National
San Francisco City Attorney speaks out
Herrera played key role in challenging Prop 8


Dennis Herrera is described as a ‘straight, devout Catholic, married man’ who has championed the cause of marriage equality. (Photo courtesy Herrera)
Dennis Herrera, San Francisco’s City Attorney since 2002, will be in the Supreme Court chambers in Washington next Tuesday observing the oral arguments over whether Proposition 8, California’s 2008 ballot measure banning gay marriage, should be upheld or overturned.
Although Herrera won’t be delivering the arguments against Proposition 8 on Tuesday, gay rights advocates in California say he has played a pivotal role since 2004 in pushing for marriage equality in that state.
Among other things, he has worked side-by-side with high profile attorneys Ted Olson and David Boies as a party to the case Hollingsworth v. Perry, which seeks to overturn Prop 8.
Jack Song, deputy press secretary for the San Francisco City Attorney’s Office, said Herrera and his legal team have been involved in “every case, every court, through every procedural twist since February 2004” in efforts to legalize same-sex marriage in California.
It was in 2004, Song noted, that Herrera provided legal support for then-San Francisco Mayor Gavin Newsom’s highly controversial decision to issue marriage licenses to gay and lesbian couples and perform same-sex marriages at city hall.
California courts initially ruled that San Francisco lacked legal authority to perform same-sex marriages and quickly invalidated those marriages. But the action by Newsom and Herrera, which was denounced by same-sex marriage opponents, has been credited with triggering litigation by marriage equality advocates – including Herrera’s office — that led to the May 15, 2008 ruling by the California Supreme Court legalizing same-sex marriage in the state.
In response to a campaign led by same-sex marriage opponents, California voters overturned same-sex marriage rights in the November 2008 referendum known as Prop 8 by a margin of 52 percent to 48 percent.
In an interview with the Washington Blade on Tuesday, Herrera discussed his work on the Prop 8 case – in the words of his deputy press secretary Song – as a “straight, devout Catholic, married man” who has championed the cause of marriage equality.
Washington Blade: What are your thoughts on the chances that Prop 8 will be overturned by the U.S. Supreme Court?
Dennis Herrera: We’re very, very optimistic. You just need to look at what has been the course of this litigation. If we go back nine years ago, all the state court proceedings and more recently in the federal court system, I can’t tell you how gratified we were both at the District Court’s ruling and the Ninth Circuit [U.S. Court of Appeals] ruling clearly showing that there’s absolutely no constitutional justification whatsoever to discriminate when it comes to the issue of marriage equality.
And that for the community to be denied equal protection under the law when it comes to the issue of marriage strains all credulity. So we’ve been gratified by the District Court’s ruling. If you look at Judge [Vaughn] Walker’s decision – a well-reasoned, well thought-out opinion after sitting through a weeks-long trial, hearing from a variety of witnesses and hearing the Prop 8 proponents come up with virtually no argument, no evidence to support their position and then to have that decision affirmed by the Ninth Circuit – we’re very, very optimistic as we’re heading into next week’s argument.
Blade: What role has your office played in the U.S. Supreme Court case on Prop 8?
Herrera: We intervened and stood shoulder to shoulder with the Gibson Dunn firm — the David Boise firm — both at trial and at the Ninth Circuit and here as we’re leading up to the Supreme Court argument. So we have been involved in every piece of state litigation on this as well as the federal action. In fact, we were the only party allowed to intervene in the case and participate on our side as a party. We have been working alongside the lead counsel in the case and continue to do so leading up to the [U.S. Supreme Court] arguments.
Blade: Could you explain as best you can in layman’s terms what we understand to be the possible outcomes by the Supreme Court? In one outcome they can uphold Proposition 8. But is the court also being asked to rule that under the U.S. Constitution, no state can ban same-sex couples from marrying?
Herrera: I think that what you see if you look at the briefs of the plaintiffs and ours – we’re very, very complimentary. Clearly the plaintiffs in the case, as represented by Ted Olsen and David Boies, are seeking the broadest possible remedy to strike down discrimination vis-a-vis marriage equality nationwide.
