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Supreme Court refuses NOM’s challenge to Maine donor laws

Anti-gay group launches website for donors to declare contributions

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Supreme Court, gay news, Washington Blade
Supreme Court, gay news, Washington Blade

The U.S. Supreme Court announced Monday it won’t hear a case challenging NOM’s disclosure laws (Washington Blade file photo by Michael Key)

The U.S. Supreme Court has denied another request from an anti-gay group challenging financial disclosure laws in Maine that require the organization to reveal who donated to the 2009 marriage ballot initiative campaign.

Justices announced on Monday they wouldn’t hear the case, filed by the National Organization for Marriage, on an order listing hundreds of lawsuits they have declined to hear over the course of the 2013 term.

The court’s decision not to hear the case, known as National Organization for Marriage v. McKee, was made during the September 24 conference, the first meeting of justices for this term, but wasn’t announced until Monday. Last week, the court announced six cases it had decided to consider during the conference.

NOM had filed the lawsuit against state disclosure laws in Maine after the organization in 2009 helped the anti-gay side in a referendum over recently the signed same-sex marriage law, which state voters ultimately rejected by 53 percent.

Among other things, NOM argued the same donor disclosure laws shouldn’t be applied to both political candidates and ballot questions and asserted the $100 reporting threshold in Maine is so lowĀ it doesn’t constitutionally further the state’s information interest.Ā But the U.S. First Circuit Court of Appeals in January affirmed a district court ruling upholding the disclosure laws, which NOM later appealed to the Supreme Court.

Fred Sainz, vice president of communications at the Human Rights Campaign, took the opportunity of the decision to knock the anti-gay group.

“NOM has shown an unwillingness to play by the rules and this is yet another legal set-back,” Sainz added. “This is proof that their penchant for secrecy has run them afoul of the law.”

NOM won’t be required to reveal its donors immediately, butĀ the decision means Maine can continue to pursueĀ its investigation of the organization’s activities related to the 2009 ballot measure.

Phyllis Gardiner, a Maine assistant attorney general and counsel to the state’s Commission on Governmental Ethics & Election Practices, said the state is “pleased” the First Circuit’s ruling will be upheld, but acknowledged the investigation continues.

“The Maine Commission on Governmental Ethics & Election Practices has an ongoing investigation, and there’s pending state court litigation as well that has not yet been fully resolved,” Gardiner said. “So, the constitutionality of the statute was upheld by the First Circuit, and now it’s a matter of the commission completing its work and making its determination.”

Gardiner added she doesn’t know the exact timing for when the ethics commission will finish its investigation.

But NOM wasn’t happy with the decision. John Eastman, NOM’s chair, said in a statement his organization is “disappointed” with the Supreme Court’s decision not to hear the case, but “will be reviewing” the state’s requests, which the organization says is different now than in 2009.

ā€œIn their briefs before the U.S. Supreme Court, the state appeared to have substantially narrowed the type of information they were requesting from NOM,” Eastman said. “Had the state taken the position they took recently back in 2009, this litigation might well have been avoided. We will be reviewing the requests for information that the state has made in light if the narrow interpretation the State has now provided to its own statute.ā€

Darrin Hurwitz, HRC’s assistant general counsel, responded to NOM’s statement by saying the organization should have complied with Maine laws like other organizations did in the first place.

“This litigation could have been avoided in 2009 if NOM had chosen to abide by the law then and disclose donors to their Maine efforts as every other organization that participated in Question 1 did,” Hurwitz said. “Itā€™s easy to say that youā€™ll respond to the stateā€™s requests after youā€™ve lost a 3-year court battle and have no other options.”

Gardiner also took issue with the idea that Maine changed what it wanted from NOM since 2009.

“I think that may be based on a misunderstanding,” Gardiner said. “The commission’s interpretation of Maine’s statute ā€” what it requires ā€” has not narrowed or changed during the course of this litigation.”

On the same day as the court announced it wouldn’t hear the lawsuit, Brian Brown, NOM’s president, announced a new website, KeeptheRepublicandMarriage.com,Ā on which donors can publicly declare they’ve contributed money to the organization.

ā€œEven though donors toĀ NOMĀ are not subject to public disclosure, a number of our donors wanted to show that they would not be bullied and were not afraid to publicly proclaim their support forĀ NOMĀ as a way of encouraging others to publicly stand up to support marriage,ā€ Brown said in a statement. ā€œThese key donors were inspired by the courage of Dan Cathy, CEO of Chick Fil A, who resolutely told Americans that he unabashedly believed in Godā€™s design for marriage as the union of one man and one woman.ā€

The website already has 26 people listed, but no information other than an individual’s name is given. The top name listed is Sean Fieler, who presumably is the same Sean Fieler who’s chair of the American Principles Project, a conservative group that opposes same-sex marriage and abortion rights. ThatĀ group didn’t immediately respond to a request to comment.

