National
DOJ asks Supreme Court to hear two additional DOMA cases
Obama administration has now asked for consideration of four such cases
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.
State Department
State Department implements anti-trans bathroom policy
Memo notes directive corresponds with White House executive order
The State Department on April 20 announced employees cannot use bathrooms that correspond with their gender identity.
The Daily Signal, a conservative news website, reported the State Department announced the new policy in a memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms.”
The State Department has not responded to the Washington Blade’s request for comment on the directive.
“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”
The Daily Signal notes the new State Department policy “does not prohibit single-occupancy restrooms.”
National
I’m telling the scared little girl I once was it’s okay to feel free
This week is Lesbian Visibility Week
Uncloseted Media published this article on April 23.
By SOPHIE HOLLAND | At 13 years old, I remember looking in the mirror in my Toronto bathroom and thinking, “Yeah, I’m a lesbian.” At the time, I thought it was a dirty word. Thinking back, it could be because the first time I heard it was when a family member said, “I don’t know what a lesbian is, they are like aliens.”
And although I walked around in camouflage Crocs with a rainbow My Little Pony charm, plaid knee-length shorts and a shark tooth necklace (yes, these are all, in my opinion, stereotypically lesbian apparel!), I didn’t feel like I fit the mold. The longer I thought about it, the worse I felt, so I buried my feelings deep inside.
Now I am 25, and I have been out since I was 22. Three years ago, I never could have imagined that I’d be working for a queer news publication and celebrating Lesbian Visibility Week, an annual event meant to honor and uplift lesbian perspectives and highlight the hardships our community faces. To me, LVW is so important because, frankly, it has been an absolute shit show getting here, to a place where I feel love and joy most days.
I think back to the frustration of constantly being asked, “Do you have a boyfriend?” Of watching princess movies and seeing a broken girl only find herself when her prince charming arrives. I remember listening to music that was always about heterosexual relationships. I remember feeling left out in high school when, one by one, my friends got boyfriends.
I tried the boyfriend, and I tried really hard for it to work at a large detriment to my wellbeing. I brainwashed myself into thinking I was probably bisexual, which I told my closest friends around 16 and unsuccessfully told my parents at the same age. I was probably subconsciously using this as a litmus test of their acceptance and to soothe the anxiety I felt around my sexuality.
Learning to love who I am did not only come from me unraveling my internalized lesbophobia and dissecting the oppressive societal messages of heteronormativity. It came from meeting an awesome community of lesbians and queers. I found people who understood my worldview and who showed me the ropes. I no longer had to stutter over concepts like lesbian loneliness or my frustration with misogynistic straight men.
They all just got it.
Without this community, I am not sure if I could be as warm and confident in myself as I am today.
And while I still experience homophobia, like being spat on while walking with an ex in downtown Toronto or having a stranger yell in my face “Are you fucking lesbians?” in Kensington Market, the joy and love still outweighs the nasty.
So, as the sentimental dyke that I have become, I decided to ask a set of lesbians in my orbit — including my friends as well as Uncloseted staffers, board members and followers — if they would share a little bit about what makes them love being a lesbian. And now, I can share it with all of you. Here they are. Happy LVW!
Timi Sotire
Falling in love with her was a reset. I felt like a kid again, hopeful about the future. We’ve had to overcome many obstacles to be together, but I’d choose her in every lifetime. I was sick with a long-term health condition when we met, and hanging out with Sophia really helped me with my recovery after my surgery.
Bella Sayegh
Being a lesbian is one of the most beautiful things in the world. To be authentically yourself in resistance and joy is so special within the lesbian community.
Parker Wales
When I met Liv, I finally understood why almost every song is about love.
Gillian Kilgour
There is no connection quite as perfect as between lesbians, no one sees me like my lesbians do.
Chyna Price
There’s many things I love about being a lesbian. But here are my top three:
- There’s just a deeper understanding when it comes to being loved by another woman.
- The next one would be the sense of community, especially being a POC masculine-presenting lesbian. I don’t feel like I’m cosplaying as someone else like I felt like I was doing before I came out.
- There’s so much history going back to the 1800s on how we found and fought for our love. That fight makes me proud because it shows me … that we’ve [found] ways to express our love even when it was misunderstood, illegal and deemed as madness.
Hope Pisoni
Before I knew I was a lesbian, romantic relationships seemed suffocating — it felt like everyone would expect me to act my part in the meticulous performance that is heterosexuality. But meeting my spouse and discovering our identities together showed me just how freeing it could be to love without a script to follow.
Leital Molad
It was the joy of watching the New York Sirens defeat the Toronto Sceptres at our first professional women’s hockey game — surrounded by hundreds (maybe thousands?) of cheering lesbians.
Angela Earl
I spent years building a life that looked right. But I never felt settled, and eventually I started asking what would actually make me happy. Coming out was about more than who I love, it was letting go of everything I was told to be. The last few years have felt like coming home to a life that had been waiting for me.
Tali Bray
What I love about being a lesbian is what I love about being in love … the wonder and joy of “oh, this is what it’s supposed to feel like.” I love moving through the world with women.
