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Senate GOP urges Supreme Court to uphold DOMA

Brief says anti-gay law removes ‘incentive’ for states to legalize same-sex marriage

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United States Senate, Republican Party, Kentucky, Iowa, Mitch McConnell, Chuck Grassley, gay news, Washington Blade
United States Senate, Republican Party, Utah, Kentucky, Iowa, Orrin Hatch, Mitch McConnell, Chuck Grassley, gay news, Washington Blade

(from left) Sen. Orrin Hatch (R-Utah), Sen. Mitch McConnell (R-Ky.) and Sen. Chuck Grassley (R-Iowa) are among the Republicans urging the Supreme Court to uphold DOMA (Photos public domain)

Senate Republicans are arguing the Defense of Marriage Act should be upheld as constitutional because withholding federal benefits from gay couples discourages states from legalizing same-sex marriage.

The 30-page friend-of-the-court brief, filed before the U.S. Supreme Court on Jan. 29, argues that Section 3 of DOMA promotes the restriction of marriage to one man, one man while by “removing an incentive” to change state law.

“The prospect of obtaining numerous federal benefits for same-sex couples could be a tremendous weapon in the arsenal of those who would seek to gain recognition of same-sex marriage at the state level,” the brief states. “It would be particularly tempting for courts to recognize same-sex marriage in order to award federal benefits to sympathetic plaintiffs.”

The brief was filed in the case of Windsor v. United States on behalf of 10 Senate Republicans: Orrin Hatch (R-Utah), Saxby Chambliss (R-Ga.), Dan Coats (R-Ind.), Thad Cochran (R-Miss.), Mike Crapo (R-Idaho), Charles Grassley (R-Iowa), Lindsey Graham (R-S.C.), Mitch McConnell (R-Ky.), Richard Shelby (R-Ala.), and Roger Wicker (R-Miss.).

Grassley’s participation in the brief is notable because the state he represents in the U.S. Senate, Iowa, is among the nine where same-sex marriage is legal. Also of note are the scant 10 signatures on the brief, which falls short of even one-fourth of the 45 members of the Senate GOP caucus.

Fred Sainz, vice president of communications for the Human Rights Campaign, said the brief’s argument that DOMA should be upheld to discourage efforts to legalize same-sex marriage at the state level demonstrates how “arguments made by our opponents get more tortured with every passing day.”

“This is a great example of how far down the rabbit hole they have to go to find justifications for discrimination,” Sainz said. “In essence, the senators are arguing that committed and loving gay and lesbian couples want to get married just for the benefits. Not only is it a ridiculous argument, it’s an affront to our humanity and any reasonable American would see it as such.”

The brief has three main arguments for why DOMA should be upheld: 1) DOMA didn’t change federal law, but reaffirmed the existing definition of marriage; 2) DOMA promotes a government interest in ensuring uniformity in existing law on marriage; and 3) DOMA ensures federal benefits won’t be used to “undermine traditional marriage” at the state level.

Additionally, the brief notes that one of the friends of the court, Hatch, was chair of the Senate Judiciary Committee at the time DOMA was signed into law and received assurances from the Justice Department the measure would be constitutional. The Obama administration has since said the law violates the U.S. Constitution, and won’t defend the law in court.

“If the Department believed that there was an inadequate federal interest to justify DOMA, the time to speak was in 1996, when Congress gave careful consideration to the need for DOMA,” the brief states. “Rather than urging the courts to give appropriate deference to an Act of Congress, as befits its proper role in our system of government, the Department now groundlessly impugns the motives of the overwhelming bipartisan majority that supported DOMA.”

The brief also disputes the notion that Congress passed DOMA in 1996 out of animus of the basis of the bipartisan support the measure enjoyed at the time, including from then-President Bill Clinton, who signed the measure into law. Clinton has since called for repeal of DOMA.

“The fact that DOMA passed both houses of Congress with overwhelming support across the political spectrum, and was signed by into law by President Clinton, further undercuts any attempt to characterize it as the result of unconstitutional ‘animus,'” the brief states. “Many DOMA supporters were on record as opposing discrimination against gays and lesbians.”

The attorney who signed the brief is Michael Stern, an attorney based in Fairfax, Va., who’s contributed to Republican political campaigns.

[h/t] Equality on Trial

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Hungary

JD Vance to travel to Hungary next week

Country’s elections to take place on April 12

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Vice President JD Vance speaks at CPAC on Feb. 20, 2024. He and his wife, Usha Vance, will travel to Hungary next week. (Washington Blade photo by Michael Key)

Vice President JD Vance and his wife, second lady Usha Vance, will visit Hungary next week.

An announcement the White House released on Thursday said the Vances will be in Budapest, the Hungarian capital, from April 7-8.

JD Vance “will hold bilateral meetings with” Hungarian Prime Minister Viktor Orbán. The announcement further indicates the vice president “will also deliver remarks on the rich partnership between the United States and Hungary.”

The Vances will travel to Hungary less than a week before the country’s parliamentary elections take place on April 12.

Orbán, who has been in office since 2010, and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.

