $74,692 to conduct an LGBTQ+ survey and prepare a National Register nomination. And in New York, the Fund for the City of New York, Inc., had been awarded $32,000 to nominate the residence of Bayard Rustin — the iconic civil rights and LGBTQ activist — as a National Historic Landmark.
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