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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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Arizona

Shooting outside gay bar in Ariz. leaves three dead

Tucson police investigating double murder-suicide as a hate crime

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The shooting happened outside Venture-N bar in Tucson, Ariz. (Washington Blade photo by Michael K. Lavers)

Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.

Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.

The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.

Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.

Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.

Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.

“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”

According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.

Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.

“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”

“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”

Other federal lawmakers also condemned the shooting.

The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.

“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”

The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.

“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”

A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.

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Congress

HRC president campaigns for Chris Pappas in NH

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

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Human Rights Campaign President Kelley Robinson, left, campaigns with U.S. Rep. Chris Pappas (D-N.H.) in Manchester, N.H., on Aug. 30, 2026. (Photo courtesy of the Human Rights Campaign)

Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.

Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.

Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.

Karishma Manzur is among the Democrats challenging Pappas.

A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.

The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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National

Milo Yiannopoulos deported to UK

ICE arrested far-right provocateur in New Orleans on Thursday

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Milo Yiannopoulos (Photo via Homeland Security @DHSgov/X account)

Editor’s note: The Department of Homeland Security on Saturday said Milo Yiannopoulos has been deported to the U.K.

U.S. Immigration and Customs Enforcement on Thursday arrested far-right provocateur Milo Yiannopoulos.

A DHS spokesperson in a statement sent to the Washington Blade said ICE arrested Yiannopoulos, who they described as “an illegal alien from the United Kingdom,” at Louis Armstrong New Orleans International Airport.

The DHS spokesperson said Yiannopoulos “legally entered the country” in New York on May 14, 2019.

“He chose to overstay his welcome in violation of our nation’s laws,” said the spokesperson.

The DHS spokesperson said an immigration judge on July 22 “issued a final order of removal” for Yiannopoulos “after failing to show up for his immigration hearing.” The Times-Picayune newspaper in New Orleans on Friday reported Yiannopoulos is being held at an ICE detention center in Alexandria, La., which is about 200 miles northwest of the Crescent City.

“He will remain in ICE custody pending removal,” said the DHS spokesperson.

Yiannopoulos has, among other things, repeatedly targeted transgender people and Muslims.

The American Conservative Union, which organizes the annual Conversative Political Action Conference, in 2017 disinvited Yiannopoulos from speaking at that year’s CPAC after a video in which he appeared to condone sex between adults and underage boys emerged. Yiannopoulos subsequently resigned from Breitbart News, a far-right news website, where he had been a senior editor.

Yiannopoulos later that year married his boyfriend in Hawaii. The far-right provocateur in 2021 claimed he was an “ex-gay.”

The Australian government in 2019 banned Yiannopoulos from entering the country “on character grounds.” Yiannopoulos was also banned from Facebook, Twitter (now X), and other social media platforms.

Milo Yiannopoulos speaks at a “Gays for Trump” event during the 2016 Republican National Convention in Cleveland. (Washington Blade file photo by Michael Key)

The Times-Picayune reported Yiannopoulos “most recently worked for” Ye, formerly known as Kanye West.

The controversial rapper is scheduled to perform in New Orleans on Friday.

Laura Loomer, a far-right conspiracy theorist who is close to President Donald Trump, has called for Yiannopoulos’s deportation. Loomer on Friday wrote on X that she “reported him to ICE and the FBI” after he “called for me to be assassinated.”

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