And if you look at our briefs, what we do is try and make sure that we offer the full panoply in a very complimentary way. We fully agree with Ted Olsen and Boies and support their contention that heightened scrutiny should apply in this case, which would essentially, if found in the plaintiff’s favor, would basically have nationwide impact. But in addition, we have argued in our brief, while we fully agree with them, that even if you limited it to California and states similarly situated to California — the prohibition on marriage should not apply. So it’s a more limited but complimentary approach. Just so the court has the full panoply of possible avenues before it. But we’re in full support of the broad argument, but if the court wants to rule in our favor but limit it to California and other states that are similar to California, we briefed that issue as well.
Blade: How would it affect other states that are similar to California?
Herrera: If you look at the [U.S.] Solicitor General’s brief, the government’s brief, they have essentially said that states like California that have extended domestic partner benefits that allow same-sex couples to adopt, those that have been out there granting rights to same-sex couples cannot take them away through tools like Proposition 8. So there’s about seven or eight states that are similarly situated to California. And they have come in and said for those states, not just California but for those others, you can’t take an approach like folks have done with Proposition 8.
Blade: Does that include states outside Ninth Circuit?
Herrera: Yes.
Blade: Some constitutional experts that study the Supreme Court, including some who support same-sex marriage, have argued that it would be better for the court to limit an affirmative decision to just California rather than issue a ruling that would require all states to recognize same-sex marriage. They say that a ruling forcing all states to legalize same-sex marriage would create too great a shock to the culture, especially in southern and certain mid-Western states. What are your thoughts on that?
Herrera: I have heard that. But, like I said, in this case we’re working along with the lead counsel and have really offered a variety of different directions the court should go. And I would like to say this. I know that people make that argument. But think about how things have changed.
Let’s just go back. Proposition 22 that passed here in California in 2000 was against marriage equality 60 to 40. And with Proposition 8 we saw what the numbers were [52 percent for Prop 8, 48 percent against]. Recently, on the same day that the federal government – the administration – came in support of our position there was a Field Poll released here in the State of California that showed that 61 percent of people now in California favor same-sex marriage as opposed to 32 percent. …
So I’m fully in support of a broader approach and I think that would be the best thing for the country. But if in its judgment the Supreme Court does not want to go that route we have offered them and the United States government has offered them another direction to go that perhaps might be more limited but ultimately we know is going to lead to the same result nationwide.
Blade: In 2004, when San Francisco Mayor Gavin Newsom allowed marriages to take place at City Hall, you supported that, right?
Herrera: Yup.
Blade: But some lawmakers in Washington at the time, including Congressman Barney Frank, thought that might be jumping the gun a little bit and that it could lead to a greater push for a constitutional amendment to ban same-sex marriage. That never passed, but some were worried that it could. Was that something that entered your mind back then?
Herrera: I think history has borne out that we in San Francisco were on the right side of history when you look at the tremendous progress that has been made over the course of the last several years. So I think that sometimes it is somewhat scary for people to take the unconventional approach and to push the envelope. But I think that the wisdom of that approach has been borne out by history.
U.S. Federal Courts
Judge temporarily blocks executive orders targeting LGBTQ, HIV groups
Lambda Legal filed the lawsuit in federal court

A federal judge on Monday blocked the enforcement of three of President Donald Trump’s executive orders that would have threatened to defund nonprofit organizations providing health care and services for LGBTQ people and those living with HIV.
The preliminary injunction was awarded by Judge Jon Tigar of the U.S. District Court for the Northern District of California in a case, San Francisco AIDS Foundation v. Trump, filed by Lambda Legal and eight other organizations.
Implementation of the executive orders — two aimed at diversity, equity, and inclusion along with one targeting the transgender community — will be halted pending the outcome of the litigation challenging them.
“This is a critical win — not only for the nine organizations we represent, but for LGBTQ communities and people living with HIV across the country,” said Jose Abrigo, Lambda Legal’s HIV Project director and senior counsel on the case.
