National
Cato legal analyst: DOMA is dead
Former GOP head, same-sex marriage advocate assess high court arguments in ‘Windsor’ case
The Cato Institute (Photo by Matt Bisanz via Wikimedia)
A senior fellow with the Cato Institute, a libertarian think tank that supports LGBT equality, said comments by U.S. Supreme Court justices on Wednesday lead him to believe the high court will strike down the anti-gay Defense of Marriage Act known as DOMA.
Cato Institute senior fellow Ilya Shapiro, who attended Wednesday’s oral arguments at the high court, said the court’s four liberal justices would likely invoke the Constitution’s “equal protection” clause as grounds for overturning DOMA’s Section 3, which prohibits the federal government from recognizing same-sex marriages.
Shapiro said comments made by Justice Anthony Kennedy, who is considered the court’s swing vote on DOMA, indicate Kennedy would vote to strike down DOMA based on grounds that it violates “federalism” or states’ rights protections under the constitution.
Assuming Kennedy joins liberal leaning Justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan in voting to declare Section 3 of DOMA as unconstitutional, the five would become a majority on the nine-member court needed to strike down that provision of DOMA, according to Shapiro.
“Assuming they get past the jurisdictional arguments it seems like DOMA Section 3 is not long for this world,” he said.
Shapiro gave his assessment on the justices’ views on DOMA at a Cato Institute forum Wednesday afternoon called Law, Politics, and Same-Sex Marriage.
Others panelists speaking at the forum included Walter Olson, a Cato Institute fellow, who served as moderator; Evan Wolfson, executive director of the same-sex marriage advocacy group Freedom to Marry; and Ken Mehlman, a York City businessman and former chair of the Republican National Committee.
Wolfson attended Wednesday’s Supreme Court oral arguments on DOMA as well as the arguments before the court one day earlier on California’s Proposition 8 case, which legal experts say could potentially lead to the legalization of same-sex marriage in all fifty states.
He told the forum that making predictions about how the court will rule on a case based on the justices’ statements and questions during oral arguments is highly speculative.
“I think you really need to take every prediction you hear and read and see tweeted and re-tweeted very, very skeptically,” Wolfson said. “The justices are going to go back and delve through a mountain of briefs in both cases, a huge amount of evidence and argument.”
While the outcome of both the Prop 8 and DOMA cases is uncertain, there are things marriage equality advocates know “very, very clearly,” Wolfson said.
“One thing we know is that while the justices are doing their homework in going through the process, the best single way we can maximize winning the freedom to marry and even getting the justices encouraged to do the right thing as they deliberate now in the court is to do what we’ve been doing, which is to continue winning in more states and to continue winning over more hearts and minds,” he said.
“There are as many as four states that are going to be considering or have begun considering freedom to marry legislation and could pass those bills into law before the court hands down its decision likely at the end of June,” Wolfson said. “So the single biggest thing we can do to maximize the chances of winning are to pass those marriage bills and to continue growing the extraordinary ‘who’s who’ of Americans that have stepped up the last many weeks and months in supporting the freedom to marry.”
Ken Mehlman (Washington Blade photo by Michael Key)
Mehlman, who’s gay and who has emerged as an outspoken same-sex marriage advocate in recent years, said that aside from using sound legal arguments, marriage equality advocates have made important advances by putting a human face on the same-sex couples who want the right to marry.
“In my judgment, what has so galvanized the public is our stories,” he said. “These are real stories about real people and they make a gigantic difference.”
He said the numerous “friend-of-the-court” or amicus briefs filed in support of the marriage equality side by a wide range of organizations also shows how the breadth of support for same-sex marriage has greatly expanded.
The Cato Institute is among the groups that have filed an amicus brief in support of striking down DOMA.
“It’s not just that it is a large number,” he said of the groups and individuals filing amicus briefs. “It’s the cross section of society. It’s military leaders. It’s religious leaders. It’s business leaders. It’s Republicans and conservatives. It’s leaders of excellent think tanks — all making the case from their perspective and why it makes sense,” Mehlman said.
National
Lou Chibbaro Jr. documentary wins award from NLGJA
‘Lou’s Legacy’ produced by D.C.’s Mattachine Society
“Lou’s Legacy: a Reporter’s Life at the Washington Blade,” a documentary produced by The Mattachine Society of Washington, D.C., will receive an Excellence in Journalism Award from NLGJA, the Association of LGBTQ+ Journalists.
The film premiered on WETA PBS in D.C. and Maryland Public Television (MPT) in June of 2025. The documentary’s Emmy-nominated director and producer Patrick Sammon will accept the award for Excellence in Local Television on Sept. 11 at NLGJA’s National Convention in San Francisco.
“Lou’s Legacy” was produced in association with the Mattachine Society of Washington, D.C., a non-profit LGBTQ history society dedicated to conducting original archival research. Aside from Sammon, the NLGJA is recognizing other members of the film’s production team including Producer Julianne Donofrio, Editor Amir Jaffer, Executive Producer Charles Francis, and Executive Producer Pate Felts.
“Lou’s Legacy” tells the story of two D.C. icons — legendary Washington Blade reporter Lou Chibbaro Jr. and beloved drag performer Donnell Robinson, known to generations of Washington audiences as “Ella Fitzgerald.” Through Lou’s nearly five-decade career at the Blade and Ella’s return to the stage after a three-year hiatus following COVID, the 29-minute documentary explores the history of Washington’s LGBTQ community and today’s rising backlash against LGBTQ rights, including laws targeting drag performers.
“All students of journalism can learn a lot from the story of Lou Chibbaro, Jr. Lou has chronicled nearly five decades of LGBTQ+ life and the community’s struggle for equality in Washington, D.C. Lou’s work and the role of the queer press has been essential in covering stories the mainstream media would often ignore or erase,” said Ryan Levi, president of the D.C. chapter of the NLGJA.
“We are thrilled to receive this award from the NLGJA,” said the film’s director Patrick Sammon. “Lou Chibbaro’s nearly five decade career at the Washington Blade demonstrates the essential role LGBTQ journalism plays in telling our community’s stories and documenting its history. This recognition from journalists who follow in Lou’s footsteps is particularly meaningful to me and the rest of our production team.”
Arizona
Shooting outside gay bar in Ariz. leaves three dead
Tucson police investigating double murder-suicide as a hate crime
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
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.
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