National
Anti-gay groups speak out in Prop 8, DOMA briefs
‘Gov’t should not put its seal of approval on that unholy union’
The Family Research Council, headed by Tony Perkins, filed briefs in the Prop 8 and DOMA cases. (Blade file photo by Michael Key)
Anti-gay groups — ranging from the Family Research Council to the Westboro Baptish Church — filed friend-of-the-court briefs before the Supreme Court this week asking justices to uphold California’s Proposition 8 and the Defense of Marriage Act.
The briefs filed on Tuesday assert the same arguments seen repeatedly in opposition to a fundamental right to same-sex marriage, such as the inability of gay couples to procreate and the argument that being gay isn’t an immutable characteristic.
The Family Research Council, one the more prominent anti-gay groups opposed to same-sex marriage, filed briefs in both the Prop 8 and DOMA cases. In the Prop 8 brief, the group argues that the California ban on same-sex marriage isn’t discriminatory, among other reasons, because it enables any person to marry — so long as the other person is of the opposite sex.
“Proposition 8 treats men and women the same,” the brief states. “Both may marry someone of the opposite sex; neither may marry someone of the same sex.”
As Right Wing Watch points out, Family Research Council makes arguments on the political power of gays and lesbians that are contradictory. In the Prop 8 brief, the group notes that 30 states have amendments defining marriage as one man, one woman while arguing that “there is no ‘emerging awareness’ that the right to marry extends to same-sex couples.”
But in the DOMA brief, the group notes that three states voted in favor of marriage equality and Minnesota rejected an anti-gay marriage amendment to argue gay people aren’t a “politically powerless” group that need protection from discrimination.
“So when voters reject gay rights at the ballot box, they are reflecting public opinion,” concludes Right Wing Watch blogger Miranda Blue. “But when they vote in favor of gay rights, they have been ‘enlisted’ to the cause by powerful gay rights lobbyists.”
William Duncan, director of the Marriage Law Foundation, filed a brief on behalf of the National Organization for Marriage in the DOMA case, but identifies himself as a “scholar of history and related disciplines” in the Prop 8 case.
“When the People of California adopted Proposition 8, they acted to retain in their law an understanding of marriage that, until very recently, was recognized universally and without exception throughout time and across cultures,” Duncan said. “That conception of the institution of marriage has consistently been understood to advance crucial social interests in procreation, understood as the bearing and rearing of children.”
Duncan cites in his arguments a series of philosophers who’ve had an impact on American thinking, including Noah Webster and David Hume. The brief also cites a 1690 piece of writing from British philosopher John Locke, who said marriage “has no necessary form or function beyond this ‘chief end’ of procreation.”
Another brief in the Prop 8 case was filed by a coalition of black pastors, including the Coalition of African-American Pastors USA and the Frederick Douglass Foundation. That brief argues at length that the 1967 Supreme Court ruling in Loving v. Virginia striking down bans on interracial marriage shouldn’t be applied to gay couples.
“Loving can be distinguished from the current dispute over same-sex marriage,” the brief states. “Laws against miscegenation were designed to segregate the races, reinforcing the socially disadvantaged position of African-Americans. … By contrast, the traditional definition of marriage calls for mixing of the genders — integration not segregation — and therefore cannot be understood as an attempt to disadvantage either gender.”
During a news conference in September, Rev. William Owens, founder and president of the Coalition of African-American Pastors, admitted that he has limited financial ties to NOM. Owens said the group provides him and his wife a salary of $20,000 a year.
Notably, the brief isn’t signed by black pastors. The attorneys who signed the brief are Lynn Wardle, a law professor at Brigham Young University, and Stephen Kent Ehat, an attorney who does business as the Utah-based California Research Inc., and is a graduate of BYU law school.
