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Mixed reaction over Verrilli’s Prop 8 arguments

U.S. gov’t attorney doesn’t call for nationwide ruling in favor of marriage

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Donald Verrilli Jr, Solicitor General, gay news, Washington Blade
Donald Verrilli Jr, Solicitor General, gay news, Washington Blade

Solicitor General Donald Verrilli’s arguments before the court on marriage are receiving mixed reviews. (Photo public domain)

The U.S. solicitor general’s performance before the Supreme Court on marriage is receiving mixed reviews amid disappointment that he didn’t overtly say same-sex marriage should be institutionalized nationwide as a result of the cases.

U.S. Solicitor General Donald Verrilli was the sole attorney who argued in both cases before the court — one on California’s Proposition 8, the other on the Defense of Marriage Act. The message was the same for both measures: Laws related to sexual orientation should be subject to heightened scrutiny, or a greater assumption they’re unconstitutional.

But the nuance in what Verrilli said should be the outcome of the Prop 8 case is noteworthy. Asked by Chief Justice John Roberts whether the administration wants a ruling that would strike down marriage bans across the country, Verrilli declined to give an affirmative answer.

“We are not taking the position that it is required throughout the country,” Verrilli said. “We think that that ought to be left open for a future adjudication in other states that don’t have the situation California has.”

Under later questioning, Verrilli said a state would have to reach a “very heavy burden” to justify a measure similar to Prop 8, but at the same time said a “caution rationale” — presumably a wait-and-see approach to same-sex marriage — would be “one place where we might leave it open.”

Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender and Sexuality Law, said she was “uncomfortable” with Verrilli’s assertion that states may have justification to ban couples from marrying.

“He seemed to suggest that they might actually have a legitimate reason for maintaining the exclusion, and that did not seem necessary to me, given the arguments that he was making,” Goldberg said. “It did not feel right for the government’s attorney to suggest that their might actually be a plausible reason for a state to exclude same-sex couples from marriage.”

Goldberg drew a distinction between the arguments presented by the Justice Department in the Prop 8 and DOMA cases. For DOMA, Goldberg noted the administration hasn’t identified any instance in which the federal anti-gay law would be constitutional.

“That wasn’t the government’s position in the DOMA case even though the government said under the weakest standard of review, DOMA might be upheld,” Goldberg said. “But it did not suggest any of the rationales would be sufficient.”

It should be noted that Verrilli’s arguments in the Prop 8 case are consistent with the friend-of-the-court brief filed by the Justice Department against the California measure. The brief never explicitly says all bans on same-sex marriage are unconstitutional and instead focuses on Prop 8, which is the question before the court.

Richard Socarides, a gay New York-based advocate, said the presentation of that limited argument on marriage equality is not the fault of Verrilli — whom he said “did a good job” — but is the result of the White House making a political calculation on the Prop 8 case.

“I think that they made some political choices that were not the ones exactly I would have made,” Socarides said. “And I think that some of those came back to haunt them.”

Verrilli noted that California offers gay couples domestic partnerships, suggesting the court should rule that states offering some benefits to gay couples, but not marriage, should instead offer them marriage rights. Legal experts have coined this potential decision as the “nine-state solution.”

But Socarides questioned the wisdom of embracing that position, noting justices seemed disinclined to adopt a ruling saying states that offer some benefits to gay couples aren’t doing enough while leaving other jurisdictions unaffected.

“I think that argument is too clever by half,” Socarides said. “I appreciate the fact that I think the White House was trying to thread the needle there a little bit. It may have served its purpose, but I think in retrospect not the best decision.”

David Gans, civil rights director for the progressive Constitutional Accountability Center, found a positive in the limited argument presented by Verrilli: it provides another option to justices unswayed by American Foundation for Equal Rights attorney Ted Olson’s argument in favor of a fundamental right to same-sex marriage.

“In some ways, it was a very useful complement to the argument that Ted Olson made,” Gans said. “What Verrilli offered was sort of an alternative. Olson and Verrilli gave them a broader option as well as a narrow one that would decide this case, but not other cases. In light of some of the concern expressed by justices, in the end, it may prove valuable.”

Several legal experts and LGBT advocacy groups, including the Human Rights Campaign, declined to comment for this article.

