News
HISTORIC: Supreme Court strikes down DOMA, Prop 8
DOMA violates equal protection; Prop 8 supporters lack standing
Gay marriage advocates rallying at the Supreme Court earlier this year during oral arguments for two major cases. The court struck down two anti-gay laws today, opening the door for expanded rights for same-sex couples in many jurisdictions. (Washington Blade photo by Michael Key)
In a historic development, the U.S. Supreme Court handed down two decisions on Wednesday that advanced marriage rights for gay couples and will almost certainly reshape the national debate on the issue.
In one 5-4 ruling, the court determined that the 1996 Defense of Marriage Act is unconstitutional because it violates due process and equal protection for same-sex couples under the Fifth Amendment to the U.S. Constitution. That decision means the U.S. government must begin recognizing same-sex marriages for a broad range of benefits, including those related to federal taxes and immigration law.
Associate Justice Anthony Kennedy wrote the opinion and was joined by Associate Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.
“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity,” Kennedy said. “By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.”
The dissenting justices were Chief Justice John Roberts and Associate Justices Antonin Scalia, Clarence Thomas and Samuel Alito. In his opinion, Roberts says Congress acted constitutionally in passing DOMA and took issue with the authority the court granted itself in overturning the anti-gay statute.
Writing his dissent, Scalia said the decision of the court robs the American public of its ability to decide the issue of same-sex marriage through the democratic process.
“Some will rejoice in today’s decision, and some will despair at it; that is the nature of a controversy that matters so much to so many,” Scalia writes. “But the Court has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat. We owed both of them better.”
In another 5-4 decision, the court determined anti-gay forces don’t have standing to defend California’s Proposition 8. That decision leaves in place a district court injunction that prohibits the state of California from enforcing its ban on same-sex marriage. Gay couples will be able to marry in the state once the U.S. Ninth Circuit Court of Appeals lift its stay.
Roberts wrote the majority opinion for the court and was joined by Scalia, Ginsburg, Breyer and Kagan. Kennedy wrote the dissenting opinion and was joined by Thomas, Alito and Sotomayor.
“The Article III requirement that a party invoking the jurisdiction of a federal court seek relief for a personal, particularized injury serves vital interests going to the role of the Judiciary in our system of separated powers,” Roberts writes. “States cannot alter that role simply by issuing to private parties who otherwise lack standing a ticket to the federal courthouse.”
The court’s ruling in the case against Prop 8, known as Hollingsworth v. Perry, is specific only to California — meaning the justices didn’t grant the expansive ruling that supporters of marriage equality had sought to bring marriage equality to all 50 states.
Shortly after HRC President Chad Griffin walked out of the court with plaintiffs in the marriage cases, he received a call from President Obama who was aboard Air Force One. Obama congratulated Griffin for the victories as reporters and onlookers watched.
The decisions were handed down 10 years to the day that the Supreme Court announced its landmark decision in the 2003 case of Lawrence v. Texas, which struck down state sodomy laws throughout the country.
The challenge to DOMA, known as United States v. Windsor, was filed by the American Civil Liberties Union and others in 2011 on behalf of lesbian New York widow Edith Windsor. Upon the death of her spouse Thea Spyer in 2009, Windsor had to pay the U.S. government $363,000 in estate taxes because of DOMA — a penalty that she wouldn’t have faced if she were married to a man.
The decision striking down DOMA affirms the initial rulings against the federal anti-gay law last year by U.S. District Judge Barbara Jones and the U.S. Second Circuit Court of Appeals.
The Obama administration helped in securing the ruling against DOMA. After it stopped defending DOMA in 2011, the U.S. Justice Department began filing briefs against the law and sent attorneys to litigate against it during oral arguments. U.S. Solicitor General Donald Verrilli argued against DOMA before the Supreme Court, saying the law doesn’t hold up under the standard heightened scrutiny, or a greater assumption it’s unconstitutional.
But the Supreme Court didn’t get to the issue of heightened scrutiny in the DOMA case because it found the law was unconstitutional under the less stringent standard of rational basis review.