Yet another brief was filed by three gay individuals who believe same-sex couples shouldn’t have the right to marry. They are David Benkof, ex-owner of the gay press syndicate Q Syndicate and now a resident of Israel; Robert Oscar Lopez, a bisexual award-winning writer who’s written comedies about same-sex couples raising children; and Doug Mainwaring, a gay writer who rethought the capability of same-sex unions to raise children after realizing the importance to his teenage sons of their mother’s presence in their lives. The brief is signed by Herbert Grey, a private attorney based in Beaverton, Ore.
“We, and they, believe gay people should be free to love and live as they choose but we also recognize that society has a right to express a rational preference for the kind of unions necessary to the survival of the whole society, and to the well-being of children,” the brief states. “Some gay, lesbian and bisexual people will benefit from this preference as they may marry a person of the opposite-sex.”
The brief by the Westboro Baptist Church, a virulently anti-gay Kansas-based organization known for picketing the funerals of service members with signs reading, “God Hates Fags,” makes arguments characteristic of its organization in briefs both for the Prop 8 case and DOMA case.
Members of the Westboro Baptist Church. (Washington Blade file photo by Michael Key)
“This nation has gone astray, letting fornication, adultery, abortion-for-convenience-on-demand, divorce, remarriage and sodomy become the norm,” the church says in its DOMA brief. “Homosexuality is destructive in every way, to the individual and to the nation. Government should not put its seal of approval on that unholy union by issuing a marriage license. Government’s interest is in doing the opposite, for the good of the people and the nation.”
The brief is signed by Margie Phelps, daughter of church founder Fred Phelps, who has represented the church in a lawsuit against it before the Supreme Court.
Mary Bonauto, civil rights director for Gay & Lesbian Advocates & Defenders, said the “anti-gay machine is alive and well,” but noted that each of the briefs takes a different approach to supporting Prop 8 and DOMA.
“As you would expect, some of the briefs were based a particular religious view,” Bonauto said. “Others claimed they were secular but simply reasoned based on certain religious principles. Others raised the religious freedom argument that it is a burden for objecting members of the public to have to deal with the existence of married gay people.”
Bonauto added, “Overall, none of these briefs raise a new issue and several are helpful to us.”
A Wider Bridge on Friday announced it will shut down at the end of the month.
The group that “mobilizes the LGBTQ community to fight antisemitism and support Israel and its LGBTQ community” in a letter to supporters said financial challenges prompted the decision.
“After 15 years of building bridges between LGBTQ communities in North America and Israel, A Wider Bridge has made the difficult decision to wind down operations as of Dec. 31, 2025,” it reads.
“This decision comes after challenging financial realities despite our best efforts to secure sustainable funding. We deeply appreciate our supporters and partners who made this work possible.”
Arthur Slepian founded A Wider Bridge in 2010.
The organization in 2016 organized a reception at the National LGBTQ Task Force’s Creating Change Conference in Chicago that was to have featured to Israeli activists. More than 200 people who protested against A Wider Bridge forced the event’s cancellation.
A Wider Bridge in 2024 urged the Capital Pride Alliance and other Pride organizers to ensure Jewish people can safely participate in their events in response to an increase in antisemitic attacks after Hamas militants attacked Israel on Oct. 7, 2023.
The Jewish Telegraphic Agency reported authorities in Vermont late last year charged Ethan Felson, who was A Wider Bridge’s then-executive director, with lewd and lascivious conduct after alleged sexual misconduct against a museum employee. Rabbi Denise Eger succeeded Felson as A Wider Bridge’s interim executive director.
A Wider Bridge in June honored U.S. Rep. Debbie Wasserman Schultz (D-Fla.) at its Pride event that took place at the Capital Jewish Museum in D.C. The event took place 15 days after a gunman killed two Israeli Embassy employees — Yaron Lischinsky and Sarah Milgrim — as they were leaving an event at the museum.
“Though we are winding down, this is not a time to back down. We recognize the deep importance of our mission and work amid attacks on Jewish people and LGBTQ people – and LGBTQ Jews at the intersection,” said A Wider Bridge in its letter. “Our board members remain committed to showing up in their individual capacities to represent queer Jews across diverse spaces — and we know our partners and supporters will continue to do the same.”
