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.”
National
Inside the lonely world of MAGA gay men
Pushback against community members who support Trump is not unusual
Uncloseted Media published this article on April 18.
This story was written in partnership with Gay Times Magazine.
By EMMA PAIDRA | When Evan decided it was time to tell his boyfriend that he voted for Trump, he couldn’t get the words out. “I was stuttering for 20 minutes straight on the phone,” he told Uncloseted Media and GAY TIMES.
Once he finally worked up the courage, he was met with pushback: “He made fun of me. … He called me a racist and a white supremacist,” says Evan, a 21-year-old math major who lives in Long Island, N.Y.
That pushback isn’t unusual: According to a 2023 Pew Research Center survey, 83 percent of queer men typically vote Democrat. One key reason gay men swing left in 2026 is because of the Trump administration and MAGA-aligned politicians’ track record on LGBTQ issues. Since the start of Trump’s second term, his administration has terminated more than $1 billion worth of grants to HIV-related research, removed the Pride flag from the Stonewall National Monument and shut down the LGBTQ-specific option on the 988 youth suicide hotline.
Because of this, many of the fewer than one in five LGBTQ men who cast their ballot for Trump in 2024 face judgment for their political affiliation.
“People think that I hate myself for being gay, and that I’m a gay traitor. … I wish there were more gay conservatives or moderates,” says Evan, who requested to use a pseudonym due to fears over retaliation for his political views.
Navigating dating and relationships as a gay Trumper
Nick Duncan, 43, can relate to Evan’s fears about being an open Trump supporter: “I mostly get hatred. I’ve never lost a conservative friend because I’m gay, but I’ve lost all of my gay friends because I’m conservative,” says Duncan, a hospitality executive who lives in Miami. “I’ve divorced myself from what I refer to as the Alphabet Mafia.”
Duncan says he feels so unwelcome by the LGBTQ community that he’s hesitant to attend certain queer events. “Nowadays, I would never go to a Pride event,” Duncan told Uncloseted Media and GAY TIMES. “I don’t feel that I would be safe.”
Despite these concerns, Duncan doesn’t hide his political views when looking for love. “I’m in a long-term relationship now, and when I have been on the dating market, I’m very open and upfront about [my political views]. So I think it just weeds out most people who would have an issue.”
For Evan, political differences have been a source of tension in his relationship even before he told his boyfriend who he voted for. “When I first met him, he asked me if I liked Trump. … He was kind of scaring me. So I said, ‘I don’t know,’” Evan recalls. “He said, ‘Good answer, because if you said yes, I couldn’t even talk to you.’”
Since revealing his conservative identity, Evan has had multiple arguments with his boyfriend about politics. “This guy, who I’ve been dating for almost a year, he’s way too far left. … The first proof is he thinks there’s more than two genders,” says Evan. “I tried telling him there were only two genders, and he got mad at me.”
Though Evan believes there are only two genders, research suggests that gender is a spectrum allowing for multiple gender identities.
Proud gay Trump supporters
According to a 2025 report from Pew Research Center, 71 percent of LGBTQ adults view the Republican Party as unfriendly towards LGBTQ Americans. Duncan thinks these critiques are unreasonable: “The Republican Party is not nearly as anti-gay as [leftists] believe,” he says. “The Trump administration has plenty of openly gay people in the administration, and Trump actually supported gay marriage before it was cool.”
Gay members of the Trump administration include Treasury Secretary Scott Bessent, as well as Tony Fabrizio, a pollster and strategist. Additionally, Trump did tell the Advocate in a 2000 interview that though “the institution of marriage should be between a man and a woman,” he thinks amending the Civil Rights Act to grant the same protection to gay people that we give to other Americans is “only fair.”
But since then, Trump has appointed Supreme Court Justices who have denounced marriage equality and Cabinet members with anti-LGBTQ track records, including Pete Hegseth, Marco Rubio, and Pam Bondi.
Duncan says part of the reason he isn’t worried about Trump’s anti-LGBTQ track record is because he doesn’t view being gay as the most important part of his identity: “The most important part of who I am is as a father.”
