National
In historic week, a chorus of support for marriage equality
NFL players, major corporations, politicians denounce DOMA, Prop 8
Mike Neubecker signed a PFLAG brief against Prop 8 for his son-in-law David (right). (Washington Blade photo by Michael Key)
A slew of legal briefs — signed by parties ranging from NFL players to LGBT advocates to businesses — were filed this week before the U.S. Supreme Court in lawsuits challenging California’s Proposition 8 and the Defense of Marriage Act.
During a news conference held on Thursday by the Respect for Marriage Coalition, a number of parties that filed briefs in the cases spoke out on why they were calling on the Supreme Court to issue rulings striking down Prop 8 and DOMA.
Mike Neubacker, a self-avowed devout Christian from Michigan, held back tears as he explained why he penned his name to a brief against Prop 8 filed by the LGBT group PFLAG. He and his wife, Janice, signed the brief on behalf of his son Lee, his spouse David and their two children.
“I met a lot of people in PFLAG, and signed on to this brief also knowing all the people that helped me besides my own family,” Neubacker said. “For me, marriage, when I say that I’ve been married 41 years to my wife, I usually get applause if I’m speaking somewhere because there’s that respect for marriage that’s understood. Right away, they immediately know the relationship and what we meant to each other. I want Lee and David to have that same recognition when they say they’re married.”
Gay former Rep. Jim Kolbe of Arizona was among the 131 Republicans who signed another brief against Prop 8 — which was also signed by former Republican presidential candidate Jon Huntsman, former California gubernatorial candidate Meg Whitman, director Clint Eastwood as well as Reps. Ileana Ros-Lehtinen (R-Fla.) and Richard Hanna (R-N.Y.). He also spoke at the news conference in terms of DOMA’s impact on bi-national same-sex couples.
“My partner is from Panama,” Kolbe said. “He’s been here for a number of years. He’s a Fulbright scholar, master’s degree in special education, bilingual education specialist, but our getting married does not permit the right to immigrate to this country, so our struggle to get immigration for him has been a long and very difficult one for him.”
Two separate briefs were filed in the DOMA case and the Prop 8 case that were signed by a number of LGBT advocacy groups, including the Human Rights Campaign, the National Center for Lesbian Rights, the National Gay & Lesbian Task Force, the Courage Campaign and the Center for American Progress, as well as other civil rights groups such as the National Council of La Raza and the National Immigration Forum.
Both briefs argue that Prop 8 and DOMA should be ruled unconstitutional because laws related to sexual orientation merit heightened scrutiny in the courts.
“Amici urge the Court to hold that classifications based on sexual orientation are subject to heightened scrutiny, so that governments cannot use invented, after-the-fact rationalizations to mask and justify discrimination based on prejudice, antipathy, or baseless stereotypes,” the Prop 8 brief states. “Discrimination based on sexual orientation bears the same essential hallmarks as other kinds of discrimination that have long received heightened scrutiny, and it should be treated no differently under the law.”
Gay & Lesbian Advocates & Defenders and Lambda Legal, which had filed their cases against DOMA that didn’t reach the Supreme Court, also filed their own brief in the case challenging the 1996 anti-gay law.
That 39-page brief also maintains DOMA should be subject to heightened scrutiny, but also argues the law would fail under a lower standard of rational basis review.
“DOMA bears each of the various indicia the Court has considered when it has invalidated laws under rational basis review,” the brief states. “DOMA both targets a group disliked at the time of its passage and impacts important personal interests. It arose not out of the usual process of allocating federal rights and benefits but as a one-time departure from the traditional method of predicating eligibility for federal marriage-based protections on a couple’s marital status under state law.”
Another brief was filed in the Prop 8 case by National Football League players known for their support for marriage equality: Chris Kluwe, punter for the Minnesota Vikings, and Brendon Ayanbadejo, linebacker for the Super Bowl champion Baltimore Ravens.
The football players argue that professional sports play a major role in shaping public opinion and Prop 8 should be ruled unconstitutional because the earlier decision from the U.S. Ninth Circuit Court of Appeals striking down the measure is consistent with the constitution.
“The NFL, NHL, MLB, and NBA, at the league level, team level, and individual level, are finally speaking out against homophobia and intolerance of LBGTQ individuals,” the brief states. “More and more of us realize that using demeaning slur words like ‘faggot,’ ‘queer,’ and ‘gay’ can have serious, negative consequences.”