Izzy Stokes
I didn’t fall in love until I realized that queerness was an option. My queer friends have helped me see so much more than I grew up seeing. I’m so proud of us, and I’m so grateful for my lesbian community.
Nandika Chatterjee
When I met my fiancée is when I started to feel most like myself. That meant loving myself for who I am and embracing my identity as a lesbian. I felt free in a way I have never before. That’s the long and short of it.
Liz Lucking
The love and joy of being a lesbian is getting to live the life I dreamed of but never thought I would get to have!
Reflections
As I read these beautiful entries, it’s not lost on me that we’re still living in a world where lesbians are more likely to struggle with maternity problems, fetishization, and compulsory heterosexuality — not to mention the intersectional pressures of racism from both inside and outside the queer community. That’s part of why, according to a 2024 survey, 22 percent of LGBTQ women have attempted suicide, and 66 percent have sought treatment for trauma.
So if you are a lesbian who isn’t out or doesn’t feel safe, I hope you read this and can glean some hope from these messages. So when you look in the mirror, you know that it’s okay to release the weight — which can feel so heavy — of a heteronormative world.
We still have a long fight until all lesbians can feel safe to be themselves, but this is a community that does not back away from the tough, from the joy, from being loud and from all the other things that it takes to start a small revolution.
Hell yeah, lesbians! Here’s to you.
*I am signing off with my cat on my lap and a pride flag over my head <3.
Cuba
Trans parent charged with kidnapping, allegedly fled to Cuba with child
Cuban authorities helped locate Rose Inessa-Ethington
Federal authorities have charged a transgender woman with kidnapping after she allegedly fled to Cuba with her 10-year-old child.
An affidavit that Federal Bureau of Investigation Special Agent Jennifer Waterfield filed in U.S. District Court for the District of Utah on April 16 notes the child is a “biological male who identifies as a female” and “splits time living with divorced parents who share custody” in Cache County, Utah.
Waterfield notes the child on March 28 “was supposed to be traveling by car to” Calgary, Alberta, “for a planned camping trip with his transgender mother, Rose Inessa-Ethington, Rose’s partner, Blue Inessa-Ethington, and Blue’s 3-year-old child.”
The affidavit notes the group instead flew from Vancouver, British Columbia, to Mexico City on March 29. Waterfield writes the Inessa-Ethingtons and the two children then flew from Mérida, Mexico, to Havana on April 1.
The 10-year-old child called her biological mother on March 28 after they arrived in Canada. The custody agreement, according to the affidavit, required Rose Inessa-Ethington to return the child to her former spouse on April 3.
“Interviews of MV [Minor Victim] 1’s family members provided significant concerns for MV 1’s well-being, as MV 1 was born a male, however, identifies as a female child, which is largely believed to be due to manipulation by Rose Inessa-Ethington,” reads the affidavit. “Concerns exist that MV 1 was transported to Cuba for gender reassignment surgery prior to puberty.”
The affidavit indicates authorities found a note in the Inessa-Ethingtons’ home with “instruction from a mental health therapist located in Washington, D.C., including instruction to send the therapist the $10,000.00 and instructions on gender-affirming medical care for children.”
The affidavit does not identify the specific “mental health therapist” in D.C.
A Utah judge on April 13 ordered Rose Inessa-Ethington to “immediately” return the child to her former spouse. The former spouse also received sole custody.
“Your affiant believes that due to the extensive planning and preparation exhibited by both Rose Inessa-Ethington and Blue Inessa-Ethington to isolate MV 1 and take MV 1 to Havana, Cuba, without notifying or requesting permission from MV 1’s mother indicates they are likely not planning to return to the United States,” wrote Waterfield.
The affidavit notes Cuban authorities found the Inessa-Ethingtons and the child.
A press release the U.S. Attorney’s Office for the District of Utah issued notes the Inessa-Ethingtons “were deported from Cuba” on Monday “with the assistance of the FBI.”
The couple has been charged with International Parental Kidnapping. The Inessa-Ethingtons were arraigned in Richmond, Va., on Monday. The press release notes a federal court in Salt Lake City will soon handle the case.
The New York Times reported the child is now back with their biological mother.
“We are grateful to law enforcement for working swiftly to return the child to the biological mother,” said First Assistant U.S. Attorney Melissa Holyoak of the District of Utah in the press release.
The case is unfolding against the backdrop of increased tensions between Washington and Havana after U.S. forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores.
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. A second White House directive banned federally-funded gender-affirming care for anyone under 19.
The U.S. Supreme Court last year in the Skrmetti decision upheld a Tennessee law that bans gender-affirming care for minors.
Cuba’s national health care system has offered free sex-reassignment surgeries since 2008.
Activists who are critical of Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ issues as director of Cuba’s National Center for Sexual Education, have previously told the Washington Blade that access to these procedures is limited. The Blade on Wednesday asked a contact in Havana to clarify whether Cuban law currently allows minors to undergo sex-reassignment surgery.
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