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.”
District of Columbia
Pride faith services in Washington, D.C.
Almost half of all LGBTQ adults in the U.S. are religious
Are you an LGBTQ person of faith or someone exploring spirituality? It is more common than people realize. According to a Williams Institute study published in October 2020, almost half of all LGBTQ adults in the United States are religious. This may seem counterintuitive as any LGBTQ people have complicated relationships with faith because of very real histories of abuse, trauma, and violence.
This violence still continues in the United States, especially following the Supreme Court’s March 2026 decision in Chiles v. Salazar, who ruled Colorado’s ban on conversion therapy for minors violates the First Amendment, but not everyone has encountered this violence, nor do people who have faced it, separate themselves completely from religion. Many people may seek out affirming faith traditions which are prevalent in the DMV area.
For individuals seeking out faith services during Pride 2026, please check out the list below, which will be updated as more events are publicized.
Memorial Service for SaVanna Wanzer
May 17th at 1 pm
Westminster Presbyterian Church (400 I St SW, Washington, DC 20024)
Westminster Presbyterian will host a celebration of life for legendary DC trans rights activist and founder of DC Trans Pride and Black Trans Pride SaVanna Wanzer who was a long-time member of the church. Live music will begin at 12:15 pm before the start of the memorial service. The service will be livestreamed on the Westminster DC Facebook page. A meal will follow the Sunday service.
There will also be a celebratory vigil held on Saturday, May 16th from 6:30-8 pm for friends and family at the church led by LGBTQ organizer Raycee Pendarvis.
May 23th at 11 am
Downtown Westin (999 9th Street NW, Washington, DC 20001)
This intimate conversation is hosted by Janeé Lee, founder of Queer Ministry, between Black trans and queer people who are surviving religious trauma and navigating their relationship with the church. The workshop, hosted as part of Trans Pride DC, is a chance for people to share their stories at the intersection of queerness and spirituality and to walk away with a spiritual healing guide with affirming scriptures and inclusive theology.
DC Black Pride Worship Service
May 24th at 10 am
Remnant Christian Center (120 West Hampton Avenue, Capitol Heights, MD)
Hosted by The Community Church of Washington DC-UCC, this service will feature speakers and sessions on Black queer faith and unity, including host and speaker Robert D. Wise Jr. for a powerful Pentecost Unity Service. Attendees are encouraged to come dressed in and white.
June 5th at 7 pm
Sixth & I (600 I Street, NW, Washington, DC 20001)
Join Rabbi Jenna will be leading an inclusive, musical service celebrating the diversity of Jewish life in Washington, DC. Happy Hour, which is limited to people 21 and older, will start at 6 pm. The service will start at 7 pm, with dinner at 8:15 pm. The service is free but registration is required, and the kosher-style pescatarian meal does cost money. Register online here.
June 14th at 5 pm
Black Cat (1811 14th St NW, Washington, DC 20009)
Muslim Pride is a community-led and funded grassroots performance series centering queer and trans Muslim artists through music, drag and dance. The series was originally founded in 2020 as a way to create affirming spaces where faith, culture, and queerness can coexist. This year’s series features Mercedes Iman Diamond. This year, Muslim Pride expands to Washington, DC, New York City, and Los Angeles. Buy tickets here.
Pride Celebrations and Sunday Worship Service
June 14th all day
Riverside Baptist Church (699 Maine Avenue SW, Washington, DC 20024)
Join Riverside Baptist Church for a day-long Pride celebration beginning with Pride Weekend/Musical Theater Sunday worship service at 10 am. Later that morning and early afternoon, from 11:30 am to 1:30 pm, the church will be hosting a Pride Pageant, a technicolor celebration featuring a runway showcase, line dancing, food, and refreshments.
