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Advocacy groups welcome Supreme Court decision to hear marriage cases

Couples in four New England states challenged DOMA in federal court

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Supreme Court, gay news, Washington Blade

State groups welcomed the U.S. Supreme Court’s decision to consider the constitutionality of DOMA, Proposition 8. (Washington Blade file photo by Michael Key)

Same-sex couples and others who challenged the Defense of Marriage Act on Friday welcomed the U.S. Supreme Court’s decision to consider the constitutionality of DOMA and California’s Proposition 8.

“I’ve been waiting 64 years for this happen,” Sandisfield, Mass., resident Herb Burtis, who married his partner of nearly 60 years in 2004 once Massachusetts’ same-sex marriage law took effect, said.

The Boston-based Gay and Lesbian Advocates and Defenders in 2009 filed a federal lawsuit on behalf of Burtis, whose husband died from Parkinson’s disease in 2008, two other gay widows and eight same-sex couples who challenged the federal government’s denial of marital and survivor benefits to them under DOMA. The group in 2010 brought a second suit on behalf of five same-sex couples and a gay widow who legally married in Connecticut, New Hampshire and Vermont.

The court has yet to announce whether it will hear these and two other DOMA-related cases.

President Obama announced in Feb. 2011 his administration would no longer defend the Clinton-era law in federal court.

“After his death, I found that I would be denied any federal benefits that any other married couple would receive, and that’s when I became involved in the Gill case with GLAD,” said Burtis. “I’m very happy the court is going to hear at least one case that has to do with the constitutionality of DOMA.”

Joanne Pedersen, who worked for the U.S. Navy for 30 years, married Ann Meitzen in Connecticut in 2008 after the state’s same-sex marriage law took effect. She said after the U.S. Supreme Court agreed to hear the cases filed on behalf of New York widow Edith Windsor, who paid $363,000 in federal estate taxes in 2009 after her wife’s death, and same-sex couples who challenged Prop 8’s constitutionality that her inability to place Meitzen on her health insurance policy “really hurts us financially.”

“Joanne and I are a regular couple,” Meitzen added. “We mow our law. We pay our bills. We’ve paid our taxes our whole life and the fed government is treating us like our marriage doesn’t exist. We’re very happy that the Supreme Court has decided to hear a case that has to do with the constitutionality of marriages.”

State advocates welcome Supreme Court’s review of marriage cases

The U.S. Supreme Court announced it would hear the Windsor and Prop 8 cases a day after same-sex couples in Washington and Maryland began receiving same-sex marriage licenses. Gays and lesbians can begin to legally marry in the two states on Sunday and on Jan. 1 respectively.

The same-sex marriage law that Maine voters approved last month takes effect on Dec. 29.

“I hope the Supreme Court will strike down DOMA and allow all married same-sex couples in Maryland to be treated equally under federal law,” Equality Maryland Executive Director Carrie Evans told the Washington Blade.

Kara Suffredini, executive director of MassEquality, also welcomed the Supreme Court’s decision to hear the two cases.

“Marriages of same-sex couples in Massachusetts are still not recognized by the federal government because of the so-called Defense of Marriage Act,” she said. “In addition to being immoral, this inequality means that married same-sex couples do not have access to many of the safety nets afforded other married couples: social security survivor benefits; Medicaid long-term care benefits; spousal veteran benefits; or rights of inheritance. The continued enforcement of DOMA has created an indefensible two-tiered system of treatment for married couples based solely on the gender of the spouses.”

Nathan M. Schaefer, executive director of the Empire State Pride Agenda, agreed.

Even though same-sex couples have been able to legally marry in New York since July 2011, Schaefer stressed “our commitments are not honored and our families are not protected by the federal government” because of DOMA.

“We are hopeful that the Supreme Court will grant all married couples, in New York and other states, the recognition they deserve by upholding the multiple lower court rulings that have already declared sections of DOMA unconstitutional,” he said. “We view these deliberations as a critical step toward ending discrimination and advancing equality for all Americans.”

Eight states and D.C. currently have laws that allow same-sex couples to legally marry. The U.S. Supreme Court’s decision to hear the two cases comes as lawmakers in Illinois, New Jersey and Rhode Island are poised to debate the issue.

“While the cases progress in the Supreme Court, we must not lose sight of the work that remains at the state level,” Equality Illinois CEO Bernard Cherkasov said. “Our opponents are likely to make every effort during this period to try to stymie progress in Illinois, saying we should wait to hear from the court. Given the success of marriage equality initiatives in the General Election and growing support for it throughout the country including Illinois, we need to continue to press for action in our state.”

As for the U.S. Supreme Court itself; Mary Bonauto, director of GLAD’s Civil Rights Project, remains confident the justices will ultimately decide these issues outlined in the two cases the justices agreed to consider.

“We have certainly seen since we’ve had Massachusetts with marriage in ‘04 and in the other states that these federal protections affect nearly every area of live and death and are a very important part of people’s security and stability so we are very happy that this issue will be addressed by the court in the Windsor case,” she said. “On DOMA I think it’s extremely important to remember that we have a case that really can appeal to all members of the court, in addition to the fact this is discrimination against people who are already married by the state. There’s a federalism component to the case because it is states that decide who can marry and not the Congress and not the federal government in states like Connecticut and Massachusetts have agreed that committed same-sex couples can marry. The real question is what interest does the federal government have in overturning the state decision for purposes of all federal laws.”

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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