The deadline for filing in the Prop 8 case was Thursday and the deadline for filing in the DOMA case was Friday. In the Prop 8 case, oral arguments are set for March 26; they’re set the day after on March 27 in the DOMA case. Justices are expected to render a decision before their term ends in June.
A list of other friend-of-the-court briefs filed in the Prop 8 and DOMA cases follows. The Washington Blade has written more extensive articles on some of these briefs already.
Friend-of-the-court briefs against Prop 8
• Amid calls from LGBT advocates, the Obama administration a filed legal brief against California’s same-sex marriage ban. The brief focuses on the unconstitutionality of Prop 8, but Obama himself said the reasoning in the brief could be applied to other laws.
• A “red” state coalition of groups that operate where same-sex marriage is illegal — ranging from the Utah Pride Center, to the Campaign for Southern Equality, to Equality Virginia — filed a brief arguing that both Prop 8 and DOMA should be subject to heightened scrutiny.
• A coalition of state attorneys general, including Connecticut Attorney General George Jepsen, D.C. Attorney General Irvin Nathan, Illinois Attorney General Lisa Madigan, filed another brief against Prop 8.
• California Gov. Jerry Brown (D), who has declined to defend Prop 8 in court, also filed a brief calling on the court to strike down the measure.
• Gay California Assembly Speaker John Perez — who’s reportedly on Obama’s short list as the next labor secretary — filed with law professors a brief against Prop 8 arguing that laws preventing equal political participation merit heightened scrutiny.
• Equality California filed a brief against Prop 8 with a different focus, arguing that proponents of the measure don’t have standing to defend the law in court.
• The libertarian think-tank known as the Cato Institute joined the Constitutional Accountability Center filed a brief arguing that Prop 8 violates equal protection under the U.S. Constitution.
Friend-of-the-court briefs against DOMA
• 212 congressional Democrats filed a brief against DOMA, marking the first time ever that House and Senate lawmakers have joined together in calling the anti-gay law unconstitutional.
• The LGBT military group OutServe-SLDN filed a brief against DOMA emphasizing the harm it causes gay service members with same-sex partners.
• A coalition of 278 of municipalities and businesses, including Google, Twitter and Microsoft, filed a brief maintaining DOMA is unconstitutional because it requires employers to discriminate against married gay employees.
• The Family Equality Council and the Gay, Lesbian & Straight Education Network filed a brief with allied organizations against both DOMA and Prop 8.
• The American Bar Association filed a brief asking the U.S. Supreme Court to consider the “serious obstacles” that DOMA imposes on lawyers’ clients who are same-sex couples legally married under state law.
• The Gay & Lesbian Medical Association filed briefs in both the Prop 8 and DOMA cases highlighting for the justices the scientific and clinical evidence that sexual orientation is an innate human characteristic.
• Trevor Potter, gay adviser to John McCain’s 2008 presidential campaign and author of McCain-Feingold, signed a brief against DOMA filed by former federal election commissioners. That brief argues DOMA — when superimposed onto federal campaign finance law — legally bars married gays and lesbians from political expression and association opportunities that are afforded to other married citizens.
Michael K. Lavers contributed to this report.
New York
N.Y. lawmaker vows ‘Pride flag will fly again’ at Stonewall Monument
After a Jan. 21 policy shift, Pride flags were banned at national parks, prompting backlash from Bottcher and LGBTQ advocates.
Hours after news broke that the National Park Service would no longer allow Pride flags to fly at the Stonewall National Monument — the birthplace of the modern LGBTQ rights movement in the United States — the Washington Blade spoke with New York State Sen. Erik Bottcher, who represents the area surrounding the Stonewall Inn and the national monument.
During the interview, Bottcher, who is gay, spoke about the policy change and outlined steps he plans to take in the coming days to push for its reversal.
“This is another act of erasure,” Bottcher told the Blade. “It’s a cowardly attempt to rewrite history and to intimidate our community. This is Stonewall — it’s where we fought back, where we ignited a global movement for equality — and we refuse to go back. We’re not going to accept these acts of erasure.”
The Stonewall Inn became a flashpoint in 1969 after NYPD officers raided the bar, part of a longstanding pattern of police harassment of LGBTQ spaces. The raid sparked days of protest and resistance along Christopher Street, now widely recognized as the catalyst for the modern LGBTQ rights movement.
While the events are often referred to as the “Stonewall Riots,” many activists and historians prefer the term “Stonewall Uprising,” emphasizing that the resistance was a response to systemic oppression rather than senseless violence. LGBTQ patrons and community members fought back — shouting “Gay Power!” and “Liberate Christopher Street!” — as crowds grew and frustration with police abuse boiled over.