Duncan is not alone: A 2020 report from the UCLA Williams Institute School of Law found that Republican lesbian, gay, and bisexual people are more likely to feel connected to other parts of their identities than their sexual orientations.
Evan doesn’t identify with the community at large and does not like to be referred to as “LGBTQ” or “queer.”
“I realized I’m normal. I’m not LGBTQ,” he says. “I’m just gay.”
Evan’s desire to be seen as “normal” rings of Vice President JD Vance’s 2024 comments on Joe Rogan’s podcast, where he said Trump could win the “normal gay” vote. During this same interview, Vance suggested that parents of genderqueer children use their children’s identities as a rejection of having white privilege. Vance received significant backlash for these comments, with the Human Rights Campaign responding to the vice president’s remarks over X.
Some gay Republicans see the GOP as more friendly
For Chris Doane, 56, voting Republican is the only choice that makes sense, as he believes voting for a Democrat goes directly against his interests as a queer man. “Conservatives don’t want to murder gays. They want them saved,” he says. “Muslims vote Democrat, because if the Democrats win, they get to stay [in the U.S.], they get to take power, and they will murder gays brutally with a smile on their face,” says Doane.
Doane’s comments are unfounded and display racist stereotypes peddled by far-right American media: One study from the Brennan Center for Justice compiled data from 1984 to 2020 and found that racial resentment is more prevalent on the right than on the left.
Doane was raised in a conservative family in Bryan, Texas, and isn’t out to his family because he fears that they won’t accept him. For him, voting Republican is part of his heritage. “I was told, ‘Don’t ever let Democrats in control. They’ll ruin our country,’” he says. “That’s pretty much what they did, and that’s why President Trump is working overtime to straighten it all back out.”
Trans rights and gay Republican men
Though Doane and other gay Republicans hold a range of views, a common thread is a hesitancy around trans rights. So, they align more with the Trump administration, which has railed against the trans community with Trump’s policies and rhetoric.
For example, Doane sees being able to transition as a matter of personal freedom but thinks gender-affirming care for trans kids is a step too far.
“When it comes to transgender, I have nothing against that. I just believe that when you make that transition, it should be at a point where your brain is fully developed … and you’re actually going to enjoy that transition,” he says.
He also holds the view that for a trans person to be accepted as their correct gender, they must fully physically transition. “If you’re gonna transgender, transgender all the way. If you’ve still got male parts on you, you don’t belong in the women’s dress room.” However, research suggests otherwise, with a 2025 study indicating that policing bathroom access can lead to mental distress in trans youth.
Duncan has his own doubts.
“I disagree with the integration of gender ideology and radical wokeism into the LGBT community. You are free to live under any delusion you so desire. You’re not free to require me to live under your delusion as well,” he says. “But if somebody wants to live as a man or a woman, however it is, I firmly believe they have the right to do that. I would never get in the way of it.”
Duncan also believes that education about LGBTQ people should be limited in schools. He sees adolescence as a fundamentally confusing time, and believes an education about LGBTQ communities would “add on layers of confusion.” This belief seems to be in line with Gov. Ron DeSantis’ 2022 “Don’t Say Gay” bill, which has banned education on gender identity and sexual orientation in Florida’s classrooms from pre-kindergarten until the end of eighth grade, though there are exceptions for health lessons.
“It’s okay to tell kids that some boys like boys, some girls like girls, some people like both. But it just needs to be kept vague and general,” Duncan says. “However you are is okay. We don’t need to expose children to gay media because if you’re gay, you’re going to know.”
Duncan does not believe heteronormative bias in mainstream media is a problem, though a study published in Equity & Excellence in Education found heteronormative biases in schools may harm queer students. “The vast majority of people are heterosexual, and a functioning society is built on a heteronormative bias,” he says. “It is important to understand that we are the extreme minority and society is not responsible for conforming to us.”
