National

Gay group calls on Supreme Court to strike down DOMA

GLAD brief says ‘reasons are strong’ for review

Published

14 years ago

August 3, 2012

Chris Johnson

GLAD’s Mary Bonauto (center) poses for a photo with Gill plaintiffs (Blade file photo by Chris Johnson)

The New England-based LGBT group responsible for the most successful lawsuit to date targeting the Defense of Marriage Act on Thursday filed a formal request asking the U.S. Supreme Court to strike down the anti-gay law.

The filing from Gay & Lesbian Advocates & Defenders responds to petitions from the House Republican-led Bipartisan Legal Advisory Group and the U.S. Justice Department calling on the Supreme Court to take up the lawsuit — the consolidated case of Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health & Human Services.

In a historic decision on May 31, the U.S. First Circuit Court of Appeals overturned Section 3 of DOMA, which prohibits federal recognition of same-sex marriage, as a result of this litigation.

BLAG, which is defending DOMA under the direction of House Speaker John Boehner, had filed a request with the Supreme Court in June asking justices to overturn the ruling and uphold the constitutionality of the anti-gay law.

In the 39-page brief filed Thursday, GLAD’s lawyers say they agree that “the arguments for a grant of review in this case are strong.” The plaintiffs also present the same question for the Supreme Court to answer as other petitions: does Section 3 of DOMA violate the equal protection guarantee of the Fifth Amendment to the U.S. Constitution for legally married same-sex couples?

But GLAD and BLAG have wildly different conclusions on what the Supreme Court should determine with regard to this question. In its filing, GLAD says the court shouldn’t “be persuaded by the distorted analysis” put forward by BLAG, and, instead, affirm the First Circuit’s ruling.

“The Court should not be swayed by the arguments on the merits that BLAG chose to present in its petition,” GLAD writes, “[A]s multiple courts have recently recognized, there are compelling arguments that Congress violated the equal protection guarantee when it decided for the first time to deny all recognition to a single class of state-sanctioned marriages.”

GLAD notes BLAG devotes much of its petition to contending the First Circuit was “inventing” a new standard of review in its decision to overturn DOMA. Disputing this argument, GLAD says BLAG “does not accurately characterize the First Circuit’s holding or analysis” and the First Circuit had correctly applied rational basis holdings from earlier cases.

GLAD lays out several reasons why the First Circuit ruled that DOMA is unconstitutional, saying Congress could only have passed DOMA out of animus toward gay people.

“Whether animated by ‘moral disapproval’ toward gay men and lesbians, open hostility, ‘insensitivity’ to the lives of the people against whom they were discriminating, or simply a reaction against people who ‘appear[ed] to be different,’ Congress enacted a statute whose object was to subject gay men and lesbians to different, and less-favorable, treatment,” the brief states. “This Congress may not do.”

Additionally, GLAD says the Supreme Court should take up the case to establish that laws targeting gay Americans should be subject to heightened scrutiny, on the assumption that they’re unconstitutional.

“Because DOMA imposes indisputable de jure discrimination on the basis of sexual orientation, this case presents an ideal vehicle for this Court to clarify how courts should scrutinize such laws going forward, and to ensure that lower courts afford gay men and lesbians the constitutional protections to which they are entitled under a proper application of the Equal Protection Clause,” the brief states.

The Obama administration announced it held the view that laws related to sexual orientation should be subjected to heightened scrutiny at the same time it announced it would no longer defend DOMA in court in February 2011. BLAG, under the direction of House Speaker John Boehner (R-Ohio) following a party-line vote, has since taken up defense of DOMA.

GLAD is now one of several groups asking the Supreme Court to examine the constitutionality of DOMA. The Justice Department has asked the high court to take up the Massachusetts case as well as a California lawsuit known as Golinski v. United States. Additionally, New York widower Edith Windsor has asked the Supreme Court to take up her lawsuit against DOMA filed by the American Civil Liberties Union as has New York City Mayor Michael Bloomberg and New York City Council Speaker Christine Quinn in a jointly filed friend-of-the-court brief.

The Supreme Court won’t decide whether it will take up DOMA until Sept. 24. The high court will begin hearing arguments for its 2012-2013 term in October.

In the meantime, Aug. 31 is the last day for BLAG to respond to or oppose the Justice Department’s petition, and Sept. 10 is the last day for the Justice Department to reply to BLAG. Additionally, BLAG can choose to reply to GLAD’s filing. There’s no set deadline for that, but normally, that would occur within 10 days.

Related Topics:Defense of Marriage Act DOMA Gay & Lesbian Advocates & Defenders Homepage Headlines Supreme Court

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Arizona

Shooting outside gay bar in Ariz. leaves three dead

Tucson police investigating double murder-suicide as a hate crime

Published

8 hours ago

September 1, 2026

Joe Reberkenny

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.

Congress

HRC president campaigns for Chris Pappas in NH

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

Published

1 day ago

August 31, 2026

Michael K. Lavers

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.

We’re hitting the pavement across New Hampshire to fight for a freer, fairer future for everyone.

Glad to have Human Rights Campaign President @KelleyJRobinson join us for a canvass launch in Manchester today. pic.twitter.com/XWCEaQxy4o

— Chris Pappas (@ChrisPappasNH) August 30, 2026

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.

National

Milo Yiannopoulos deported to UK

ICE arrested far-right provocateur in New Orleans on Thursday

Published

4 days ago

August 28, 2026

Michael K. Lavers

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.”