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In historic week, a chorus of support for marriage equality

NFL players, major corporations, politicians denounce DOMA, Prop 8

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Mike Neubecker, gay news, gay marriage, Respect for Marriage Coalition, gay news, Washington Blade
Mike Neubecker, gay news, gay marriage, Respect for Marriage Coalition, gay news, Washington Blade

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.

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HIV/AIDS group NMAC is ‘destabilized’ and in financial crisis: sources

Organization disputes allegations of mismanagement by new CEO

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NMAC CEO Harold Phillips (Blade file photo by Michael Key)

A statement sent to the Washington Blade by an anonymous source claiming to be a current staff member at NMAC, formerly known as the National Minority AIDS Council, alleges that the prominent HIV/AIDS advocacy organization is facing “a rapid and systemic collapse of leadership, governance, and ethical standards.”   

The three-page detailed statement sent on April 4 by someone identifying himself only as “John Doe” includes multiple specific allegations that NMAC CEO Harold Phillips, who began his position in October 2025, “has destabilized the organization at every level,” including hiring nine new high-level appointees with salaries of $220,000 each who are performing “duplicative and unjustifiable roles.”

The Blade was able to corroborate some of the allegations by talking to two other knowledgable sources who spoke on condition of anonymity. Those sources said they had received the John Doe statement and believed many, if not most, of its allegations were accurate.

With a total staff of about 30 to 35 employees, the John Doe statement claims the high salaries of the nine new staff members have added to financial problems NMAC has been facing in recent years. It says that at least two NMAC staffers who raised concerns about Phillips’s actions were terminated on grounds of insubordination.

One of the two anonymous sources who spoke to the Blade said one of the dismissed staff members was considering filing a lawsuit against NMAC in response to the firing.  

“An external firm was recently brought in to assess the organizational health,” the John Doe statement to the Blade says. “The findings were staggering — more than 50% of staff reported they are actively seeking employment elsewhere,” it says. 

The Blade sent the John Doe statement to NMAC this week and asked for a response to the allegations.

NMAC spokesperson Jennifer Moore Phillips, who serves as chief strategy officer and who is not related to Harold Phillips, sent the Blade a short statement calling the John Doe allegations “false and purposefully misleading,” but which did not comment on each of the specific allegations.

“A recent anonymous letter containing unfounded allegations about NMAC makes claims that are simply false and purposefully misleading,” the NMAC statement says. “Evidenced by our new strategic plan and recent successful Biomedical HIV Prevention Summit in Chicago, NMAC’s new leadership is laser focused on delivering on our mission serving the HIV community with renewed energy and vision,” the statement concludes.

The Biomedical HIV Prevention Summit referred to in the statement, which took place in Chicago April 8-10 of this year, is one of the two largest HIV/AIDS related conferences that NMAC organizes each year. Jennifer Phillips said more than 1,400 people attended the event.

The largest NMAC event, the United States Conference on HIV/AIDS, the most recent of which was held in D.C. Sept. 4-7, drew more than 2,400 participants and was hailed by AIDS activists as a highly successful gathering of a diverse group of experts seeking to push for the end to the HIV/AIDS epidemic.

One of the keynote speakers at that conference was Paul Kawata, who served as executive director and CEO of NMAC for 36 years and who delivered his farewell address at the conference following the announcement that he would retire on Oct. 7, 2025.

Many of the conference speakers praised Kawata, who became NMAC’s leader two years after its founding in 1987, as the leading force behind its growth and evolution into one of the nation’s leading HIV/AIDS advocacy organizations with a special outreach to people of color.   

It was at that time that Harold Phillips, who served as director of the White House Office of AIDS Policy under then-President Joe Biden and who later joined NMAC as deputy director before the NMAC board named him Kawata’s successor as CEO, emerged as NMAC’s next leader.

“The Board has exuberantly elected Harold Phillips as our new CEO,” said Lance Toma, chair of the NMAC Board of Directors at the time Phillips’s appointment was announced. “In this unprecedented moment, there is no one more strategically positioned and experienced to lead our movement through what we know will be some of the most tumultuous and complicated times ahead,” the statement said.

The John Doe statement raising questions about Phillips’s actions and leadership says NMAC staff members formally appealed to the board of directors to intervene.

 “The Board has remained silent, while Harold arrogantly told the staff that ‘the board has my back,’” the statement says.

The Blade has also attempted to reach out to Kawata by email for comment on how he feels NMAC is doing six months after his retirement. As of April 14, Kawata had not responded to the Blade’s inquiry.

According to the John Doe statement, NMAC officials have recently “sought external financial rescue,” including a visit by an NMAC official to California to request assistance from the pharmaceutical company Gilead Sciences. “Without such intervention, layoffs seem imminent,” the statement says.