Editor’s note: Washington Blade International News Editor Michael K. Lavers traveled to Israel and Palestine with A Wider Bridge in 2016.
The White House
‘Trump Rx’ plan includes sharp cuts to HIV drug prices
President made announcement on Friday
President Donald Trump met with leaders from some of the world’s largest pharmaceutical companies at the White House on Friday to announce his new “Trump Rx” plan and outline efforts to reduce medication costs for Americans.
During the roughly 47-minute meeting in the Roosevelt Room, Trump detailed his administration’s efforts to cut prescription drug prices and make medications more affordable for U.S. patients.
“Starting next year, American drug prices will come down fast, furious, and will soon be among the lowest in the developed world,” Trump said during the meeting. “For decades, Americans have been forced to pay the highest prices in the world for prescription drugs by far … We will get the lowest price of anyone in the world.”
Trump signed an executive order in May directing his administration “to do everything in its power to slash prescription drug prices for Americans while getting other countries to pay more.”
“This represents the greatest victory for patient affordability in the history of American health care, by far, and every single American will benefit,” he added.
Several pharmaceutical executives stood behind the president during the announcement, including Sanofi CEO Paul Hudson, Novartis CEO Vas Narasimhan, Genentech CEO Ashley Magargee, Boehringer Ingelheim (USA) CEO Jean-Michel Boers, Gilead Sciences CEO Dan O’Day, Bristol Myers Squibb General Counsel Cari Gallman, GSK CEO Emma Walmsley, Merck CEO Robert Davis, and Amgen Executive Vice President Peter Griffith.
Also in attendance were Health and Human Services Secretary Robert F. Kennedy Jr., Commerce Secretary Howard Lutnick, Centers for Medicare and Medicaid Services Administrator Mehmet Oz, and Food and Drug Administration Commissioner Marty Makary.
Under the Trump Rx plan, the administration outlined a series of proposed drug price changes across multiple companies and therapeutic areas. Among them were reductions for Amgen’s cholesterol-lowering drug repatha from $573 to $239; Bristol Myers Squibb’s HIV medication reyataz from $1,449 to $217; Boehringer Ingelheim’s type 2 diabetes medication jentadueto from $525 to $55; Genentech’s flu medication xofluza from $168 to $50; and Gilead Sciences’ hepatitis C medication epclusa from $24,920 to $2,425.
Additional reductions included several GSK inhalers — such as the asthma inhaler advair diskus 500/50, from $265 to $89 — Merck’s diabetes medication januvia from $330 to $100, Novartis’ multiple sclerosis medication mayzent from $9,987 to $1,137, and Sanofi’s blood thinner plavix from $756 to $16. Sanofi insulin products would also be capped at $35 per month’s supply.
These prices, however, would only be available to patients who purchase medications directly through TrumpRx. According to the program’s website, TrumpRx “connects patients directly with the best prices, increasing transparency, and cutting out costly third-party markups.”
Kennedy spoke after Trump, thanking the president for efforts to lower pharmaceutical costs in the U.S., where evidence has shown that drug prices — including both brand-name and generic medications — are nearly 2.78 times higher than prices in comparable countries. According to the Pharmaceutical Research and Manufacturers of America, roughly half of every dollar spent on brand-name drugs goes to entities that play no role in their research, development, or manufacturing.
“This is affordability in action,” Kennedy said. “We are reversing that trend and making sure that Americans can afford to get the life-saving solutions.”
Gilead CEO Dan O’Day also spoke about how the restructuring of drug costs under TrumpRx, combined with emerging technologies, could help reduce HIV transmission — a virus that, if untreated, can progress to AIDS. The LGBTQ community remains disproportionately affected by HIV.
“Thank you, Mr. President — you and the administration,” O’Day said. “I think this objective of achieving the commitment to affordability and future innovation is extraordinary … We just recently launched a new medicine that’s only given twice a year to prevent HIV, and we’re working with Secretary Kennedy and his entire team, as well as the State Department, as a part of your strategy to support ending the epidemic during your term.
