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
Center Arts Gallery celebration, auction to take place on Oct. 17
D.C. LGBTQ+ Community Center to mark event’s 10th anniversary
The D.C. LGBTQ+ Community Center is hosting its 10th anniversary celebration of the opening of its Center Arts Gallery on Saturday, Oct. 17, at the Center’s offices at 1827 Wiltberger St., N.W., from 6 – 9 p.m.
“For 10 years, the D.C. LGBTQ+ Community Center’s Arts Gallery has been more than a place where art is displayed,” a statement released by the center says.
“It has been a space where LGBTQ+ artists are seen, celebrated, and connected to community, and where their work has given expression to the stories of joy, resistance, grief, beauty, survival, courage, and imagination,” the statement adds.
It says those attending the event would have an opportunity to bid on donated artwork in an auction and to meet and interact with “the artists whose creativity has helped bring Center Arts Gallery to life, enjoy wonderful food and music, and celebrate a decade of LGBTQ+ artistic expression.”
But the statement posted on the LGBTQ+ Community Center’s website says free general admission tickets may have been sold out, with $75 VIP tickets still available. It says the proceeds from ticket sales will be used to help support the LGBTQ+ Community Center’s operations.
Attendees and others were also invited to an event after party at the LGBTQ bar and cafe Spark Social from 9-11 p.m. at 2009 14th St., N.W.
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Congratulations to Richard Garrett on being honored by Delaware Gov. Matt Meyer with the Order of the First State. Garrett is executive director of the Children’s Beach House, in Lewes, Del. Upon accepting the honor he said, “I am deeply honored to be recognized by Governor Meyer with the Order of the First State, but I hope this occasion also shines a light on children who are struggling in some of the same ways I struggled as a child and teenager. Perseverance, connection, patience, and the presence of caring adults made all the difference in my life. For 24 years, my greatest privilege has been helping Children’s Beach House create that same sense of belonging and possibility for children and families across Delaware. They are strong, smart, resilient, and resourceful—and they deserve every opportunity to discover just how much they are capable of becoming.”
He told the Blade, “In many ways, my own childhood helps explain why this work has been so deeply personal to me. I grew up in a family that struggled financially, and I had a speech impediment so severe that, as a young child, I often could not be understood without one of my siblings acting as an interpreter. Thankfully, I had strong parents and a mother who was an educator. She spent countless hours helping me practice consonant blends and trying to master the “R” and “S” sounds. Just as importantly, she understood that being around other children my own age would teach me things that no adult could. What made a difference in my life were competent, caring adults who built relationships with me and gave me the sense of safety and belonging I needed. People like Sister Kathleen Swan, OSF; Father Gerald M. Dunne, OSFS, Dr. Susan Cassidy and her husband, John Bronson, to name a few! In many respects, my story mirrors the work we do every day at Children’s Beach House. The children and families we serve are strong, smart, resilient, and resourceful. Sometimes what they need most is for someone to recognize those strengths, stand beside them, and give them the relationships and opportunities they need to flourish.”
Over the years Garrett has grown the Children’s Beach House’s annual budget from approximately $650,000 in 2003 to $4.5 million while strengthening impact, visibility, and organizational infrastructure. He raised $2.5 million in Delaware foundation capital grants, and established a $7 million endowment for the Margaret H. Rollins Center, a $1 million capital endowment, and increased the general operating endowment to $6 million.
In addition to all that Garrett is the founder and owner of Midway Motion and Fitness. He is also looking forward to the groundbreaking of Midway Pickleball in 2027. He is treasurer of the Community Foundation Board of Kiwanis Club of Coastal Delaware. He began his career as executive director of the Delaware County Children’s CAMP, Media, Pa.; and was director of Student Affairs for the Williamson Free School of Mechanical Trades, Media, Pa.
Garrett earned his bachelor’s degree in psychology from Neumann University, Aston, Pa.; and did his graduate studies in vocational education, Temple University.
Turkey
‘Governments that attack LGBTQ+ rights learn from each other’
Turkish authorities on Sept. 12 launched anti-LGBTQ ‘My Family Is Safe’ campaign
Sept. 12 is a solemn day for the people of Turkey. It is the anniversary of the 1980 coup d’état — when members of the National Security Council, along with the armed forces, dissolved the Turkish parliament, arrested hundreds of thousands of people, and entered a three-year period of martial law.
On Sept 12, the 46th anniversary of the 1980 coup, the country faced another wave of arrests; this time they targeted the LGBTQ community. The government launched the national “My Family Is Safe” campaign, which triggered mass raids and arrests of LGBTQ organization leaders, advocates, academics, and sexual health treatment centers for people with HIV. (These include EU-funded organizations launched by the Turkish government in 2005.) Since the nation has seen a decline in birthrate and a swelling economic crisis, this has allowed authoritarian President Recep Tayyip Erdoğan and conservatives in Turkey to use the LGBTQ community as the ideal scapegoat.