Socarides emphasized the Justice Department has already stepped up to the plate in helping same-sex couples win their rights at the Supreme Court by dropping defense of DOMA and participating in the Prop 8 case.

“I would also emphasize that, I think at this point, we’re really quibbling around the edges and that we want to be very grateful for the work that the Justice Department did and for the president’s support,” Socarides said.

That was a sentiment shared by Evan Wolfson, president of Freedom to Marry, who commended the Justice Department for its work before the bench and in the briefs that were filed.

“Briefs speak louder than arguments, and the Solicitor General effectively dismantled every argument made in defense of excluding gay couples from marriage and inflicting unequal treatment on married gay couples under so-called DOMA,” Wolfson said. “He repeatedly urged the justices to focus on what is really going on: discrimination against gay people and indefensible denial of the freedom to marry, and when they go back and read his briefs in both cases, the justices will see a strong, clear path forward toward the freedom to marry and repudiation of the impermissible discrimination we have endured for too long.”

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U.S. Federal Courts

Renee Good’s family files two federal lawsuits

ICE officer killed lesbian mother of three in Minneapolis in January

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A protest near the White House on Jan. 10, 2026, in response to Renee Good's death in Minneapolis. Good's partner and her family have filed two federal lawsuits. (Washington Blade photo by Michael Key)

The family of lesbian woman who a U.S. Immigration and Customs Enforcement killed in Minneapolis in January have filed two federal lawsuits.

The Associated Press notes Renee Good’s partner, Becca Good, and her brother, Brent Ganger, in the lawsuits accuse the Trump-Vance administration and ICE officer Jonathan Ross of “unjustified and excessive use of force.”

Renee Good was a 37-year-old mother of three.

Ross on Jan. 7 shot and killed her in Minneapolis.

The shooting took place during the Trump-Vance administration’s so-called Operation Metro Surge that targeted Somalis and other immigrant groups in Minneapolis. U.S. Customs and Border Protection agents on Jan. 24 shot and killed Alex Pretti, a 37-year-old nurse who worked for the U.S. Department of Veterans Affairs, in Minneapolis.

Both shooting sparked outrage across the U.S. and around the world.

“Every morning, she is my first thought. I think about how the kids are growing up without their mama, and how I will grow old without the love of my life. I think about how we should have had 40 more years together. But I also think about what she would have wanted after all of this,” said Becca Good in a statement the Human Rights Campaign released after she and her partner’s family announced the lawsuits.

“As we have tried to navigate our own massive loss, I am also devastated by how many other lives have been destroyed in this darkest of times. So many other families are dealing with the loss of their loved ones; to everyone who has had to witness it — the pain of this moment extends far beyond our family,” added Becca Good. “What happened to us should never happen to any family. No child should grow up without a parent because of it. No one should lose their sister or their daughter. No one should have to live without their soulmate. Accountability — real accountability — is the only way to make sure that no other family has to go through what we have.”

HRC President Kelley Robinson in her own statement said the Good family “is one of our own — and today, the Human Rights Campaign joins them in demanding justice.”

“It has been eight months and 24 days since Renee was shot and killed by an ICE agent, and the United States government has failed to take responsibility for its actions,” said Robinson. “Her partner, Becca, and brother Brent, have made the brave and bold decision to hold the government accountable, and we stand with them. Like every person murdered by ICE, Renee should be alive today. The Goods were robbed of what every American family deserves: to be together.”

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Federal Government

988 restores crisis services for LGBTQ youth

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U.S. Sen.Tammy Baldwin (D-Wis.) helped secure funding for 988 and led the push to get Press 3 reinstated as policy. (Washington Blade photo by Michael Key)

The lifesaving 988 call-in number to help people experiencing mental health crises or suicidal thoughts has once again restored its specialized services for LGBTQ youth.

The lifeline, which used to have the option to “press 3” to be directly sent to specialized services for LGBTQ youth facing mental health crises or suicidal thoughts, was returned on Wednesday following an over-year-long battle with the Trump-Vance administration, which removed the service in May 2025.

The Press 3 option rolled out as a pilot program in 2022 through a government contract with the Trevor Project, a suicide prevention and crisis intervention organization for LGBTQ people.

Then, in June 2025, the federal government announced that the lifeline would be eliminated within a month. By July 2025, 988 Lifeline’s “Press 3” services were terminated.