“I’ve never been more optimistic about the innovation that exists across these companies and the impact this could have on America’s health and economy,” he added.
Trump interjected, asking, “And that’s working well with HIV?”
“Yes,” O’Day replied.
“It’s a big event,” Trump said.
“It literally prevents HIV almost 100 percent given twice a year,” O’Day responded.
A similar anti-HIV medication is currently prescribed more than injectable form mentioned by O’Day. PrEP, is a medication regimen proven to significantly reduce HIV infection rates for people at high risk. Without insurance, brand-name Truvada can cost roughly $2,000 per month, while a generic version costs about $60 per month.
Even when medication prices are reduced, PrEP access carries additional costs, including clinic and laboratory fees, office visits, required HIV and sexually transmitted infection testing, adherence services and counseling, and outreach to potentially eligible patients and providers.
According to a 2022 study, the annual total cost per person for PrEP — including medication and required clinical and laboratory monitoring — is approximately $12,000 to $13,000 per year.
The TrumpRx federal platform website is now live at TrumpRx.gov, but the program is not slated to begin offering reduced drug prices until January.
The White House
EXCLUSIVE: Democracy Forward files FOIA lawsuit after HHS deadnames Rachel Levine
Trans former assistant health secretary’s name changed on official portrait
Democracy Forward, a national legal organization that works to advance democracy and social progress through litigation, policy and public education, and regulatory engagement, filed a lawsuit Friday in federal court seeking to compel the U.S. Department of Health and Human Services to release information related to the alteration of former Assistant Secretary for Health Adm. Rachel Levine’s official portrait caption.
The lawsuit comes in response to the slow pace of HHS’s handling of multiple Freedom of Information Act requests — requests that federal law requires agencies to respond to within 20 working days. While responses can take longer due to backlogs, high request volumes, or the need for extensive searches or consultations, Democracy Forward says HHS has failed to provide any substantive response.
Democracy Forward’s four unanswered FOIA requests, and the subsequent lawsuit against HHS, come days after someone in the Trump-Vance administration changed Levine’s official portrait in the Hubert H. Humphrey Building to display her deadname — the name she used before transitioning and has not used since 2011.
According to Democracy Forward, HHS “refused to release any records related to its morally wrong and offensive effort to alter former Assistant Secretary for Health Admiral Rachel Levine’s official portrait caption.” Levine was the highest-ranking openly transgender government official in U.S. history and served as assistant secretary for health and as an admiral in the U.S. Public Health Service Commissioned Corps from 2021 to 2025.
Democracy Forward President Skye Perryman spoke about the need to hold the Trump-Vance administration accountable for every official action, especially those that harm some of the most targeted Americans, including trans people.
“The question every American should be asking remains: what is the Trump-Vance administration hiding? For an administration that touts its anti-transgender animus and behavior so publicly, its stonewalling and silence when it comes to the people’s right to see public records about who was behind this decision is deafening,” Perryman said.
“The government’s obligation of transparency doesn’t disappear because the information sought relates to a trailblazing former federal official who is transgender. It’s not complicated — the public is entitled to know who is making decisions — especially decisions that seek to alter facts and reality, erase the identity of a person, and affect the nation’s commitment to civil rights and human dignity.”
“HHS’s refusal to respond to these lawful requests raises more serious concerns about transparency and accountability,” Perryman added. “The public has every right to demand answers — to know who is behind this hateful act — and we are going to court to get them.”
The lawsuit also raises questions about whether the alteration violated federal accuracy and privacy requirements governing Levine’s name, and whether the agency improperly classified the change as an “excepted activity” during a lapse in appropriations. By failing to make any determination or produce any records, Democracy Forward argues, HHS has violated its obligations under federal law.
The case, Democracy Forward Foundation v. U.S. Department of Health and Human Services, was filed in the U.S. District Court for the District of Columbia. The legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston.
The Washington Blade reached out to HHS, but has not received any comment.
The lawsuit and four FOIA requests are below:
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