June 22nd at 7 pm
St. Mark’s Episocpal Church (301 A Street, SE, Washington, DC 20003)
Join this interfaith service celebrating affirming faith traditions and intertradition dialogue hosted by queer and trans faith leaders. The interfaith service has been hosted annually for over 40 years, and first began back in the 1980s with faith leaders and queer people of faith coming together to mourn and pray at the site of the AIDS Memorial Quilt on the National Mall. Learn more about the history of the interfaith service here.
June 23rd at 6 pm
Holy Trinity Catholic Church (3513 N St NW, Washington, DC 20007)
Holy Trinity will be hosting its 6th annual Pride Mass. After its debut this past summer, the Pride Mass choir will be singing at the Pride Mass in June, and following the Mass, there will be an annual reception with ice cream and other goodies. Learn more about attending the reception and Holy Trinity’s LGBTQ+ Ministry.
European Union
European Commission says all EU countries should ban conversion therapy
Recommendation ‘an important step forward for LGBTI rights across Europe’
The European Commission on Wednesday said all European Union countries should ban so-called conversion therapy.
The recommendation comes weeks after the European Parliament voted in favor of prohibiting the widely discredited practice across the EU. More than 1.2 million people signed a campaign in support of the ban that ACT (Against Conversion Therapy) LGBT launched in 2024 through the EU’s European Citizens Initiative framework.
“We warmly welcome today’s commitment from the European Commission to a recommendation on ending conversion practices, an important step forward for LGBTI rights across Europe,” said ILGA Europe in a statement.
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
ILGA Europe said the European Commission’s recommendation “highlights how much work remains to be done.”
“Ending conversion practices cannot stop at symbolic commitments or fragmented national approaches,” stressed the advocacy group. “We need coordinated EU action, proper training for professionals, and survivor-centered support systems that recognize the serious harm these practices cause.”
“More than one million people supported the European Citizens’ Initiative calling for change,” added ILGA Europe. “The message is clear: conversion practices are not therapy or belief, they are a form of violence that Europe can and should end.”
Delaware
Blade Foundation awards 9th journalism fellowship to AU student
Thomas Weaverling will cover LGBTQ issues in Delaware this summer
The Blade Foundation this week announced the recipient of its 2026 Steve Elkins Memorial Fellowship in Journalism is Thomas Weaverling, who is scheduled to graduate from American University with a degree in communication, language, and culture this month.
He will cover issues of interest to Delaware’s LGBTQ community for 12 weeks this summer. The fellowship is named in honor of Steve Elkins, a journalist and co-founder of the CAMP Rehoboth LGBTQ community center. Elkins served as editor of Letters from CAMP Rehoboth for many years as well as executive director of the center before his death in March of 2018.
Kevin Naff, editor of the Blade, welcomed Weaverling and will introduce him to the Rehoboth Beach community at an event this week.
“If the applicants to our fellowship program are any indication, the future of American journalism is very bright,” Naff said. “Thomas stood out for his broad skillset and strong writing and reporting skills and we’re all excited to work with him this summer.”
Weaverling is the ninth recipient of the Elkins fellowship, which is funded by community donations at the Blade Foundation’s annual fundraiser in Rehoboth Beach. This year’s event is scheduled for May 15 at Diego’s and includes a generous sponsorship from Realtor Justin Noble and remarks from Ashley Biden accepting an award on behalf of her brother Beau Biden for his LGBTQ advocacy while serving as Delaware’s attorney general.
“I am incredibly honored and excited to receive the Steve Elkins Memorial Fellowship in Journalism,” Weaverling said. “Writing for the Washington Blade has been a goal of mine since I began my freshman year of college and I could not be more thrilled to have this opportunity. I am looking forward to getting to know the LGBTQ+ community in Rehoboth Beach and throughout Delaware.”
Weaverling is graduating cum laude with a concentration in journalism and Spanish. He studied in Spain in 2025 and worked in the office of Rep. Bonnie Watson Coleman (D-N.J.) as a policy intern.
For more information on the fellowship program or to donate, visit bladefoundation.org.
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