Openly gay U.S. Sen. Tammy Baldwin (D-Wis.) helped lead Congress in reversing the removal of the lifesaving resource from American phones. As a member of the Senatw Labor-HHS Appropriations Subcommittee, she started the process of securing $535 million for 988 — a $15 million increase — as well as dedicated funding for LGBTQ youth specialized services.

Then, in September 2025, Baldwin, along with U.S. Sen. Lisa Murkowski (R-Alaska), introduced bipartisan legislation in the Senate, the 988 LGBTQ+ Youth Access Act, to codify the 988 Lifeline’s specialized services for LGBTQ young people.

At the same time, U.S. Rep Raja Krishnamoorthi (D-Ill.) introduced the legislation in the House of Representatives alongside U.S. Reps. Michael Lawler (R-N.Y.) Sharice Davids (D-Kan.) Brian Fitzpatrick (R-Pa.) and Seth Moulton (D-Mass.)

The Senate passed Baldwin’s bipartisan funding bill in January 2026, funding the Department of Health and Human Services with explicit language mandating the return of 988’s LGBTQ youth specialized services.

In February 2026, Congress passed legislation mandating that the previously eliminated “Press 3” specialized services be restored and funded with $33,100,000 — but it was unclear if the Press 3 option would still be allowed under current executive orders, namely Executive Order 14168, or “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

Despite the securing of federal funding for the Press 3 resource, the battle to get the 988 LGBTQ+ Youth Access Act through Congress is ongoing — and would provide codafied protection from this removal ever happening again.

According to data on the Trevor Project’s website, LGBTQ young people are more than four times as likely to attempt suicide than their peers.

Baldwin’s office touts the immense help the lifeline provides to LGBTQ people in their moments of greatest need. The press release on the reinstatement of Press 3 highlighted the continued demand for the service:

“The volume of calls, texts, and chats 15 percent higher than a year earlier and nearly 50 percent higher than two years ago. Since the lifeline launched, it has received over 27 million contacts, including over 18 million calls, 4 million texts, and 3 million chats.”

Advocates for LGBTQ rights and mental health awareness have agreed with the increasing numbers and hailed the return as a win for everyone.

“Suicide and mental health struggles touch every community across our state, and that’s why creating the 988 crisis lifeline to make sure help is there for everyone is one of my proudest accomplishments,” said Baldwin said in a statement. “But, last year, the Trump administration decided to make these real struggles a political football and ripped away the specialized line that helped LGBTQ children. This was a deliberate choice. The Trump administration chose to put children’s lives on the line to score some political points.

“I’ve fought tooth and nail to restore this lifesaving resource. When I realized the Trump administration was not going to do it on their own, I wrote it into federal law to require them to restore the Press 3 option,” the Wisconsin senator said. “This lifesaving resource never should have gone away in the first place, but I am glad the lifesaving support Press 3 provides is once again there for people who need it.”

“I’m proud that we secured the funding to restore this lifesaving LGBTQ+ crisis line and successfully pressured the Trump administration to bring the program back,” Krishnamoorthi said. “When an LGBTQ+ young person reaches out for help in a moment of crisis, they deserve to reach a counselor trained to understand and support them. This program should never have been taken away, and now we need to make sure it stays available for every young person who needs it. I’m grateful to the Trevor Project, NAMI Chicago, Equality Illinois, the American Foundation for Suicide Prevention, and all the advocates and young people who worked alongside us to bring these services back.”

Jaymes Black, CEO of The Trevor Project who works with the SAMHSA, in their press three operations celebrated the return of the resource. 

“We are grateful to see that the 988 Suicide & Crisis Lifeline’s ‘Press 3’ specialized services for LGBTQ+ youth have been restored. Resuming this national resource will be critical in addressing the public health crisis of suicide among LGBTQ+ young people, and supporting the estimated more than 1.8 million LGBTQ+ youth who seriously consider attempting suicide in the U.S. each year,” Black said via a statement. “We are thankful for the large coalition of bipartisan lawmakers, mental health advocates, allies, and supporters who fought tirelessly for this restoration. We will monitor the launch and usage of these important services to ensure all LGBTQ+ youth are supported with clinically best standards.”