The case against Prop 8 was filed by the California-based American Foundation for Equal Rights in 2009 on behalf of two plaintiff couples — a lesbian couple, Kristin Perry and Sandra Stier, and a gay male couple, Paul Katami and Jeffrey Zarrillo — who were unable to marry because of the state’s constitutional ban on same-sex marriage.
The attorneys representing them were Theodore Olson, a former U.S. solicitor general during the Bush administration, and David Boies, a so-called “dream team” of attorneys who represented opposite sides in the 2000 case Bush v. Gore.
Because the state officials — California Gov. Jerry Brown and Attorney General Kamala Harris — refused to defend Prop 8 in court, anti-gay groups that put Prop 8 on the ballot in 2008 such as ProtectMarriage.com took up the responsibility of defending the measure. The California Supreme Court certified the groups had standing under state law and the U.S. Ninth Circuit Court of Appeals affirmed they had standing.
But the high court determined that these groups — even though attorney Charles Cooper spoke on behalf on them in oral arguments — don’t have standing because they lack any legal injury in the wake of the lower court’s determination that Prop 8 is unconstitutional.
The Obama administration had also assisted in efforts to secure a ruling against California’s Proposition 8. The Justice Department filed a friend-of-the-court brief in February saying the ban was unconstitutional and Verrilli argued in court against Prop 8, suggesting all eight states with domestic partnerships should be required to grant marriage rights to gay couples.
The issue of standing also came up in the DOMA case for two reasons. One, the court had questioned whether the U.S. Justice Department could have appealed the district court ruling to the Second Circuit because the initial ruling against DOMA was what the Obama administration wanted. Two, the court questioned whether the Bipartisan Legal Advisory Group, a five-member Republican-majority panel within the U.S. House, had standing to take up defense of DOMA in the administration’s stead.
But the court determined an active controversy remains in the case because the U.S. government still hasn’t refunded Windsor the $363,000 she paid in estate taxes. Once the court determined it has jurisdiction based on the Obama administration’s appeal of the lawsuit, it didn’t get to the issue of whether BLAG has standing.
In his ruling, Kennedy writes the continuation of litigation in the absence of a federal ruling on DOMA would cause uncertainty.
“[T]he costs, uncertainties, and alleged harm and injuries likely would continue for a time measured in years before the issue is resolved,” Kennedy writes in the ruling. “In these unusual and urgent circumstances, the very term ‘prudential’ counsels that it is a proper exercise of the Court’s responsibility to take jurisdiction.”
The White House
White House counterterrorism strategy targets ‘anti-American, radically pro-transgender’ groups
Administration released document last week
The White House released the “United States Counterterrorism Strategy” last week, introducing enforcement priorities that include references to people with “extreme transgender ideologies.”
The document is the first executive branch counterterrorism strategy released since former President Joe Biden’s 2021 “National Strategy for Countering Domestic Terrorism,” which largely focused on threats tied to domestic extremism and the Jan. 6 Capitol attack. The Trump-Vance administration’s new strategy instead centers heavily on cartels, Islamist organizations, and what it describes as “violent left-wing extremists.”
The report identifies three primary categories of terror threats facing the U.S.: “Narcoterrorists and Transnational Gangs,” “Legacy Islamist Terrorists,” and “Violent Left-Wing Extremists, including Anarchists and Anti-Fascists.” The strategy repeatedly frames those groups as existential threats to the U.S. and outlines a more aggressive, militarized counterterrorism posture.
The introduction to the report closes with a warning from President Donald Trump referencing counterterrorism operations carried out during his second administration: “We will find you and we will kill you.”
In the section outlining the administration’s counterterrorism priorities, the document argues that federal intelligence, and law enforcement agencies under prior administrations focused on the wrong threats while overlooking violence committed by left-wing extremists. The strategy specifically references transgender ideology while discussing political violence.
“As real threats were ignored or underplayed, Americans have witnessed the politically motivated killings of Christians and conservatives committed by violent left-wing extremists, including the assassination of Charlie Kirk by a radical who espoused extreme transgender ideologies.”
Claims tying a trans person to Kirk’s killing have been disputed, however, and multiple news outlets later retracted or corrected early reports that identified the shooter as trans.
The report later expands on that argument, saying the administration will prioritize targeting “violent secular political groups” it describes as anti-American and “radically pro-transgender.”