“This is not a functioning nonprofit,” the John Doe statement concludes. “It is an organization in crisis – bleeding resources, hemorrhaging staff, and operating without transparency, accountability, or governance,” it says, adding, “The communities NMAC serves, the donors who fund its mission, and the public at large deserve to know what is happening behind closed doors.”       

By contrast, the NMAC website describes the organization as a highly functioning nonprofit continuing to lead the fight against HIV/AIDS.

“Launched in 1987 during the early years of the HIV/AIDS crisis in the United States, NMAC is a national HIV organization that offers capacity building, leadership development, policy education, and public engagement to end the HIV epidemic among communities most impacted in the United States,” a statement on the NMAC website says.

“In 2026, we mark 45 years of the HIV movement,” the statement adds. “NMAC continues to pivot to center the needs of people of color impacted by HIV by responding to political challenges that threaten federal funding and programs that have provided an essential survival safety net,” it says. “Simultaneously, as HIV treatment allows people to age with HIV, our whole-person approach extends to achieving optimal quality of life beyond attaining viral suppression.”

 In its most recent action, NMAC issued a detailed press release on April 14 criticizing President Donald Trump’s proposed fiscal year 2027 budget provisions that call for cutting more than $1.5 billion in HIV prevention, substance use, housing and other programs. The release provides details on how the cuts would negatively impact important HIV prevention programs and urges Congress to reject the proposed cuts. 

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Federal Government

Inside the LGBTQ records of Todd Blanche and Markwayne Mullin

Two men are acting attorney general, DHS secretary

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From left, Acting U.S. Attorney General Todd Blanche and Homeland Security Secretary Markwayne Mullen (Photos public domain)

President Donald Trump became famous for his use of the phrase “You’re fired!” while hosting the reality TV show “The Apprentice” in the early 2000s. However, during his time in the Oval Office, he has attempted to distance himself from that image.

Despite those efforts, the phrase once again comes to mind as Trump has fired two high-level female Cabinet members within the past month: Pam Bondi and Kristi Noem.

Their replacements — Todd Blanche at the Justice Department and Markwayne Mullin at the Department of Homeland Security — bring records that, while different in depth, both reflect limited support for LGBTQ protections and, in some cases, direct opposition.

Todd Blanche

Acting attorney general

Little has been found regarding Todd Blanche’s LGBTQ history prior to his role as acting head of the Department of Justice. Unlike those who have worked within the Justice Department’s Civil Rights Division or served as state attorneys general, he has not developed a public-facing legal ideology on LGBTQ issues.

Blanche attended American University for his undergraduate studies — like fellow Trump attorney Michael Cohen — where he met his future wife, Kristin, who was studying at nearby Catholic University in D.C.

He began his legal career as an intern at the U.S. Attorney’s Office in Washington, which eventually became a full-time position. He later worked as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003. He and his wife later married and had two children.

Blanche left the U.S. attorney’s office in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.

In his personal capacity, he represented several figures associated with Donald Trump and former New York City Mayor Rudy Giuliani, including Trump’s former campaign manager Paul Manafort, businessman Igor Fruman, and attorney Boris Epshteyn.

In 2024, Blanche switched from Democrat to Republican, aligning himself with Trump’s political orbit. He later served as Trump’s personal defense attorney in the New York State case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to bisexual adult film star Stormy Daniels.

Now the highest-ranking official at the Justice Department, Blanche has played a central role in overseeing the department and has been involved in leadership decisions tied to several controversial actions affecting LGBTQ people.

In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population,” if legal action were taken against NYU Langone. The hospital had “permanently” ended a program earlier that month after the Trump-Vance administration threatened to pull all federal funding if it continued prescribing puberty blockers and hormones to minors.

Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”

“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he said.

Blanche also echoed his predecessor’s public stance on limiting LGBTQ-related protections at the federal level, aligning with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessions in schools and limits lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.

Calling it “another great decision that came down today,” Blanche argued that the ruling “restores parents’ rights to decide their child’s education,” adding: “It seems like a basic idea, but it took the Supreme Court to set the record straight, and we thank them for that. And now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”

In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse, and rape under the Prison Rape Elimination Act. The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.

Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”

Blanche is also described as having a “strong belief in executive authority.”

Markwayne Mullin

Secretary of Homeland Security

While Blanche’s record is defined more by recent actions than a long paper trail, Markwayne Mullin brings a more established history on LGBTQ issues from his time in Congress.

The head of the Department of Homeland Security has served in Congress since 2013, in both the U.S. House of Representatives and U.S. Senate. He has been actively engaged in shaping restrictions and aligns with broader cultural rhetoric that frames anti-LGBTQ speech as protected expression.

In May 2016, Mullin criticized the Department of Education and the Justice Department’s “Dear Colleague” letter on transgender students, arguing that trans girls should not use girls’ restrooms in public schools.

By January 2021, Mullin and then-Hawaii Congresswoman Tulsi Gabbard had introduced a bill to prevent trans women from participating in women’s sports.

