National
Hawaii court upholds same-sex marriage ban
Judge cites interest in procreation as reason to ban marriage equality
A district judge in Hawaii upheld the state’s same-sex marriage ban
A federal district court in Hawaii has upheld the state’s constitutional ban on same-sex marriage in a ruling that stands in stark contrast to recent multiple decisions that have struck down the Defense of Marriage Act and Proposition 8.
In the 120-page ruling, U.S. District Judge Alan Kay determined the Aloha State’s ban on same-sex marriage is constitutional because Hawaii has a legitimate interest in restricting marriage to straight couples.
“The legislature could rationally speculate that by reserving the name ‘marriage’ to opposite-sex couples, Hawaii’s marriage laws provide special promotion and encouragement to enter into those relationships advancing societal interests while the civil unions laws protect the individual interests of same-sex couples,” Kay writes. “In the absence of a suspect or quasi-suspect classification or a restriction on a fundamental right, the Fourteenth Amendment does not require Hawaii to endorse all intimate relationships on identical terms.”
The lawsuit, known as Jackson v. Abercrombie, was filed in December by D’Amato and Maloney, LLP, a Honolulu-based firm, on behalf of three plaintiffs: Natasha Jackson and Janin Kleid, two women in a same-sex relationship, and Gary Bradley, who’s in a civil union with his male partner.
Kay lays out numerous reasons for upholding the ban, including the idea that limiting marriage to opposite-sex couples ensures procreation and promotes the ideal family situation of having a mother and father. Additionally, Kay rules that to “constitutionalize” the issue in the courts would interfere with the process taking place in the legislature.
“Nationwide, citizens are engaged in a robust debate over this divisive social issue,” Kay writes. “If the traditional institution of marriage is to be restructured, as sought by Plaintiffs, it should be done by a democratically-elected legislature or the people through a constitutional amendment, not through judicial legislation that would inappropriately preempt democratic deliberation regarding whether or not to authorize same-sex marriage.”
An appointee of former President Reagan, Kay draws on the case of Baker v. Nelson, the 1972 marriage case that the Supreme Court declined to hear for want of federal questions, as a reason to uphold the ban, but declines to incorporate rulings against California’s Proposition 8 in the case of Perry v. Brown in his determination.
The decision upholding a state’s marriage ban is relatively unique amid a string of victories against California’s Proposition 8 and DOMA. Within the course of three years, a district court and an appeals court have ruled against California’s marriage ban, while five district courts, one appeals court and one bankruptcy court have ruled against DOMA.
Douglas NeJaime, who’s gay and a professor at Loyola Law School, said the constitutionality of DOMA and the federal constitutionality of Hawaii’s prohibition on same-sex marriage present materially different questions, but acknowledged the court notably departs from recent rulings by finding that Baker v. Nelson governs and by accepting arguments rooted in procreation.
“The other notable thing is that the court takes the Ninth Circuit at its word when it said that Perry applies only to the specific and unique situation of California, such that — as opposed to what many have been suggesting, including social-conservative activists – the Perry decision did not necessarily decide the issue for states like Hawaii, Washington, Oregon and Nevada,” NeJaime said.
The ruling comes in a state that arguably is the birthplace of the modern movement for same-sex marriage. In early 1993, the Hawaii Supreme Court ruled that refusing to grant same-sex couples marriage licenses is discriminatory. Backlash followed, including the passage of a voter referendum in 1998 allowing the state legislature to constitutionally ban same-sex marriage. The events in Hawaii also were an impetus for passage of the Defense of Marriage Act of 1996.
Still, Hawaii has seen recent movement granting legal recognition to same-sex couples. Gov. Neil Abercrombie (D) signed civil unions legislation into law last year. Further, he announced in February he wouldn’t defend the same-sex marriage ban in court, while Health Director Loretta Fuddy said she’d continue defending the amendment.
An anti-gay group was happy with the decision. Dale Schowengerdt, legal counsel for Alliance Defending Freedom, which took up defense of the marriage ban after Abercrombie declined to defend it, praised the ruling.
“This ruling affirms that protecting and strengthening marriage as the union of one man and one woman is legitimate, reasonable, and good for society,” Schowengerdt said. “The people of Hawaii adopted a constitutional amendment to uphold marriage, and the court rightly concluded that the democratic process shouldn’t be short-circuited by judicial decree.”
But proponents of the lawsuit said they were eagerly awaiting an appeal in the case.
John D’Amato, partner and co-founder D’Amato and Maloney, said he’s “disappointed” in the ruling and plans to appeal. The court that would have jurisdiction for appeal would be the U.S. Ninth Circuit Court of Appeals, which has already ruled against California’s same-sex marriage ban.
“The judge basically found in every conceivable point for defendants in the case, including on arguments that we find personally objectionable, which is that it’s OK to treat same-sex couples as second-class citizens because they make second-rate parents,” D’Amato said. “He didn’t need to reach that issue, and the fact that he did, we find, frankly, appalling.”
Following the ruling, Abercrombie issued a statement saying he’d back an appeal.
“I respectfully disagree and will join the Plaintiffs if they appeal this decision,” Abercrombie said. “To refuse individuals the right to marry on the basis of sexual orientation or gender is discrimination in light of our civil unions law. For me this is about fairness and equality.”
Donald Bentz, executive director of Equality Hawaii, said the court ruling against marriage equality was expected given “this particular judge’s temperament,” but added he’s eagerly awaiting an appeal in the case.
“Judge Kay cited a 40-year-old case and antiquated beliefs such as straights make better parents and marriage is for breeding children,” Bentz said. “The flawed and out-of-date logic begs for an appeal, which we are eagerly awaiting. This is not a set-back, but an anticipated speed bump. The question is still ‘when will marriage equality will come to Hawaii?,’ not ‘if.'”
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs
The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams
In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition
On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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