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Calif. AG: Prop 8 case is about ‘fundamental notions of justice’

Kamala Harris declined to defend state’s same-sex marriage ban

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Kamala Harris, National Council of La Raza, California, gay news, Washington Blade
Kamala Harris, National Council of La Raza, California, gay news, Washington Blade

National Council of La Raza honored California Attorney General Kamala Harris in D.C. on March 5. (Photo courtesy of National Council of La Raza)

California Attorney General Kamala Harris told the Washington Blade on Tuesday she feels the U.S. Supreme Court will uphold two previous rulings that found her state’s same-sex marriage ban unconstitutional.

“I think it went well,” she said after the justices heard oral arguments in the Proposition 8 case. “It was clear that this is a case that is about fundamental notions of justice and equality and liberty.”

Harris, who declined to defend Prop 8 after her 2010 election, said the Supreme Court has described marriage “as a fundamental right” 14 times since the 1880s. She added she feels the justices’ questions effectively discredited the proponents’ arguments in support of the same-sex marriage ban that California voters approved in 2008.

“The conversation that was had about the significance of procreation, especially through [Justice Elena] Kagan’s questions highlighted the fact that that’s probably the most bogus distinction that is being offered by the proponents,” Harris said. “On the issue of standing, it’s certainly been our position that Mr. [Dennis] Hollingsworth [of Protect Marriage] has no standing in that there’s no direct harm that would result to him from allowing Ms. [Kristin] Perry to be married to her partner of 16 years with whom she shares a child.”

Harris also discussed comparisons same-sex marriage supporters, legal scholars and others have made between the Prop 8 and Defense of Marriage Act cases and the Supreme Court’s landmark Loving v. Virginia decision that struck down remaining state interracial marriage bans in 1967.

“It was one of those 14 cases that outlined the fact that marriage is a fundamental right,” she said. “It also outlined the fact that government should not interfere with the freedom to marry. And it articulated that the 14th Amendment means having an equal right to the sanctity of marriage.”

Harris further reiterated her point.

“You cannot hold up people’s fundamental constitutional rights,” she said. “Justice delayed is justice denied.”

A poll conducted on behalf of San Francisco television station KPIX between March 22-24 found 67 percent of Californians back marriage rights for same-sex couples. Fifty-two percent of respondents said the Supreme Court should uphold two lower court rulings that found Prop 8 unconstitutional.

A Field Poll last month found 61 percent of Californians approve marriage rights for same-sex couples.

“More important than reading the polls is reading the Constitution,” Harris said in response to a question about whether she feels increased public support of marriage rights for same-sex couples could potentially influence the justices. “That reading should direct the court to protect these same-sex couples’ right to marry.”

She acknowledged abortion remains a controversial issue more than 40 years after the Supreme Court issued its Roe v. Wade decision. Harris pointed out that interracial marriages are no longer contentious in this country.

“It’s not only about polls,” she said, noting President Obama and former Secretary of State Hillary Clinton and former President Clinton are among those who have publicly backed same-sex marriage. “Republican leaders have come out. Fortune 500 leaders, athletes have all come out saying they’re in favor of this. Of what? In favor of not denying people a constitutional right and that’s really is the issue here. We should not be standing in the way of fellow citizens’ equal rights.”

Harris also responded to the Blade’s question about Justice Antonin Scalia’s repeated use of male pronouns to refer to her during the oral arguments.

“He obviously got my gender wrong,” she joked. “But he certainly got the position correct, which is that we are arguing for the court to do the right thing and decide the issue and decide that the Prop 8 ban on same-sex marriage is unconstitutional.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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