Since the uprising, LGBTQ people and allies have gathered annually in June to commemorate Stonewall and to celebrate Pride, honoring the movement that placed LGBTQ voices at the center of the fight for equality.
In June 2016, then President Barack Obama officially designated the space as the Stonewall National Monument, making it the United States’s first national monument designated for an LGBTQ historic site.
Now, nearly 10 years later, President Trump’s appointed NPS acting director Jessica Bowron changed policy on Jan. 21 regarding which flags are allowed to be flown in national parks. Many, including Bottcher, say this is part of a larger targeted and deliberate attempt by the administration to erase LGBTQ history.
“It’s clear they’re making a conscious decision to erase the symbols of our community from a monument to our community’s struggle,” he said. “This is a calculated and premeditated decision, and it could be — and should be — reversed.”
“Let’s be clear,” Bottcher added, “they wish we didn’t exist … But we’re not going anywhere. We refuse to go back into the shadows.”
When asked why it is critical to challenge the policy, Bottcher emphasized the importance of visibility in preserving LGBTQ history.
“This is why it’s so important that we not let this stand,” he said. “Visibility is critical. When people see us, learn about us, and get to know us, that’s how we break down prejudice and stereotypes. We cannot allow them to push us back into the shadows.”
Other LGBTQ leaders and elected officials were quick to condemn the removal of the Pride flag, which had flown since the site’s official designation as a national monument.
New York City Mayor Zohran Mamdani called the decision “outrageous.”
“I am outraged by the removal of the Rainbow Pride Flag from Stonewall National Monument,” Mamdani said in a statement. “New York is the birthplace of the modern LGBTQ+ rights movement, and no act of erasure will ever change or silence that history.”
“Our city has a duty not just to honor this legacy, but to live up to it,” he added. “I will always fight for a New York City that invests in our LGBTQ+ community, defends their dignity, and protects every one of our neighbors — without exception.”
Senate Minority Leader Chuck Schumer also condemned the move.
“The removal of the Pride Rainbow Flag from the Stonewall National Monument is a deeply outrageous action that must be reversed immediately,” Schumer said in a statement to The Advocate. “Stonewall is a landmark because it is the birthplace of the modern LGBTQ rights movement, and symbols of that legacy belong there by both history and principle.”
Cathy Renna, communications director for the National LGBTQ Task Force, said the flag’s removal will not erase the movement it represents.
“They can take down a flag, but they can’t take down our history,” Renna said. “Stonewall is sacred ground rooted in resistance, liberation, and the legacy of trans and queer trailblazers who changed the course of history.”
Human Rights Campaign National Press Secretary Brandon Wolf echoed that sentiment.
“Bad news for the Trump administration: these colors don’t run,” Wolf said. “The Stonewall Inn and Visitors Center are privately owned, their flags are still flying high, and that community is just as queer today as it was yesterday.”
Tyler Hack, executive director of the Christopher Street Project, said the removal was aimed squarely at LGBTQ visibility.
“The Pride flag was removed from Stonewall for one reason: to further erase queer and trans people from public life,” Hack said. “Stonewall marks the moment when queer and trans people fought back and demanded dignity. Our history is not theirs to erase.”
Bottcher closed with a promise to his constituents — and to the broader LGBTQ community — that the Pride flag’s removal would not be permanent.
“We will not be erased. We will not be silenced,” he said. “And the Pride flag will fly again at the birthplace of our movement.”
Florida
Disney’s Gay Days ‘has not been canceled’ despite political challenges
GayDays is moving forward with its planned LGBTQ meet-up
Gay Days in Orlando is preparing for its 2026 gathering though organizers have yet to release full details.
Concerns emerged about the status of the annual meetup of LGBTQ people at Walt Disney World in Orlando, Fla., after social media posts and multiple news outlets reported the event would not take place this year.
In response to inquiries from the Blade, Josh Duke, co-owner of Gay Days, clarified that an update would come this week.
“At this time, I’d like to clarify that Gay Days Orlando has not been canceled,” an email to the Blade said. “We are currently finalizing details regarding our plans for 2026 and will be making an official announcement later this week.”
Earlier this week, Gay Days posted about a pause in their plans for the annual meeting, which quickly gained traction online.
In an official statement on social media, Gay Days organizers cited several factors behind what had initially appeared to be a cancellation of their 2026 event.
