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DOJ asks Supreme Court to hear two additional DOMA cases

Obama administration has now asked for consideration of four such cases

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U.S. Supreme Court (Blade file photo by Michael Key)

The U.S. Justice Department on Tuesday filed legal briefs with the Supreme Court asking justices to take up two additional cases challenging the Defense of Marriage Act upon their return from summer recess.

The Obama administration asked the high court to hear Windsor v. United States, which was filed by the American Civil Liberties Union, and Pedersen v. Office of Personnel Management, which was filed by Gay & Lesbian Advocates & Defenders. Both cases are currently pending before the U.S. Second Circuit Court of Appeals.

News of the Justice Department filing the two separate legal briefs was first reported by Reuters. Read the petition in the Pedersen brief here and the petition in the Windsor brief here.

The Justice Department asks the Supreme Court to take up the cases as sort of a backup plan in case justices decline to hear two other DOMA cases they have been asked to review: the consolidated case of Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health & Human Services and Golinski v. Office of Personnel Management.

“The Court should hold this petition pending its consideration and disposition of the petitions in Massachusetts and Golinski,” the Pedersen petition states. “Should the Court grant review in either of those cases, it need not grant review in this case. If the Court concludes that neither Massachusetts nor Golinski provides an appropriate vehicle for resolving the question presented, it should grant this petition to ensure a timely and definitive ruling on Section 3’s constitutionality.”

The Justice Department maintains the order in which the Supreme Court should consider the cases is Massachusetts and Golinski, then Pedersen, then the Windsor case. According to the Justice Department, the question of whether the Supreme Court can take up the latter two cases rests on whether plaintiffs “have appellate standing to seek certiorari before judgment.” But the Justice Department says justices must resolve the additional question in the Windsor case of whether New York law recognized the Canadian marriage of the plaintiff, New York lesbian Edith Windsor, at the time of her spouse’s death.

Among the petition’s signers are U.S. Solicitor General Donald Verrilli and Acting Assistant Attorney General Stuart Delery, who’s gay and has been litigating against DOMA on behalf of the Obama administration in court.

Both petitions call on the Supreme Court to answer a question that was previously asked by other parties calling on the Supreme Court to review the anti-gay law: Does Section 3 of DOMA violate the Fifth Amendment guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their state?

The request from the Justice Department follows earlier requests from the Supreme Court to consider these cases from ACLU and GLAD in the wake of district court rulings in favor of plaintiffs against DOMA in the lawsuits. U.S. District Judge Barbara Jones ruled against DOMA in the Windsor case in June. U.S. District Judge Vanessa Bryant ruled against the anti-gay law in the Pedersen case in July. Following those rulings, ACLU and GLAD both asked the Supreme Court to take their respective cases in lieu of waiting for the U.S. Second Circuit Court of Appeals to make a decision.

The Justice Department had previously called on the Supreme Court to take up the consolidated Massachusetts case and the Golinski case. The filings on Tuesday mean the Justice Department now has matched all other requests from groups calling on the Supreme Court to take up different DOMA cases.

Mary Bonauto, the lead counsel for the GLAD in the DOMA cases, said the filings by the Justice Department are “procedural” because petitions requesting that the Supreme Court take up these cases were already awaiting justices.

“So now, DOJ is simply adding it’s voice, saying, ‘Yes, these cases — if some reason you don’t take up some other case — these cases are also appropriate for deciding the issue of DOMA’s constitutionality,” Bonauto said. “It is really is procedural as opposed to substantive, simply trying to essentially provide a menu of cases to the Supreme Court from which to choose.”

In February 2011, the Obama administration announced it would no longer defend DOMA against legal challenges in court and that laws related to sexual orientation should be subjected to heightened scrutiny. Previously, the Justice Department had only Golinski to draw upon because courts in the Massachusetts case ruled DOMA was unconstitutional using a rational basis standard. But after the court ruling in the Pedersen case, the Justice Department had another vehicle to express its viewpoint that heightened scrutiny should apply to laws related to sexual orientation.

“Essentially, they opened up this sample because they want a case that applies heightened scrutiny because that fits with their position and Pedersen is the only other case,”  Bonauto said. “Pedersen actually does an extremely thorough job of addressing the factors at enormous length. I mean, it’s over 50 pages in the opinion. In the end, the court doesn’t apply heightened scrutiny because it doesn’t need to, but it sets forth a case for heightened scrutiny.”

The ACLU declined to comment on the Justice Department filings.

Now that the Justice Department has sent these petitions, other parties in the cases have until October 12 to respond. The Supreme Court may make its decision on whether to hear the DOMA cases in the week of September 24, but the cases may be held until a later time.