“The court blocked anti-equity and anti-LGBTQ executive orders that seek to erase transgender people from public life, dismantle DEI efforts, and silence nonprofits delivering life-saving services,” Abrigo said. “Today’s ruling acknowledges the immense harm these policies inflict on these organizations and the people they serve and stops Trump’s orders in their tracks.”
Tigar wrote, in his 52-page decision, “While the Executive requires some degree of freedom to implement its political agenda, it is still bound by the constitution.”
“And even in the context of federal subsidies, it cannot weaponize Congressionally appropriated funds to single out protected communities for disfavored treatment or suppress ideas that it does not like or has deemed dangerous,” he said.
Without the preliminary injunction, the judge wrote, “Plaintiffs face the imminent loss of federal funding critical to their ability to provide lifesaving healthcare and support services to marginalized LGBTQ populations,” a loss that “not only threatens the survival of critical programs but also forces plaintiffs to choose between their constitutional rights and their continued existence.”
The organizations in the lawsuit are located in California (San Francisco AIDS Foundation, Los Angeles LGBT Center, GLBT Historical Society, and San Francisco Community Health Center), Arizona (Prisma Community Care), New York (The NYC LGBT Community Center), Pennsylvania (Bradbury-Sullivan Community Center), Maryland (Baltimore Safe Haven), and Wisconsin (FORGE).
U.S. Supreme Court
Activists rally for Andry Hernández Romero in front of Supreme Court
Gay asylum seeker ‘forcibly deported’ to El Salvador, described as political prisoner

More than 200 people gathered in front of the U.S. Supreme Court on Friday and demanded the Trump-Vance administration return to the U.S. a gay Venezuelan asylum seeker who it “forcibly disappeared” to El Salvador.
Lindsay Toczylowski, president of the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Andry Hernández Romero, is among those who spoke alongside U.S. Rep. Mark Takano (D-Calif.) and Human Rights Campaign Campaigns and Communications Vice President Jonathan Lovitz. Sarah Longwell of the Bulwark, Pod Save America’s Jon Lovett, and Tim Miller are among those who also participated in the rally.
“Andry is a son, a brother. He’s an actor, a makeup artist,” said Toczylowski. “He is a gay man who fled Venezuela because it was not safe for him to live there as his authentic self.”
(Video by Michael K. Lavers)
The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”
President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The Trump-Vance administration subsequently “forcibly removed” Hernández and hundreds of other Venezuelans to El Salvador.
Toczylowski said she believes Hernández remains at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. Toczylowski also disputed claims that Hernández is a Tren de Aragua member.
“Andry fled persecution in Venezuela and came to the U.S. to seek protection. He has no criminal history. He is not a member of the Tren de Aragua gang. Yet because of his crown tattoos, we believe at this moment that he sits in a torture prison, a gulag, in El Salvador,” said Toczylowski. “I say we believe because we have not had any proof of life for him since the day he was put on a U.S. government-funded plane and forcibly disappeared to El Salvador.”
“Andry is not alone,” she added.
Takano noted the federal government sent his parents, grandparents, and other Japanese Americans to internment camps during World War II under the Alien Enemies Act. The gay California Democrat also described Hernández as “a political prisoner, denied basic rights under a law that should have stayed in the past.”
“He is not a case number,” said Takano. “He is a person.”
Hernández had been pursuing his asylum case while at the Otay Mesa Detention Center in San Diego.
A hearing had been scheduled to take place on May 30, but an immigration judge the day before dismissed his case. Immigrant Defenders Law Center has said it will appeal the decision to the Board of Immigration Appeals, which the Justice Department oversees.
“We will not stop fighting for Andry, and I know neither will you,” said Toczylowski.
Friday’s rally took place hours after Attorney General Pam Bondi said Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador, had returned to the U.S. Abrego will face federal human trafficking charges in Tennessee.