“Changes to our host hotel agreement, the loss of key sponsorship support, and broader challenges currently impacting LGBTQIA+ events nationwide made it impossible to deliver the experience our community deserves,” organizers wrote. However, the statement added, “This is a pause — not an ending.”
In a longer message shared with supporters, organizers elaborated on that now-reversed decision.
“Gay Days Family — it is with very heavy hearts that we share Gay Days 2026 will not take place this year. This was an incredibly difficult decision and one that was only made after every possible option was explored.
“Gay Days has always been more than an event — it is community, family, and a place where so many memories are made. While this pause is painful, it also gives us the opportunity to step back, listen, and begin shaping a stronger and reimagined GayDays for the future. Thank you for your continued love, patience, and support. This is not goodbye — it’s a reset, and we look forward to creating the future of GayDays together.”
GayDays, which began in 1991, encourages queer Disney fans to visit the Orlando theme park while wearing red shirts to identify one another. Originally focused on gay men reclaiming the childhood joy often denied due to homophobia, the event has expanded over the years to include LGBTQ+ families on summer vacations and queer couples honeymooning in the Magic Kingdom.
Disney made history in 2019 by holding its first-ever official Pride event at its European park, Disneyland Paris. In 2023, Disneyland California hosted the first U.S. official Pride event.
Concerns about the potential cancellation had arisen amid broader challenges affecting LGBTQ events nationwide. These include changes in hotel agreements, sponsorship support, and Florida’s increasingly restrictive anti-LGBTQ policies under Gov. Ron DeSantis. Florida currently has an equality score of -3.00 out of 49 from the Movement Advancement Project, which evaluates states based on policies affecting relationship and parental recognition, nondiscrimination, religious exemptions, LGBTQ youth, healthcare, criminal justice, and transgender identity documentation.
Recent legislation in Florida has included prohibitions on hormone replacement therapy for transgender minors, restrictions on adult access to treatment, bans on drag performances for those under 18, bathroom bans for transgender people in state buildings, and expansion of the Parental Rights in Education Act, commonly called the “Don’t Say Gay” law. These measures limit public school instruction or discussion about sexual orientation and gender identity.
Gay Days Anaheim is scheduled to take place at Disneyland Resort in September.
Disney has also maintained a focus on Pride, reporting in 2022 that proceeds from Pride merchandise benefited numerous LGBTQ organizations, including GLSEN, PFLAG, The Trevor Project, Zebra Coalition, the Los Angeles LGBT Center, the LGBT Center Orange County, the San Francisco LGBT Center, and the Ali Forney Center. Pride merchandise sold internationally supports local LGBTQ organizations in those regions.
More details about this event are expected to be released on Friday.
New York
Pride flag removed from Stonewall Monument as Trump targets LGBTQ landmarks
The new NPS policy targets Pride flags amid consistent efforts from the Trump administration to minimize LGBTQ history.
A rainbow Pride flag flying at the Stonewall National Monument in New York was removed at the direction of Trump administration officials at the National Park Service, according to a source familiar with the matter who spoke to the Blade on condition of anonymity.
The source said the move had been in the works for weeks and is part of ongoing efforts by the Trump-Vance administration to erase LGBTQ identity from federally controlled landmarks.
In response to the Blade’s request for information about the new flag policy, the National Park Service provided the following statement:
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points. The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose. These include historical context or reenactments, current military branch flags, flags of federally recognized tribal nations affiliated with a park, flags at sites co-managed with other federal, state, or municipal partners, flags required for international park designations, and flags displayed under agreements with U.S. Citizenship and Immigration Services for Naturalization ceremonies.”
The statement also included official guidance on the display of non-agency flags issued by Trump-appointed National Park Service Director Jessica Bowron.
The Blade reached out to other organizations to confirm the status of the Pride flag last week, including the Stonewall National Monument Visitor Center, the NYC Landmarks Preservation Commission, and the National Parks Conservation Association. None were able to provide details about whether the flag was still flying at that time but it has since been removed.
This action aligns with other moves targeting and erasing LGBTQ history. In September, the Blade reported that three organizations originally slated to receive more than $1.25 million from the National Park Service’s Underrepresented Communities Grant Program would no longer receive funding: In Washington, D.C., the Preservation League had been awarded $75,000 to document LGBTQ+ historic resources. In Providence, R.I., the Preservation Society was slated for $74,692 to conduct an LGBTQ+ survey and prepare a National Register nomination. And in New York, the Fund for the City of New York, Inc., had been awarded $32,000 to nominate the residence of Bayard Rustin — the iconic civil rights and LGBTQ activist — as a National Historic Landmark.
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