The House Republican-led Bipartisan Legal Advisory Council, under the leadership of Speaker John Boehner (R-Ohio), has taken up defense of DOMA in the administration’s stead. Legal counsel representing BLAG didn’t immediately respond to a request for comment.

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LGBTQ Catholic groups slam Trump over pope criticism

‘Moral truth and compassion always overcome ignorant hate’

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Pope Leo XIV (Photo via Vatican News/X)

LGBTQ Catholic groups have sharply criticized President Donald Trump over his criticisms of Pope Leo XIV.

Leo on April 13 told reporters while traveling to Algeria that he had “no fear of the Trump administration” after the president described him as “weak on crime” and “terrible for foreign policy” in response to his opposition to the Iran war. (Trump on the same day posted to Truth Social an image that appeared to show him as Jesus Christ. He removed it on April 13 amid backlash from religious leaders.)

Vice President JD Vance, who is Catholic, during a Fox News Channel interview on the same day said “in some cases, it would be best for the Vatican to stick to matters of morality, to stick to matters of what’s going on with the Catholic church, and let the president of the United States stick to dictating American public policy.” Vance on April 14 once again discussed Leo during an appearance at a Turning Point USA event in Athens, Ga., saying he should “be careful when he talks about matters of theology.”

Italian Prime Minister Giorgia Meloni; former U.S. Ambassador to the Vatican Miguel Díaz; and Oklahoma City Archbishop Paul Coakley, president of the U.S. Conference of Catholic Bishops, are among those who have criticized Trump over his comments. The president, for his part, has said he will not apologize to Leo.

“The world is being ravaged by a handful of tyrants,” said Leo on Thursday at a cathedral in Bamenda, Cameroon.

Francis DeBernardo is the executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization. He told the Washington Blade on Thursday that Trump’s comments about Leo “are one more example of the ridiculous hubris of this leader (Trump) whose entire record shows that he is nothing more than a middle-school bully.”

“LGBTQ+ adults were often bullied as children, and they have learned the lesson that bullies act when they feel frightened or threatened,” said DeBernardo. “But secular power does not threaten the Vicar of Christ, and Pope Leo’s response illustrates this truth perfectly.”

DeBernardo added Trump “is obviously frightened that Pope Leo, an American, has more power and influence than the president on the world stage.” 

“Like most Trumpian bullying, this strategy will backfire,” DeBernardo told the Blade. “Moral truth and compassion always overcome ignorant hate. Trump’s actions are not an example of his power, but of his impotence.”

Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, echoed DeBernardo.

“He [Trump] has demonstrated throughout both presidencies that he doesn’t understand the basic concepts of any faith system that is founded on the dignity of human beings, the importance of common good,” Duddy-Burke told the Blade on Thursday during a telephone interview. “It’s just appalling.”

Duddy-Burke praised Leo and the American cardinals who have publicly criticized Trump.

“The pope’s popularity — given how much more respect Pope Leo has than the man sitting in the White House — is a blow to his ego,” Duddy-Burke told the Blade. “That seems to be a sore sport for him.”

“It’s such an imperialistic world view,” she added.

Leo ‘is the real peacemaker’

The College of Cardinals last May elected Leo to succeed Pope Francis after his death.

Leo, who was born in Chicago, is the first American pope. He was the bishop of the Diocese of Chiclayo in Peru from 2015-2023.

Francis made him a cardinal in 2023.

Juan Carlos Cruz — a gay Chilean man and clergy sex abuse survivor who Francis appointed to the Pontifical Commission for the Protection of Minors — has traveled to Ukraine several times with Dominican Sister Lucía Caram since Russia launched its war against the country in 2022. Cruz on Thursday responded to Trump’s criticism of Leo in a text message he sent to the Blade from Kyiv, the Ukrainian capital.

“I am in Ukraine under many attacks,” said Cruz. “Trump is an asshole and has zero right to criticize the Pope who is the real peacemaker.”

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Charlie Kirk Act advances in Tenn.

Bill would limit protests, protects speakers opposing ‘transgender’ identities

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Charlie Kirk photographed at the 2024 Republican National Convention. (Washington Blade photo by Michael Key)

The Tennessee legislature has passed Senate Bill 1741 / House Bill 1476, dubbed the “Charlie Kirk Act,” which, if signed by Republican Gov. Bill Lee, would reshape how public colleges and universities regulate speech on campus.

The measure targets all public higher education institutions and requires them to adopt a “free expression” policy modeled on the University of Chicago’s framework. That framework emphasizes that universities should not shield students from controversial or offensive ideas and requires state schools to formally embrace institutional neutrality — meaning they do not publicly take a stance on political or social issues.