National
A husband’s story: Michael Carroll reflects on life with Edmund White
Iconic author died this week; ‘no sunnier human in the world’

Unlike most gay men of my generation, I’ve only been to Fire Island twice. Even so, the memory of my first visit has never left me. The scenery was lovely, and the boys were sublime — but what stood out wasn’t the beach or the parties. It was a quiet afternoon spent sipping gin and tonics in a mid-century modern cottage tucked away from the sand and sun.
Despite Fire Island’s reputation for hedonism, our meeting was more accident than escapade. Michael Carroll — a Facebook friend I’d chatted with but never met — mentioned that he and his husband, Ed, would be there that weekend, too. We agreed to meet for a drink. On a whim, I checked his profile and froze. Ed was author Edmund White.
I packed a signed copy of Carroll’s “Little Reef” and a dog-eared hardback of “A Boy’s Own Story,” its spine nearly broken from rereads. I was excited to meet both men and talk about writing, even briefly.
Yesterday, I woke to the news that Ed had passed away. Ironically, my first thought was of Michael.
This week, tributes to Edmund White are everywhere — rightly celebrating his towering legacy as a novelist, essayist, and cultural icon. I’ve read all of his books, and I could never do justice to the scope of a career that defined and chronicled queer life for more than half a century. I’ll leave that to better-prepared journalists.
But in those many memorials, I’ve noticed something missing. When Michael Carroll is mentioned, it’s usually just a passing reference: “White’s partner of thirty years, twenty-five years his junior.” And yet, in the brief time I spent with this couple on Fire Island, it was clear to me that Michael was more than a footnote — he was Ed’s anchor, editor, companion, and champion. He was the one who knew his husband best.
They met in 1995 after Michael wrote Ed a fan letter to tell him he was coming to Paris. “He’d lost the great love of his life a year before,” Michael told me. “In one way, I filled a space. Understand, I worshiped this man and still do.”
When I asked whether there was a version of Ed only he knew, Michael answered without hesitation: “No sunnier human in the world, obvious to us and to people who’ve only just or never met him. No dark side. Psychology had helped erase that, I think, or buffed it smooth.”
Despite the age difference and divergent career arcs, their relationship was intellectually and emotionally symbiotic. “He made me want to be elegant and brainy; I didn’t quite reach that, so it led me to a slightly pastel minimalism,” Michael said. “He made me question my received ideas. He set me free to have sex with whoever I wanted. He vouchsafed my moods when they didn’t wobble off axis. Ultimately, I encouraged him to write more minimalistically, keep up the emotional complexity, and sleep with anyone he wanted to — partly because I wanted to do that too.”
Fully open, it was a committed relationship that defied conventional categories. Ed once described it as “probably like an 18th-century marriage in France.” Michael elaborated: “It means marriage with strong emotion — or at least a tolerance for one another — but no sex; sex with others. I think.”
That freedom, though, was always anchored in deep devotion and care — and a mutual understanding that went far beyond art, philosophy, or sex. “He believed in freedom and desire,” Michael said, “and the two’s relationship.”
When I asked what all the essays and articles hadn’t yet captured, Michael paused. “Maybe that his writing was tightly knotted, but that his true personality was vulnerable, and that he had the defense mechanisms of cheer and optimism to conceal that vulnerability. But it was in his eyes.”
The moment that captured who Ed was to him came at the end. “When he was dying, his second-to-last sentence (garbled then repeated) was, ‘Don’t forget to pay Merci,’ the cleaning lady coming the next day. We had had a rough day, and I was popping off like a coach or dad about getting angry at his weakness and pushing through it. He took it almost like a pack mule.”
Edmund White’s work shaped generations — it gave us language for desire, shame, wit, and liberation. But what lingers just as powerfully is the extraordinary life Ed lived with a man who saw him not only as a literary giant but as a real person: sunny, complex, vulnerable, generous.
In the end, Ed’s final words to his husband weren’t about his books or his legacy. They were about care, decency, and love. “You’re good,” he told Michael—a benediction, a farewell, maybe even a thank-you.
And now, as the world celebrates the prolific writer and cultural icon Edmund White, it feels just as important to remember the man and the person who knew him best. Not just the story but the characters who stayed to see it through to the end.