The Associated Press notes polls indicate Orbán is trailing Péter Magyar and his center-right Tisza party.

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The White House

Pam Bondi ousted as attorney general

Donald Trump announced firing on Thursday

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Now former U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

President Donald Trump removed Attorney General Pam Bondi from her post Thursday, following growing criticism over how she and the Department of Justice handled a range of issues, including matters related to sex offender and Trump ally Jeffrey Epstein.

Trump announced Bondi’s removal on Truth Social, where he also said Todd Blanche will serve as acting head of the Justice Department.

“Pam Bondi is a great American patriot and a loyal friend, who faithfully served as my attorney general over the past year,” Trump wrote on the platform. “Pam did a tremendous job overseeing a massive crackdown on crime across our country, with murders plummeting to their lowest level since 1900.”

Trump was seen as recently as Wednesday with the now-former attorney general at a Supreme Court hearing on citizenship.

The decision contrasts with Trump’s previous public praise of Bondi, the 87th U.S. attorney general and former 37th attorney general of Florida, who served in that role from 2011-2019 before joining the Trump-Vance administration. He has frequently lauded her loyalty and said he speaks with her often. Bondi was also one of president’s defense lawyers during his first impeachment trial.

Privately, however, Trump had grown frustrated that Bondi was not “moving quickly enough” to prosecute critics and political adversaries he wanted to face criminal charges, according to multiple sources. The New York Times reported that her inability to charge former FBI Director James B. Comey and New York Attorney General Letitia James with any crimes is a large factor in the president’s choice to fire her from the government’s primary law enforcement agency.

The move comes as Trump has sought to minimize public turmoil within his administration, avoiding the perception of a revolving-door Cabinet that defined his first term.

Lee Zeldin, a former Republican congressman from New York who unsuccessfully ran for governor, has emerged as a leading contender to lead the Justice Department. He has been one of Trump’s most reliable allies.

“He’s our secret weapon,” Trump said of Zeldin in February during a White House event promoting the coal industry, adding, “He’s getting those approvals done in record-setting time.”

Bondi has also growing faced scrutiny from Congress.

The House Oversight Committee recently subpoenaed her to testify about the department’s handling of certain files, where she declined to answer key questions during a contentious House Judiciary Committee hearing in February.

The Tampa native has a long history of opposing LGBTQ rights through her roles in government. As Florida attorney general, she fought against the legalization of same-sex marriage, arguing it would cause “serious public harm,” pushing forward a legal battle that cost taxpayers nearly half a million dollars. She also asked the Florida Supreme Court to overturn a lower court ruling that found the state’s same-sex marriage ban unconstitutional.

More recently, Bondi established a “Title IX Special Investigations Team” within the Justice Department focused on restricting transgender women and girls from participating in women’s and girls’ sports teams and accessing facilities aligned with their gender identity. She also told Children’s Hospital of Philadelphia to turn over the medical records of anyone under 19 who received gender-affirming care.

Her removal follows Trump’s decision last month to oust another controversial female Cabinet figure, Kristi Noem.

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The White House

VIDEO: Gay journalist detained for booing Trumps at ‘Chicago’ opening night

Eugene Ramirez booed first family at Kennedy Center

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Eugene Ramirez outside of the Kennedy Center after the ordeal, holding a First Amendment rights protest sign he found. (Photo courtesy of Eugene Ramirez)

President Donald Trump and first lady Melania Trump attended the opening night of “Chicago” at the John F. Kennedy Center for the Performing Arts on Tuesday. They were greeted by a mix of cheers, applause, and some audible boos.

Among them was Eugene Ramirez, a gay Washington resident, who later shared his account of the night after being briefly detained by security for booing the president and giving a thumbs-down gesture — an expression of what many would call a textbook definition of constitutionally protected speech to criticize the government.

Ramirez attended the opening night performance with a group of friends, hoping to catch a final show before the center undergoes two years of major changes under Trump oversight. The musical, based on a 1926 play of the same name, has become synonymous with Broadway success.

With music by John Kander, lyrics by Fred Ebb, and a book by Ebb and Bob Fosse, “Chicago” has cemented itself as a cultural staple — known for its signature Fosse choreography, stripped-down staging, and sleek, campy aesthetic. The story follows Roxie Hart and Velma Kelly, women who murder their husbands but — with the help of the manipulative, charismatic, and narcissistic attorney Billy Flynn — walk away scot-free.

It remains the longest-running American musical in Broadway history, and its 2002 film adaptation famously won the Academy Award for Best Picture. On this night, however, the production also became the backdrop for a very modern moment of political protest.

“I accompanied five friends to opening night of ‘Chicago’, as a way to enjoy a final performance in the Kennedy Center as we know it,” Ramirez began to recount to the Washington Blade, describing the moment his group settled into their seats inside the ornate Opera House theater.

Just before the performance began, the twice impeached president and first lady appeared in the balcony box, drawing immediate attention from the audience below. Theatergoers stood, cheered, clapped, and waved, while Ramirez made a different choice.

While accounts of the crowd’s reaction have varied, Ramirez said his response was intentional, immediate, and within his rights. Moments after booing and giving a thumbs-down while recording on his iPhone, security intervened.

