Connect with us

National

House approves rules affirming commitment to DOMA

Language gives authority for BLAG to defend anti-gay law

Published

on

John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade
John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade

U.S. House Speaker, John Boehner (Washington Blade file photo by Michael Key)

As one of its first acts of the 113th Congress, the U.S. House on Thursday approved a set of governing rules that includes language authorizing the Bipartisan Legal Advisory Group to defend the Defense of Marriage Act against litigation in court.

By a vote of 228-196, the House voted in favor of a 23-page long resolution giving authority to the BLAG, a five-member Republican-controlled House panel which has taken up defense of DOMA since the administration stopped defending the law. The resolution allows BLAG to intervene in other cases challenging DOMA and gives authority for BLAG to speak for the House before the Supreme Court.

Michael Steel, a spokesperson for House Speaker John Boehner (R-Ohio), said the House approved the rules because Republicans believe DOMA’s constitutionality should be decided by the courts.

“We continue to believe the constitutionality of the law should be judged by the court, not the president unilaterally — and will provide the resources needed to protect our system of checks and balances,” Steel said.

Drew Hammill, a spokesperson for House Minority Leader Nancy Pelosi (D-Calif.), lambasted Republicans over the language and continued use of taxpayer dollars to defend DOMA, which prohibits federal recognition of same-sex marriage.

“House Republicans will send a clear message to LGBT families: their fiscal responsibility mantra does not extend to their efforts to stand firmly on the wrong side of the future,” Hammill said. “Republicans will take the extraordinary measure of including an authorization of their efforts to defend DOMA in the Rules of the House of Representatives and by doing so, continue to spend taxpayer funds, already adding up to $1.7 million, in their attempts to defend this shameful law in federal courts and the Supreme Court.”

Hammill took particular issue with language in the resolution saying BLAG speaks for the entire the chamber. As BLAG has defended DOMA, House Democrats have filed numerous friend-of-the-court briefs asserting the anti-gay law is unconstitutional.

In September, House Republicans signed a new agreement with former U.S. solicitor general Paul Clement to defend DOMA on behalf on BLAG. The contract, which wasn’t revealed under after Election Day, raises the cost cap to defend DOMA to $2 million.

In a joint statement, House LGBT Equality Caucus Members Jerrold Nadler (D-N.Y.), John Conyers (D-Mich.), Jared Polis (D-Colo), David Cicilline (D-R.I.), and newly sworn-in openly gay members of the U.S. House Sean Patrick Maloney (D-N.Y.), Mark Pocan (D-Wis.), and Mark Takano (D-Calif.) denounced the move by House Republicans.

“It has been 16 years since Congress enacted DOMA, and the arguments being made to defend the law do not withstand the test of time or scrutiny,” the lawmakers said. “At a time when families are struggling to make ends meet and asking Congress to focus on jobs and the economy, all Members should object to the use of taxpayer dollars to pay costly legal fees to make arguments that lack adequate factual or legal support, in pursuit of a law that is not worthy of a defense.”

Among the Republicans who voted in favor of the rules were the two GOP co-sponsors of the Respect for Marriage Act, legislation to repeal DOMA: Reps. Ileana Ros-Lehtinen (R-Fla.) and Richard Hanna (R-N.Y.). Only one Republican, Rep. Walter Jones (R-N.C.) joined Democrats in opposing the rules.

The language is new and marks the first the entire House chamber has voted in favor of giving authority to BLAG. The panel wasn’t operating under the language in the previous Congress. The House approved the language not only at a time when the Supreme Court is considering a litigation challenging DOMA, Windsor v. United States, but also when the court is asking parties for briefs on whether BLAG has standing to defend the statute.

The language in the rules related to BLAG follows:

(1) CONTINUING AUTHORITY FOR THE BIPARTISAN LEGAL ADVISORY GROUP.—
(A) The House authorizes the Bipartisan Legal Advisory Group of the 113th Congress—
(i) to act as successor in interest to the Bipartisan Legal Advisory Group of the 112th Congress with respect to civil actions in which it intervened in the 112th Congress to defend the constitutionality of section 3 of the Defense of Marriage Act (1 U.S.C. 7) or related provisions of titles 10, 31, and 38, United States Code, in- cluding in the case of Windsor v. United States, 833 F. Supp.2d 394 (S.D.N.Y. June 6, 2012), aff’d, 699 F.3d 169 (2d Cir. Oct. 18, 2012), cert. granted, No. 12– 307 (Dec. 7, 2012), cert. pending No. 12– 63 (July 16, 2012) and 12-ll (Dec.ll2012);
(ii) to take such steps as may be appropriate to ensure continuation of such civil actions; and
(iii) to intervene in other cases that involve a challenge to the constitutionality of section 3 of the Defense of Marriage Act or related provisions of titles 10, 31, and 38, United States Code.
(B) Pursuant to clause 8 of rule II, the Bipartisan Legal Advisory Group continues to speak for, and articulate the institutional position of, the House in all litigation matters in which it appears, including in Windsor v. United States.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

Published

on

(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

Continue Reading

State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

Published

on

(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“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, a conservative news website that first reported on the memo. “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.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

Continue Reading

Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

Published

on

(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

Continue Reading

Popular