Under the legislation, publicly funded schools cannot disinvite or cancel invited speakers based on their viewpoints or in response to protests from students or faculty. Student organizations, however — like Turning Point USA, an American nonprofit that advocates for conservative politics on high school, college, and university campuses, founded by Charlie Kirk, and often lack widely represented liberal counterparts — would retain broad authority to bring speakers to campus regardless of controversy.

The law includes broad protections for individuals and organizations expressing religious or ideological beliefs, including opposition to abortion, homosexuality, or transgender identity, regardless of whether those views are rooted in religious or secular beliefs. It further prohibits public institutions from retaliating against faculty for protected speech or scholarly work.

The bill, which has been hailed by supporters as an effort to “preserve campus free speech,” ironically also limits protest activity. Shouting down speakers, blocking sightlines, staging disruptive walkouts, or physically preventing entry to events are now considered “substantial interference” under the legislation, making those who engage in such actions subject to discipline.

Some of those disciplinary consequences include probation, suspension, and even expulsion for students, while faculty who protest in ways deemed to violate the policy could face unpaid suspensions and termination after repeated violations.

Supporters of the bill argue it strengthens free expression on campus. State Rep. Gino Bulso (R-Brentwood), the bill’s sponsor, said it reinforces a commitment to “civil and robust” debate at public universities.

“The Charlie Kirk Act creates critical safeguards for students and faculty and renews the idea that our higher education institutions should be centers of intellectual debate,” Bulso told Fox 17. “This legislation honors the legacy of Charlie Kirk by promoting thoughtful engagement and defending religious freedom.”

Critics, including Democratic lawmakers, have raised concerns that the legislation effectively elevates certain ideological viewpoints — particularly those tied to religious objections to LGBTQ identities — while exposing students and faculty to punishment for protest or dissent.

“It’s ironic that this body is talking about free speech when we had professors in Tennessee schools expelled and suspended when they did not mourn the death of Charlie Kirk — when they said that his statements were problematic and that the way he died did not redeem the way he lived,” state Rep. Justin Jones (D-Nashville) told WKRN.

Kirk, the right-wing activist and founder of Turning Point USA, for whom the bill is named, was assassinated in September 2025 at a public event at Utah Valley University. His legacy and rhetoric remain deeply polarizing, particularly among LGBTQ advocates, who have cited his history of anti-LGBTQ statements in opposing his campus appearances.

The bill now heads to Lee’s desk for his signature.

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Demonstrators disrupt OMB director hearing over PEPFAR

Capitol Police arrested five protesters

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Office of Management and Budget Directer Russell Vought, seated on right, attends a House Budget Committee hearing on April 15, 2026. (Washington Blade photo by Michael Key)

A group of protesters interrupted Office of Management and Budget Director Russell Vought during his testimony before Congress on Wednesday.

Vought was at the Cannon House Office Building to give testimony to the House Budget Committee.

Committee Chair Jodey Arrington (R-Texas) began the hearing by touting what he described as economic accomplishments of the Trump-Vance administration’s economic accomplishments. Ranking Member Brendan Boyle (D-Pa.) disputed those claims in his opening statement.

Boyle went on to admonish Vought for not attending a committee hearing in the previous year.

Vought, the “Project 2025” architect, was invited to speak after Arrington and Boyle made their statements.

OMB Director Russell Vought testifies at the U.S. House Budget Committee on April 15, 2026. (Washington Blade photo by Michael Key)

Shortly after Vought began reading his statement, Housing Works CEO Charles King stood up in the gallery and began shouting, “PEPFAR saves lives: spend the money!”

The U.S. Capitol Police moved quickly to escort King from the room. Other activists began chanting with King as they unfolded signs bearing a picture of Vought’s face and statements such as, “Vought’s cuts kill people with AIDS,” and “Protect PEPFAR from Vought.”

The group of HIV/AIDS activists included independent activists, former U.S. Agency for International Development and PEPFAR staff, members of Health GAP, Housing Works, and the Treatment Action Group. Six activists were escorted from the hearing and the U.S. Capitol Police detained five of them.

Housing Works CEO Charles King is escorted from House Budget Committee budget hearing by the U.S. Capitol Police on April 15, 2026. (Washington Blade photo by Michael Key)

The HIV/AIDS treatment activists protested at the hearing in response to the dismantling of global health programs, including PEPFAR, a federally-funded program credited with saving millions of lives from HIV/AIDS, particularly in sub-Saharan Africa.

“Russell Vought is directly responsible for illegally withholding Congressionally appropriated funds for PEPFAR and related global health initiative,” King said in a statement provided to the Washington Blade. “These funding disruptions have already contributed to preventable deaths and threaten to reverse decades of progress in the fight against HIV worldwide. Enough is enough. Congress must ensure Vought stops this deadly sabotage.”

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