“In addition to cartels and Islamist terror groups, our national CT activities will also prioritize the rapid identification and neutralization of violent secular political groups whose ideology is anti-American, radically pro-transgender, and anarchist.”
The rhetoric mirrors claims frequently made by Trump allies and conservative commentators linking trans people and left-wing activism to political violence. However, data compiled by researchers and organizations tracking mass shootings does not support the idea that trans people are responsible for a significant share of such attacks.
Factcheck.org says rhetoric from Trump and several far-right political pundits contradicts available data, noting that the percentage of mass shootings committed by trans people is “exceedingly small.”
Despite the lack of evidence supporting generalized claims about trans people, the president’s son Donald Trump, Jr., told Fox News in September 2025 that he could not “name a mass shooting in the last year or two in America that wasn’t committed by, you know, a transgender lunatic.”
Factcheck.org also found that even if cases involving shooters with unclear gender identities were included in statistics about trans mass shooters, the number would still account for only a fraction of a percent.
Mark Bryant, founding executive director of the Gun Violence Archive, said the number of trans mass shooters could be as high as eight, but would still account for less than 0.1 percent of mass shootings over the last 12 years, according to GVA data. He added that the figure would remain below 0.2 percent even when examining incidents from 2018 to the present.
Beyond domestic extremism, the strategy frames the administration’s broader counterterrorism agenda through the lens of “America First” foreign policy and renewed U.S. dominance in the Western Hemisphere. The report repeatedly references the Monroe Doctrine, the nearly 200-year-old policy warning European powers against interference in the Americas.
“After years of neglect, the United States will reassert and enforce the Monroe Doctrine to restore American preeminence in the Western Hemisphere, and to protect our homeland” Trump said in the report.
The document also breaks down counterterrorism priorities by region, including the Middle East, where it argues the U.S. is “no longer as dependent” on the region because of increased domestic energy production.
“Our growing domestic energy production means the Middle East is no longer as central to America’s stability, yet threats from this region remain, and our counterterrorism goals continue to be specific and rooted in realistic threat analysis.”
The statement comes amid rising gas prices tied in part to instability surrounding the war involving Iran, with fuel costs reaching some of their highest levels since 2022. According to AAA, the national average price for gasoline climbed to $4.52 per gallon as the national average rose “$.25 for a second straight week.“
District of Columbia
Anti-LGBTQ violence prevention efforts highlighted at D.C. community fair
Mayor’s Office of LGBTQ Affairs organized May 8 event
Detailed advice on how LGBTQ people can avoid, defend themselves against, and prevent themselves and loved ones from becoming victims of violence, with a focus on domestic and intimate partner violence, was presented at a May 8 LGBTQIA+ Safety in Numbers Community Fair.
The event, organized by the D.C. Mayor’s Office of LGBTQ Affairs, included five workshop sessions and information tables set up by 14 LGBTQ-supportive organizations and D.C. government agencies or agency divisions, including the D.C. Metropolitan Police Department’s LGBT Liaison Unit and the D.C. LGBTQ+ Community Center.
Also playing a lead role in organizing the event was the D.C. LGBTQIA+ Violence Prevention and Response Team, or VPART, a coalition of D.C. officials and leaders of community-based organizations that work with the Office of LGBTQ Affairs.
The event was held in meeting space in the building where the Office of LGBTQ Affairs is located at 899 N. Capitol St., N.E.
The workshop topics included de-escalation training on healthy relationships, bystander intervention, self-defense training, violence prevention grants, and suicide prevention.
“This will be a public safety and violence prevention event where community partners will educate attendees on various methods of violence intervention and trauma-informed practices,” according to a statement released by the Mayor’s Office of LGBTQ Affairs prior to the start of the event.
The statement adds, “We will have live demos, interactive games, and workshops focused on strategies for self-defense, protecting vulnerable communities, increasing access to mental health resources, providing tools for recognizing domestic violence/intimate partner violence signs in intimate relationships, and assistance for substance abuse.”
Sonya Joseph, associate director of engagement for the Office of LGBTQ Affairs, told the Washington Blade that studies have shown rates of domestic or intimate partner violence are higher in the LGBTQ community than in the community at large.
