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Conn. federal court latest to rule against DOMA

Bush-appointed judge says anti-gay law unconstitutional

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Law gavel, gay news, Washington Blade

(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.

 

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

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The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.

Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.

The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”

Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.

During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.

Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.

Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.

The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.

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