National

DOJ calls on Supreme Court to strike down DOMA

Obama administration cites ‘severe harms’ for gay couples

Published

14 years ago

February 22, 2013

DOJ filed a brief before the Supreme Court arguing DOMA is unconstitutional. (Washington Blade file photo by Michael Key)

The Obama administration on Friday argued that the Defense of Marriage Act should be struck down by the Supreme Court because it “inflicts a vast array of…severe harms” on married same-sex couples.

In a 54-page legal brief, the U.S. Justice Department lays out its case for why it believes Section 3 of DOMA is unconstitutional — noting the harm the law causes married same-sex couples and the history of discrimination against gay and lesbian people — while arguing that DOMA should be subjected to heightened scrutiny, or a greater assumption it’s unconstitutional.

“The law denies to tens of thousands of same-sex couples who are legally married under state law an array of important federal benefits that are available to legally married opposite-sex couples,” the brief states. “Because this discrimination cannot be justified as substantially furthering any important governmental interest, Section 3 is unconstitutional.”

The brief is signed by Solicitor General Donald Verrilli as well as Stuart Delery, the gay principal deputy attorney general who’s litigated against DOMA in oral arguments in lower courts. The lawsuit before the Supreme Court is known as Windsor v. United States, which was filed by the American Civil Liberties Union.

The brief enumerates several benefits that are withheld from married same-sex couples under DOMA, such as the denial of certain housing benefits for service members, the lack of Social Security survivor benefits and the inability of gay Americans to sponsor their foreign-born same-sex spouses for residency in the United States. It also notes plaintiff and New York widower Edith Windsor was forced to pay $363,000 in estate taxes upon the death of her spouse, Thea Spyer.

But the Justice Department also makes the case that laws related to sexual orientation should be subjected to heightened scrutiny because gay people have been subjected to a history of discrimination, citing bias in employment and immigration as well as vulnerability to hate crimes and police harassment.

Additionally, the brief contends DOMA merits heightened scrutiny because sexual orientation bears no relation on an individual’s ability to contribute to society and gays are a minority with limited political power.

“Historically, discrimination against gay and lesbian people had nothing to do with ability or performance, but rested instead on the view that they are, for example, sexual deviants, mentally ill, or immoral,” the brief states. “Like gender, race,or religion, sexual orientation bears no inherent relation to a person’s ability to participate in or contribute to society.”

While asserting DOMA fails the test of heightened scrutiny, the Justice Department says it doesn’t challenge the law if a lower standard of rational basis review were applied. However, even under this standard, the brief maintains the law would fail under a more searching form of that review.

“To the extent sexual orientation may be considered to fall short in some dimension, the history of discrimination and the absence of relation to one’s capabilities associated with this particular classification would uniquely qualify it for scrutiny under an approach that calls for a measure of added focus to guard against giving effect to a desire to harm an ‘unpopular group,'” the brief states. “Section 3 would fail to satisfy any such analysis, largely for the reasons it fails heightened scrutiny.”

In addition to the merits brief, the Justice Department filed on the same day another brief addressing jurisdictional questions in the case. That brief responds to questions over whether the executive branch agrees DOMA is unconstitutional and whether the House Republican-led Bipartisan Legal Advisory Group has standing to participate. BLAG, following a party-line vote of 3-2, has taken up defense of DOMA in the administration’s stead.

In that 38-page brief, the Justice Department contends the Supreme Court has jurisdiction, but BLAG lacks standing to seek review of lower court decisions striking down DOMA.

“BLAG is an entity located within the Legislative Branch,” the brief states. “The Constitution assigns to that Branch only specifically enumerated ‘legislative powers.’ … Although Congress (and the individual Houses) may create offices to assist with legislative tasks, the authority of such an office may not include the ‘discretionary power to seek judicial relief’ on behalf of the United States.”

Also on Friday, other briefs were filed by the ACLU and BLAG in response to the jurisdictional questions in the case. In its brief, BLAG argues it can participate in the lawsuit, but the Justice Department doesn’t have standing to take part.

LGBT advocates have been calling on the Obama administration to file a similar brief in the lawsuit pending before the Supreme Court challenging California’s Proposition 8. As of Thursday, the White House hasn’t said whether the administration will file a brief, although President Obama said the solicitor general is “looking” at such action. The deadline for the Obama administration to file a brief in the case is Thursday.