They approve of Trump and don’t see him as a threat
While LGBTQ Americans see the Republican party as unfriendly towards queer people, Duncan and Doane aren’t worried about being stripped of their rights. Duncan says the 2015 passage of gay marriage solidified his equal rights. “We have marriage as gay men. I have every right that a straight man does,” he says.
Doane also feels that his rights are secure under Trump 2.0 and approves of the president so far. “I voted for that great, big, beautiful wall because we were being overrun by illegals,” he says. Doane also approves of U.S. interventions in Iran and Venezuela, though he criticizes Trump for “leaving [Venezuela] way too soon.”
Similarly, Duncan is generally approving of Trump’s handling of immigration. “I don’t love what we’re doing as far as deportations, but we had to get some control over the illegal population,” says Duncan. “I wish there was another way, but I can’t think of it.”
Duncan and Doane are certainly in the minority as queer men who approve of Trump, but as far as they’re concerned, Trump is delivering on his promises. “Overall, I’m happy,” says Duncan. “I’m getting pretty much exactly what I voted for.”
Editor’s note: An earlier version of this article stated that Trump told the Advocate in 2000 that legalizing gay marriage was “only fair.” That was incorrect. He told the publication that he thinks amending the Civil Rights Act to grant the same protection to gay people that we give to other Americans is “only fair.”
District of Columbia
Judge rescinds stay-away order in Capital Pride anti-stalking case
Evidence hearing to determine if order should be reinstated against Darren Pasha
A D.C. Superior Court judge on April 17 rescinded an anti-stalking order he approved in February at the request of Capital Pride Alliance against local LGBTQ activist Darren Pasha.
In a ruling at a court status hearing, Judge Robert D. Okum agreed with defendant Darren Pasha’s stated concern that the initial order was too broad and did not specify who specifically he must stay at least 100 feet away from, as called for in the order.
Okum ruled on April 17 that the initial order, which he noted was oral rather than written, would be suspended until an evidentiary hearing takes place in which Capital Pride will need to present evidence justifying the need for such an order.
“I’m fine with scheduling a hearing at which the plaintiff can present evidence, and the defendant can present evidence,” Okum said. “But I’m not fine with just continuing this oral TRO [Temporary Restraining Order] that Mr. Pasha really doesn’t even have notice of. That seems unfair,” he said.
After asking both Pasha and Capital Pride Alliance Attorney Nick Harrison when they would be available for the evidence hearing, Okum set the date for April 27 at 11 a.m. in Superior Court.
The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a Civil Complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride’s staff, board members, and volunteers.
The complaint was accompanied by a separate motion seeking a restraining order, preliminary injunction, and anti-stalking order prohibiting Pasha from “any further contact, harassment, intimidation, or interference with the Plaintiff, its staff, board members, volunteers, and affiliates.”
In his initial ruling in February, Okum issued an order requiring Pasha to stay at least 100 feet away from Capital Pride staff, board members, and volunteers until the April 17 status hearing. He reduced the stay-away distance from the 200 yards requested by Capital Pride.
Pasha, who has so far represented himself in court without an attorney, has argued in multiple court filings and motions that the Capital Pride stalking allegations are untrue. In his initial 16-page response to the complaint, Pasha said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.
“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” Pasha’s court response states.
At the April 17 hearing, Okum also ruled that, as standard procedure for civil complaints such as this one, he has ordered both parties to enter into court-supervised mediation to attempt to reach a settlement rather than go to trial.
In an earlier ruling Okum denied Pasha’s request for a jury trial, stating that civil cases such as this must undergo a trial with the judge determining the verdict under existing civil court statutes.
The April 17 court hearing was held in a courtroom at the courthouse, but as allowed under current court rules, Capital Pride attorney Harrison and Capital Pride official June Crenshaw participated virtually through a video connection. Pasha attended the hearing in the courtroom.
“This matter is proceeding through the court in the normal course,” Capital Pride released in a statement. “We look forward to presenting the relevant evidence at the scheduled hearing. Capital Pride Alliance remains committed to maintaining a safe and respectful environment for our staff, volunteers, and community, and to addressing concerns through appropriate channels.”