If you or someone you know needs mental health resources and support, please call, text, or chat with the 988 Suicide & Crisis Lifeline or visit 988lifeline.org for 24/7 access to free and confidential services. Trans Lifeline, designed for transgender or gender-nonconforming people, can be reached at (877) 565-8860. The lifeline also provides resources to help with other crises, such as domestic violence situations. The Trevor Project Lifeline, for LGBTQ+ youth (ages 24 and younger), can be reached at (866) 488-7386. Users can also access chat services at TheTrevorProject.org/Help or text START to 678678.

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California

Calif. governor signs 6 pro-LGBTQ bills, vetoes 1

Gavin Newsom rejected measure he claimed is legislative overreach

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California Gov. Gavin Newsom, center, at the 2024 Democratic National Convention in Milwaukee. (Washington Blade photo by Michael Key)

Last week, California Gov. Gavin Newsom signed and vetoed a slew of bills into state law. Among them were seven pertaining to California’s LGBTQ community. Newsom signed six while vetoing one. His actions drew applause and scorn from advocacy groups in the state. 

The six signed bills:

Assembly Bill 1775 allows transgender veterans, who were banned from service last year by the Trump-Vance administration, to access housing assistance, use California’s discharge upgrade assistance program, and get support for gaining employment. 

Assembly Bill 1930 strengthens privacy protections for healthcare patients and providers by creating clear guidelines for California agencies, individuals, and corporations to respond to out-of-state subpoena requests relating to abortion or gender-affirming care. This includes a requirement to contact the California Attorney General at least seven days prior to responding to the subpoena or providing legal documents. This should add additional protection to those residing in California from investigations in states where abortion or gender-affirming care has more restrictions. 

Senate Bill 934 targets conversion therapy in California and increases the amount of time a patient has to bring a medical malpractice lawsuit against a provider for attempting to change the patient’s sexual orientation or gender identity. The bill takes aim at the widely debunked practice that treats queerness as a mental disorder that could be cured through psychotherapeutic methods. Conversion therapy has been illegal in California since 2012; however, a recent Supreme Court decision threw the ban into question, prompting lawmakers to write this new bill that legally defines it as medical malpractice. 

Senate Bill 1023 expands access to PrEP, a medication that protects people from contracting HIV. The bill requires insurers to cover the drug through the medical benefit and the pharmacy benefit pathways, allowing for more providers to give patients PrEP. 

Senate Bill 1114 strengthens privacy protections for voluntary self-identification data about sexual orientation and gender identity. The bill limits when California government agencies can share this data and bars it from being disclosed outside of the state government, with few exceptions. 

Senate Bill 1328 expands support for LGBTQ students and staff in California colleges. The bill requires any institution of higher education to designate an employee at any campus, satellite campus, branch campus, or outreach center to support the needs of LGBTQ individuals. 

Equality California, the largest statewide LGBTQ civil rights group in the country, commended the governor for his support of legislation that protects and supports the queer community amid escalating threats, attacks, and rollbacks from the federal government. 

Executive Director Tony Hoang said in a written statement, “California is once again demonstrating that when LGBTQ+ people are targeted, our state will respond with action,” adding, “We are grateful to Gov. Newsom for signing these measures.”

The vetoed bill:

Assembly Bill 2164 would have banned California from extraditing anyone residing in California for providing abortions or gender-affirming care in another state. Newsom vetoed this bill despite agreeing with its principles, claiming in a written statement that “extradition is an exclusively executive function” and that he did not want to limit the “executive authority of an incoming governor.” 

This bill was created in response to Louisiana’s attempt to extradite a California physician for allegedly sending abortion pills in the mail to a Louisiana woman. Newsom responded forcefully to the extradition request, publicly denying it and stating, “We will not allow extremist politicians from other states to reach into California and try to punish doctors based on allegations that they provided reproductive health care services.” 

In a written statement responding to the veto, Lizzy Hinkley, the legal director of the bill’s lead sponsor, Abortion Coalition for Telemedicine, criticized Newsom, stating, “[the] outgoing governor’s principled stance is cold comfort to Californians living and working in the real world post-Dobbs. A high-brow, academic justification for refusing to codify legal protections only reveals an ignorance for the lived reality of patients and providers — and does nothing to help them.” 

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