Under the headings of the announcement that it won’t take the NOM case, the order from the court states, “The motion of respondents for leave to file a brief in opposition under seal with redacted copies for the public record is granted.”

Hurwitz said this note is procedural and pertains to theĀ respondent brief filed by Maine’s attorney general in the case. The document has lines relating to NOMā€™s fundraising that are redacted and the court is granting the state’s request to keep them sealed.

It’s not the first time the Supreme Court has declined to hear one of NOM’s challenges to Maine’s financial disclosure laws. In February, the Supreme Court announced it wouldn’t hear a different challenge to Maine’s laws also called National Organization for Marriage v. McKee. But, unlike the later lawsuit, the NOM’s argument in the earlier case was political action committeeĀ requirements in state were unconstitutionally broad and vague.

The news on the NOM case comes as many anticipate a decision from the court on whether it take up pending challenges to California’s Proposition 8, known as Hollingsworth v. Perry, and one of the cases against the Defense of Marriage Act, Windsor v. United States. Both were docketed for the September 24, but the order on Monday reveals that no announcements have been made on those high-profile cases.

The Supreme Court has also yet to make a decision on whether it’ll hear the case of Diaz v. Brewer. The request was filed by Arizona Gov. Jan Brewer (R), who was appealing an injunction placed by a district court prohibiting her from enforcing a law taking away domestic partner benefits from Arizona state employees.

NOTE: This article has been updated from its initial version to include NOM’s response to the decision as well as comments from Phyllis Gardiner.

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Congress

Senate Dems object to House GOP’s anti-LGBTQ, anti-abortion approps riders

45 senators signed a letter issued to leadership on Thursday

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U.S. Sen. Jeff Merkley (D-Ore.) (Washington Blade photo by Michael Key)

A group of 45 Senate Democrats sent a letter Thursday urging leadership to reject the 55+ anti-abortion and anti-LGBTQ measures that Republican members of the U.S. House of Representatives have attached to must-pass FY25 spending bills, while also arguing that the “poison pill” policy riders must be kept out of the appropriations process moving forward.

The letter was addressed to the Senate’s Democratic and Republican leaders, Chuck Schumer (N.Y.) and Mitch McConnell (Ky.), along with the chair and vice chair of the Senate Appropriations Committee, Patty Murray (D-Wash.) and Susan Collins (R-Maine). Among the signatories are 11 of the committee’s 14 Democratic members ā€” including Jeff Merkley (Ore.), Tammy Baldwin (Wis.), and Cory Booker (N.J.), who led the effort.

The House, meanwhile, voted on Wednesday to approve the major annual defense funding bill, with a provision that would prohibit the children of U.S. service members from accessing gender-affirming health treatments under the Pentagonā€™s TRICARE program.

From here, the National Defense Authorization Act will face two major roadblocks that, for the past two years, have doomed other appropriations bills that were packed with partisan policy riders and passed by the House under the Republican leadership: first, the Senate’s Democratic majority, and second, President Joe Biden and his promise to veto legislation that would undermine reproductive rights or target trans and LGBTQ communities.

Of course, a path forward for these bills will become far clearer and easier next month when President-elect Donald Trump returns to the White House and the 119th Congress is seated with Republicans reclaiming control of the upper chamber.

In their letter, the senators explained that appropriations funding in recent years has typically been passed by the Senate in committee, usually with wide bipartisan margins, but the process is undermined when their conservative counterparts in the lower chamber pack the bills with right-wing policy riders.

Relative to concerns about harms to the legislative process, however, the authors placed a greater emphasis on the case for rejecting these measures because they are “partisan, discriminatory, and harmful.”

For instance, the letter notes that as House Republicans seeking to use the appropriations process as a vehicle for opening the door to discrimination on the basis of sexual orientation and gender identity, or to ban access to transgender medical care, LGBTQ Americans are facing an unprecedented onslaught of legislative attacks, with 42 state legislatures introducing more than 574 anti-LGBTQ bills this year alone.

Additionally, the senators wrote, policy riders that would further restrict access to reproductive healthcare come as Americans are reeling from the aftermath of the U.S. Supreme Court’s 2022 ruling in Dobbs, which overturned protections that were first established when Roe v. Wade was decided in 1933. As a result, the letter notes, total abortion bans are now enforced in 13 states with a handful of others setting early gestational limits.