In the DOMA case, the next step is for the ACLU to file its brief on the merits, which is expected on Tuesday. Oral arguments in the case are set for March 27 and justices are expected to render a decision before their term ends in June.

Related Topics:Defense of Marriage Act DOMA Donald Verrilli Homepage Headlines Justice Department Supreme Court

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Arizona

Shooting outside gay bar in Ariz. leaves three dead

Tucson police investigating double murder-suicide as a hate crime

Published

9 hours ago

September 1, 2026

Joe Reberkenny

The shooting happened outside Venture-N bar in Tucson, Ariz. (Washington Blade photo by Michael K. Lavers)

Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.

Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.

The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.

Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.

Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.

Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.

“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”

According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.

Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.

“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”

“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”

Other federal lawmakers also condemned the shooting.

The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.

“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”

The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.

“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”

A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.

Congress

HRC president campaigns for Chris Pappas in NH

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

Published

1 day ago

August 31, 2026

Michael K. Lavers

Human Rights Campaign President Kelley Robinson, left, campaigns with U.S. Rep. Chris Pappas (D-N.H.) in Manchester, N.H., on Aug. 30, 2026. (Photo courtesy of the Human Rights Campaign)

Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.

Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.

We’re hitting the pavement across New Hampshire to fight for a freer, fairer future for everyone.

Glad to have Human Rights Campaign President @KelleyJRobinson join us for a canvass launch in Manchester today. pic.twitter.com/XWCEaQxy4o

— Chris Pappas (@ChrisPappasNH) August 30, 2026

Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.

Karishma Manzur is among the Democrats challenging Pappas.

A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.

The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

National

Milo Yiannopoulos deported to UK

ICE arrested far-right provocateur in New Orleans on Thursday

Published

4 days ago

August 28, 2026

Michael K. Lavers

Milo Yiannopoulos (Photo via Homeland Security @DHSgov/X account)

Editor’s note: The Department of Homeland Security on Saturday said Milo Yiannopoulos has been deported to the U.K.

U.S. Immigration and Customs Enforcement on Thursday arrested far-right provocateur Milo Yiannopoulos.

A DHS spokesperson in a statement sent to the Washington Blade said ICE arrested Yiannopoulos, who they described as “an illegal alien from the United Kingdom,” at Louis Armstrong New Orleans International Airport.

The DHS spokesperson said Yiannopoulos “legally entered the country” in New York on May 14, 2019.

“He chose to overstay his welcome in violation of our nation’s laws,” said the spokesperson.

The DHS spokesperson said an immigration judge on July 22 “issued a final order of removal” for Yiannopoulos “after failing to show up for his immigration hearing.” The Times-Picayune newspaper in New Orleans on Friday reported Yiannopoulos is being held at an ICE detention center in Alexandria, La., which is about 200 miles northwest of the Crescent City.

“He will remain in ICE custody pending removal,” said the DHS spokesperson.

Yiannopoulos has, among other things, repeatedly targeted transgender people and Muslims.

The American Conservative Union, which organizes the annual Conversative Political Action Conference, in 2017 disinvited Yiannopoulos from speaking at that year’s CPAC after a video in which he appeared to condone sex between adults and underage boys emerged. Yiannopoulos subsequently resigned from Breitbart News, a far-right news website, where he had been a senior editor.

Yiannopoulos later that year married his boyfriend in Hawaii. The far-right provocateur in 2021 claimed he was an “ex-gay.”

The Australian government in 2019 banned Yiannopoulos from entering the country “on character grounds.” Yiannopoulos was also banned from Facebook, Twitter (now X), and other social media platforms.

**Milo Yiannopoulos** speaks at a “Gays for Trump” event during the 2016 Republican National Convention in Cleveland. (Washington Blade file photo by Michael Key)

The Times-Picayune reported Yiannopoulos “most recently worked for” Ye, formerly known as Kanye West.

The controversial rapper is scheduled to perform in New Orleans on Friday.

Laura Loomer, a far-right conspiracy theorist who is close to President Donald Trump, has called for Yiannopoulos’s deportation. Loomer on Friday wrote on X that she “reported him to ICE and the FBI” after he “called for me to be assassinated.”