The video of Ramirez booing the Trump’s is here:

“Within moments, the director [of security] and another guard approached and escorted me to a side area where several other security guards were waiting,” he said. “I was detained until everyone was seated and the lights dimmed.”

As he was escorted away, Ramirez said his instincts as a journalist kicked in. A former lead anchor for Sinclair’s national evening news broadcast, he said the situation immediately felt off — or more aptly put — as if he could see the strings being pulled from someone attempting to control the narrative.

“Journalism is a vocation, not just a job. I immediately knew there wasn’t just an uncomfortable interaction with security,” he said. “The Kennedy Center is a federally funded cultural institution, and being questioned about speech related to the president in that setting felt like something the public should know about.”

Ramirez explained the difference between a standard visit by a public official and this performance: the president’s appearance wasn’t just ceremonial; it was very clearly a media moment.

“The White House press pool was there, and it was clear this was an effort to manage the president’s image in the media,” Ramirez continued. “The irony was not lost on me that this was happening on opening night of ‘Chicago’, a musical about manipulating the press to shape public perception.”

According to Ramirez, the explanation he received from Kennedy Center Director of Safety and Security Karles C. Jackson Sr., was brief, but illuminating.

“He said, ‘they don’t want booing,’ and even called out my thumbs-down gesture. He never clarified who ‘they’ were, but whether it was the administration or the Kennedy Center, the distinction felt meaningless,” he explained. “Mr. Jackson ultimately told me he was just trying to do his job, shook my hand, and allowed me to return to my seat once the lights dimmed and the overture started playing.”

Ramirez said he didn’t blame the guard individually, noting the broader context of the Kennedy Center’s uncertain future and the pressures staff were under.

“With the center closing in the coming months, some of these security guards being pressured to restrict our freedom of speech may only have a few weeks of work left.”

He believes the decision to remove him was driven less by disruption than optics, particularly given the presence of the press.

“It was very clearly about protection — whether protecting the president from visible dissent, or his image before the media present. There was no disruption as almost everyone was standing and reacting loudly to the arrival of the president and first lady, with cheers, applause, and hand gestures. The difference was that my reaction, unlike most, was negative.”

Drawing on his experience covering public officials, Ramirez said the incident felt more about controlling perception than security.

“Usually, law enforcement may monitor or intervene if there’s a disruption, but here there was no disruption at all. Simply expressing dissent in a public, cultural space drew the attention of security. It made it feel less like a matter of decorum and more like an effort to control the narrative around the president,” he said. “It’s about what happens when dissent is treated as disruption rather than a right.”

“The show hadn’t started. I threatened no one. Billy Flynn would have approved of the optics. The rest of us should be paying attention.”

Ramirez framed the incident as part of a broader constitutional concern, one that is plaguing the Trump-Vance administration as they continue to reject rules and normalcy set forth by other reserved presidents.

“Being singled out by security at a federally funded institution for expressing dissent shouldn’t be brushed off; it undermines the First Amendment,” he said, looking at it slightly distanced from it now. “Being of Cuban heritage, and a journalist, it’s a right I’m not willing to give up readily.”

“Publicly funded cultural institutions should allow visible dissent, even in politically charged moments,” he added. “Of course, I understand the need to manage disruptions during a performance, but that was not the case here.”

The themes of “Chicago”, a long-running satire about media manipulation and public perception, added another layer of irony to the experience, Ramirez explained.

“The satire truly leapt off the stage! A show about controlling the narrative, manipulating the press, and covering up truths by leaning on showmanship and distractions. The show is decades old, but could’ve been written today. We’re being razzle-dazzled daily and it’s getting harder to tell fact from fiction, no matter where you get your news.”

He, being gay, also acknowledged how hard it must have been for the performers on stage, assuming that at least some in the cast were also members of the LGBTQ community — and artists — two things Trump doesn’t always get along with.

“It was not lost on me that many of the actors on that stage, that the president and first lady presumably applauded, are members of the LGBTQ community which this administration has rolled back protections for under the guise of religious liberty and free speech, resulting in blatant discrimination.”

He pointed to a particular number that felt surreal given the circumstances.

“Its ‘Razzle Dazzle’ number celebrates keeping audiences off balance; at its climax, a massive American flag descends as the song celebrates blinding audiences to what is real. Watching that scene after being detained for a thumbs-down was surreal.”

Ramirez said the show’s closing lines were especially sharp given the presidential audience and what he just experienced.

“At the end of the show,

Velma says: ‘You know, a lot of people have lost faith in America.’

Roxie replies: ‘And for what America stands for.’

Velma: ‘But we are the living examples of what a wonderful country this is.’

Roxie: ‘So we’d just like to say thank you and God bless you.’

They had both just gotten away with murder!”

His closing lines, however, were a bit more pointed than “scintillating sinners” Roxie Hart and Velma Kelly’s were in the show.

“Democracy only works when citizens are allowed to boo,” he said. “Tuesday night at the Kennedy Center, ‘Chicago’ made that point better than I ever could.”

The Blade reached out to the Kennedy Center but did not receive a comment back.

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