“Domestic violence and intimate partner violence are two very big prevalent issues in the LGBTQ community,” she said, adding that some of the workshops at the event would be providing “training on healthy relationships and how to recognize and prevent intimate partner violence and the signs of it.”
About 35 to 40 people attended the workshop sessions.
Experts specializing in violence impacting the LGBTQ community have said domestic violence refers to violence among people in domestic relationships that can include spouses but also siblings, parents, cousins, and other relatives. Intimate partner violence, according to the experts, refers to violence perpetuated by a partner in a romantic or dating relationship.
These D.C. based organizations or agencies that participated in the LGBTQIA+ Safety in Numbers event, and which can be contacted for assistance, include:
• Defend Yourself
• DC LGBTQ+ Community Center
• American Foundation for Suicide Prevention
• Joseph’s House
• Us Helping Us, People into Living, Inc.
• MCSR (formerly known as Men Can Stop Rape)
• MPD LGBT Liaison Unit
• Volunteer Legal Advocates
• DC SAFE
• Destination Tomorrow
• D.C. Office of Victims Services and Justice Grants
• Life Enhancement Services
• ONYX Therapy Group
• U.S. Attorney’s Office for D.C.
Rehoboth Beach
Celebrated performer Rose Levine plays Rehoboth on May 15
Freddie’s to host Fire Island legend
Rose Levine is a celebrated entertainer best known for her longstanding performances in Cherry Grove, Fire Island, since 1955 where she has become a beloved fixture of the community’s vibrant arts and nightlife scene. With a career spanning decades, Levine has captivated audiences with her cabaret singing shows full of charisma, classic numbers, humor, and unmistakable stage presence—proving that some stars don’t fade, they simply get better lighting.
Levine is also closely associated with the legendary Fire Island Invasion of the Pines, the annual Fourth of July spectacle in which performers and revelers make their grand (and gloriously over-the-top) entrance by boat from Cherry Grove to Fire Island Pines, now a 50-year tradition. Her role in launching and sustaining this tradition has helped make it one of the most iconic—and entertaining—events of the summer season.
A consummate storyteller, Levine brings audiences along for a glittering ride through entertainment history. Rose will sing her Broadway melodies by Jerry Herman, Irving Berlin, Cy Coleman, Cole Porter, and others. With music direction by Mark Hartman the one-night-only event will celebrate Levine’s legendary life in drag, featuring signature crowd-pleasers and celebrity stories. A friend of Broadway composer Jerry Herman, she shares delicious stories of legends like Ethel Merman and recalls a young Barbra Streisand before she became Barbra Streisand while both performing at the famed singing contests at Greenwich Village’s famed Lion nightclub before her big break at the Bon Soir. Her shows are a mix of music, mischief, and memories of old New York and Fire Island — back when Cherry Grove didn’t even have electricity, but somehow still had better nightlife than most cities today.
Her legendary Fire Island home, Roseland, has hosted its fair share of unforgettable gatherings (and likely a few stories that can’t be printed in a family newspaper), making it a cornerstone of the community’s social scene. Levine splits her time between Manhattan and her summer perch on Fire Island—though audiences across the country are grateful she travels.
In fact, she performs at The Green Room and 54 Below in Manhattan, Cherry Grove in Fire Island, Act 2 and The Palm in Puerto Vallarta, Red Dot Cabaret in Hudson, N.Y., and now Freddie’s in Rehoboth Beach—because retirement, frankly, sounds boring. Her place in the Guinness Book of World Records as the oldest continuously performing drag queen in the world only adds to the legend and gives her bragging rights she fully intends to use.
And now, Rehoboth—consider yourself warned.
Don’t miss Rose Levine live on May 15 at Freddie’s Beach Bar. Dinner begins at 6:30 p.m., with the show at 7 p.m. Come for the cocktails, stay for the stories, and leave wondering how one person can have that many fabulous decades.
Levine’s legacy is defined not only by her remarkable career, but by her ability to connect with audiences across generations—usually while making them laugh, gasp, and occasionally blush. Don’t miss this show.
White House counterterrorism strategy targets ‘anti-American, radically pro-transgender’ groups
Anti-LGBTQ violence prevention efforts highlighted at D.C. community fair
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