Mullin was not recorded as voting on the final passage of the Respect for Marriage Act, which codified federal recognition of same-sex and interracial marriage.

In 2023, Mullin received a rating of just 6 percent from the Human Rights Campaign.

While serving in the Senate and as a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion in federal programs. He has participated in broader Republican efforts questioning equity-based implementation of the Older Americans Act, including guidance related to sexual orientation and gender identity in aging services, arguing such policies could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security.

He was among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the House on Jan. 6.

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Noticias en Español

La X vuelve al tribunal

Primer Circuito examina caso del reconocimiento de personas no binarias en Puerto Rico

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(Foto de Sergei Gnatuk via Bigstock)

Hace ocho meses escribí sobre este tema cuando todavía no había llegado al nivel judicial en el que se encuentra hoy. En ese momento, la discusión se movía entre decisiones administrativas, debates públicos y resistencias políticas. No era un asunto cerrado, pero tampoco había alcanzado el punto actual.

Hoy el escenario es distinto.

La organización Lambda Legal compareció ante el Tribunal de Apelaciones del Primer Circuito en Boston para solicitar que se confirme una decisión que obliga al gobierno de Puerto Rico a emitir certificados de nacimiento que reflejen la identidad de las personas no binarias. La apelación se produce luego de que un tribunal de distrito concluyera que negar esa posibilidad constituye una violación a la Constitución de Estados Unidos.

Este elemento marca la diferencia. Ya no se trata de una discusión conceptual. Existe una determinación judicial que identificó un trato desigual.

El planteamiento de la parte demandante se sostiene en el propio marco legal vigente en Puerto Rico. Los certificados de nacimiento de identidad no son registros históricos inmutables. Son documentos utilizados para fines actuales y esenciales. Permiten acceder a empleo, educación y servicios, y son requeridos en múltiples gestiones ante el Estado. Su función es operativa.

En ese contexto, la exclusión de las personas no binarias no responde a una limitación jurídica. Puerto Rico permite la corrección de marcadores de género en certificados de nacimiento para personas trans binarias desde el caso Arroyo González v. Rosselló Nevares. Además, el Código Civil reconoce la existencia de certificados que reflejan la identidad de la persona más allá del registro original.

La diferencia radica en la aplicación.

El reconocimiento se concede dentro de categorías específicas, mientras que se excluye a quienes no se identifican dentro de ese esquema. Esa exclusión es el eje de la controversia actual.

El argumento presentado por Lambda Legal es preciso. Obligar a una persona a utilizar documentos que no reflejan su identidad implica someterla a una representación incorrecta en procesos fundamentales de la vida cotidiana. Esto puede generar dificultades prácticas, exposición innecesaria y situaciones de vulnerabilidad.

Las personas demandantes, nacidas en Puerto Rico, han planteado que el acceso a documentos precisos no es una cuestión simbólica, sino una necesidad básica para poder desenvolverse sin contradicciones impuestas por el propio Estado.

El hecho de que este caso se encuentre en el sistema federal introduce una dimensión adicional. No se trata de un proyecto legislativo ni de una política pública en discusión. Es una controversia constitucional. El análisis gira en torno a derechos y a la aplicación equitativa de las leyes.

Este proceso tampoco ocurre en aislamiento.

Se desarrolla en un contexto donde los debates sobre identidad y derechos han estado marcados por una mayor presencia de posturas conservadoras en la esfera pública, tanto en Estados Unidos como en Puerto Rico. En el ámbito local, esa influencia ha sido visible en discusiones legislativas recientes, donde argumentos de carácter religioso han comenzado a formar parte del debate sobre política pública. Esa intersección introduce tensiones en torno a la separación entre iglesia y Estado y tiene efectos concretos en el acceso a derechos.

Señalar este contexto no implica cuestionar la fe ni la práctica religiosa. Implica reconocer que, cuando determinados argumentos se trasladan al ejercicio del poder público, pueden incidir en decisiones que afectan a sectores específicos de la población.

Desde Puerto Rico, esta situación no se observa a distancia. Se experimenta en la práctica diaria. En la necesidad de presentar documentos que no corresponden con la identidad de quien los porta. En las implicaciones que esto tiene en espacios laborales, educativos y administrativos.

El avance de este caso abre una posibilidad de cambio en el marco legal aplicable. No porque resuelva de inmediato todas las tensiones en torno al tema, sino porque establece un punto de análisis jurídico sobre una práctica que hasta ahora ha operado bajo criterios restrictivos.

A diferencia de hace ocho meses, el escenario actual incluye una determinación judicial que ya identificó una violación de derechos. Lo que corresponde ahora es evaluar si esa determinación se sostiene en una instancia superior.

Ese proceso no define un resultado inmediato, pero sí establece un nuevo punto de referencia.

El debate ya no es teórico.

Ahora es judicial. 

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