“This is clearly a case of retaliation,” Pasha told the Blade after the hearing. “Today the judge removed the stay-away order and asked Capital Pride Alliance to present enough evidence and examples to see if a stay-away order should be granted,” he said. “Because Pride is coming up in June, we need to see where this is going.”
National
LGBTQ Catholic groups slam Trump over pope criticism
‘Moral truth and compassion always overcome ignorant hate’
LGBTQ Catholic groups have sharply criticized President Donald Trump over his criticisms of Pope Leo XIV.
Leo on April 13 told reporters while traveling to Algeria that he had “no fear of the Trump administration” after the president described him as “weak on crime” and “terrible for foreign policy” in response to his opposition to the Iran war. (Trump on the same day posted to Truth Social an image that appeared to show him as Jesus Christ. He removed it on April 13 amid backlash from religious leaders.)
Vice President JD Vance, who is Catholic, during a Fox News Channel interview on the same day said “in some cases, it would be best for the Vatican to stick to matters of morality, to stick to matters of what’s going on with the Catholic church, and let the president of the United States stick to dictating American public policy.” Vance on April 14 once again discussed Leo during an appearance at a Turning Point USA event in Athens, Ga., saying he should “be careful when he talks about matters of theology.”
Italian Prime Minister Giorgia Meloni; former U.S. Ambassador to the Vatican Miguel Díaz; and Oklahoma City Archbishop Paul Coakley, president of the U.S. Conference of Catholic Bishops, are among those who have criticized Trump over his comments. The president, for his part, has said he will not apologize to Leo.
“The world is being ravaged by a handful of tyrants,” said Leo on Thursday at a cathedral in Bamenda, Cameroon.
Francis DeBernardo is the executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization. He told the Washington Blade on Thursday that Trump’s comments about Leo “are one more example of the ridiculous hubris of this leader (Trump) whose entire record shows that he is nothing more than a middle-school bully.”
“LGBTQ+ adults were often bullied as children, and they have learned the lesson that bullies act when they feel frightened or threatened,” said DeBernardo. “But secular power does not threaten the Vicar of Christ, and Pope Leo’s response illustrates this truth perfectly.”
DeBernardo added Trump “is obviously frightened that Pope Leo, an American, has more power and influence than the president on the world stage.”
“Like most Trumpian bullying, this strategy will backfire,” DeBernardo told the Blade. “Moral truth and compassion always overcome ignorant hate. Trump’s actions are not an example of his power, but of his impotence.”
Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, echoed DeBernardo.
“He [Trump] has demonstrated throughout both presidencies that he doesn’t understand the basic concepts of any faith system that is founded on the dignity of human beings, the importance of common good,” Duddy-Burke told the Blade on Thursday during a telephone interview. “It’s just appalling.”
Duddy-Burke praised Leo and the American cardinals who have publicly criticized Trump.
“The pope’s popularity — given how much more respect Pope Leo has than the man sitting in the White House — is a blow to his ego,” Duddy-Burke told the Blade. “That seems to be a sore sport for him.”
“It’s such an imperialistic world view,” she added.
Leo ‘is the real peacemaker’
The College of Cardinals last May elected Leo to succeed Pope Francis after his death.
Leo, who was born in Chicago, is the first American pope. He was the bishop of the Diocese of Chiclayo in Peru from 2015-2023.
Francis made him a cardinal in 2023.
Juan Carlos Cruz — a gay Chilean man and clergy sex abuse survivor who Francis appointed to the Pontifical Commission for the Protection of Minors — has traveled to Ukraine several times with Dominican Sister Lucía Caram since Russia launched its war against the country in 2022. Cruz on Thursday responded to Trump’s criticism of Leo in a text message he sent to the Blade from Kyiv, the Ukrainian capital.
“I am in Ukraine under many attacks,” said Cruz. “Trump is an asshole and has zero right to criticize the Pope who is the real peacemaker.”
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