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Los Angeles

Los Angeles Blade publisher Troy Masters dies at 63

Longtime advocate for LGBTQ equality, queer journalism

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Los Angeles Blade Publisher Troy Masters (Los Angeles Blade file photo)

Troy Masters, publisher of the Los Angeles Blade, died unexpectedly on Wednesday Dec. 11, according to a family member. He was 63. The cause of death was not immediately released.

Masters is a well-respected and award-winning journalist and publisher with decades of experience, mostly in LGBTQ media. He founded Gay City News in New York City in 2002 and relocated to Los Angeles in 2015. In 2017, he became the founding publisher of the Los Angeles Blade, a sister publication of the Washington Blade, the nationā€™s oldest LGBTQ newspaper.

His family released a statement to the Blade on Thursday. 

ā€œWe are shocked and devastated by the loss of Troy,ā€ the statement says. ā€œHe was a tireless advocate for the LGBTQ community and leaves a tremendous legacy of fighting for social justice and equality. We ask for your prayers and for privacy as we mourn this unthinkable loss. We will announce details of a celebration of life in the near future.ā€

The Blade management team released the following statement on Thursday:

ā€œAll of us at the Los Angeles Blade and Washington Blade are heartbroken by the loss of our colleague. Troy Masters is a pioneer who championed LGBTQ rights as well as best-in-class journalism for our community. We will miss his passion and his tireless dedication to the Los Angeles queer community.

ā€œWe would like to thank the readers, advertisers, and supporters of the Los Angeles Blade, which will continue under the leadership of our local editor Gisselle Palomera, the entire Blade family in D.C. and L.A., and eventually under a new publisher.ā€

Troy Masters was born April 13, 1961 and is survived by his mother Josie Kirkland and his sister Tammy Masters, along with many friends and colleagues across the country. This is a developing story and will be updated as more details emerge.

From left, Washington Blade Editor Kevin Naff, Rep. David Cicilline (D-R.I.), Ariadne Getty and Los Angeles Blade Publisher Troy Masters attend the Washington Blade’s 50th anniversary gala in 2019. (Washington Blade file photo by Vanessa Pham)
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Congress

House passes defense spending bill with anti-trans rider targeting military families

‘Not since DOMA’ has ‘an anti-LGBTQ+ policy been enshrined into federal law’

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U.S. Capitol (Washington Blade photo by Michael Key)

The U.S. House of Representatives on Wednesday voted to pass the annual military appropriations bill with a rider that would prohibit the children of U.S. service members from accessing gender-affirming health treatments under the Pentagon’s TRICARE program.

After clearing the floor vote with a comfortable margin of 281-140, the bill’s future is uncertain provided that Senate Democrats are unlikely to move on a National Defense Authorization Act that contains a discriminatory, partisan policy advanced by House Republican leadership and President Joe Biden promising to veto any legislation that targets transgender rights.

House Speaker Mike Johnson (R-La.) reportedly insisted on amending the NDAA to add the anti-trans policy after a final version of the bill had already been negotiated by the chairs and ranking members of the Senate and House Armed Services Committees over the weekend, earning a sharply worded rebuke from the later committee’s top Democrat, U.S. Rep. Adam Smith (Wash.).

“Blanketly denying health care to people who clearly need it, just because of a biased notion against transgender people, is wrong,” the congressman wrote. Johnson is “pandering to the most extreme elements o this party to ensure that he retains his speakership,” he said, and in the process the GOP leader has upended “what had been a bipartisan process.”

Just after the NDAA was passed, Human Rights Campaign President Kelley Robinson shared a statement with the Washington Blade.

ā€œMilitary servicemembers and their families wake up every day and sacrifice more than most of us will ever understand. Those families protect our right to live freely and with dignity ā€” they deserve that same right, and the freedom to access the care their children need.

Today, politicians in the House betrayed our nationā€™s promise to those who serve. Not since the ā€˜Defense of Marriage Actā€™ passed almost 30 years ago has an anti-LGBTQ+ policy been enshrined into federal law.

For the thousands of families impacted, this isnā€™t about politics. Itā€™s about young people who deserve our support. Those who have courageously stepped up to serve this country should never have their families used as bargaining chips.

Now, the Senate has the opportunity to reject this and any bill that includes these dangerous anti-trans, anti-military family provisions, and remember the fundamental promise of our democracy: That everyone deserves dignity, respect, and the right to healthcare.ā€

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