“This is the cruelest part. It was Erdoğan’s own party that made it easier to found NGOs in 2005 as an EU accession process, and that is how many LGBTI+ groups came to be officially registered.” Ali Yildiz, a linguistics graduate student at the University of Cologne in Germany, told the Washington Blade. “Everything was legal, transparent and official. Now those same registrations are being used as arrest lists. The state is basically punishing those who trusted it. It sounds very much like the Nazis. They also used member lists of associations to persecute them later.”
Yildiz has witnessed the oppression of the Turkish government firsthand: in 2024, he moved to Germany. As one of the board members of a grassroots NGO that focuses on sexual health, Yildiz was at risk of arrest and prosecution.
As part of the “My Family Is Safe” operation on Sept. 12, police raided Yildiz’s family’s former home to find him.
In the aftermath of these raids in Turkey’s major cities, protestors have gathered at Turkish embassies across Europe and the U.S.
A critical discourse has also emerged as a response to the crackdown across international queer media: how should the West cover oppressive regimes abroad?
“From what I see, the Western reading of Turkey’s crackdown on LGBTI+ people usually goes: it’s a conservative, Muslim country, so this is what you’d expect. I believe that framing is incomplete, and it lets the people responsible off the hook. The Erdoğan regime is also heavily relying on this contextualization,” said Yildiz. “The government is not simply reacting to existing conservatism but is actively shaping it. Look at how operations are presented: raids on LGBTI+ organizations and activists come packaged with claims about drugs, obscenity, sex work, or organized crime on other groups in the news. The evil strategy is to link LGBTI+ people with criminality in the public mind.”
The LGBTQ community is not the only group that has been under the weight of oppression. Political opponents and descendants whom Erdoğan deems criminals are also charged with treason.
Istanbul Mayor Ekrem İmamoğlu, who is the leading candidate for the upcoming 2028 presidential elections for the opposition center-left Republican People’s Party, was arrested on terrorism charges in 2024. On the same day, he was nominated as the CHP’s presidential candidate.
For a while, X served as a platform to express discontent with the government, but that changed recently when Elon Musk blocked nearly 500 accounts in Turkey. The Turkish government also banned Grok after the AI system responded to a user’s question about Erdoğan, which government leaders found offensive.
The visibility of these pages has decreased. With a VPN, citizens can still access the pages because they were banned only in Turkey, not internationally.
Discontent with the government is increasing, but so is government oppression.
Not only have LGBTQ pages been shut down, but many journalists and academics have also had their pages banned.
The Blade spoke to an anonymous academic living in Ankara, the Turkish capital, who said Erdoğan, U.S. President Donald Trump, and other authoritarian leaders are constantly learning from each other.
“These anti LGBTQ+ policies are being created in the name of preserving traditional family values and are not only a threat to Türkiye,” they said. “It is also a global issue that threatens people everywhere. It should be perceived as an international problem. That is why we LGBTQ+ people need to act in solidarity internationally.”
Because of the compounding human rights crisis happening simultaneously around the globe, visibility has been advocates in Turkey’s main challenge.
Since 2022 there have been a series of crackdowns against opposition parties, academics, labor unions, student organizations, journalist and advocates. Another anonymous academic in Istanbul told the Blade that after the 2022 crackdown, “people were intimidated, and most people did not feel encouraged to organize.”
In the weeks following this recent crackdown, discontent with the Erdoğan government has increased along with inflation and unemployment, not helped by the war in Iran.
“Our leaders do not say anything about the financial crisis,” said the Istanbul academic.
High inflation, high unemployment rates, many factories, and businesses have left Türkiye and transferred their businesses to other countries. And because of the timing of these recent crackdowns, during this financial crisis, many people haven’t been paying attention.
Though for many queer and transgender Turks, post-Sept. 12 life has been radically different.
“I stopped doing drag in order to protect myself, and many queer performance artist friends of mine have also given up this part of their lives,” said one source who asked the Blade to remain anonymous.
“Everybody is not scared, but they simply bring their fear with them to the march and march courageously, because they believe they are on the right side of history,” they added. “However, I think it is important that people in Turkey are not represented only through their experiences of victimization. There should also be spaces where artists, activists, journalists, and other queer people can express themselves in their own words.”
The justification for this crackdown has been preserving “traditional family and conservative values.” The Turkish government has persecuted these offenses with raids, trials, and arrests that have gone beyond just the LGBTQ community. It targeted last year musicians, performers, and artists whom they deemed obscene or offensive.
In September 2025, the K-pop-inspired girl band Manifest was investigated for three months. Footage from their shows was banned from the internet, and the remainder of their tour was canceled. All seven members of the group faced 3 1/2 months prison sentences before the charges were ultimately dropped.
“I believe there is no pride for only some of us. Governments that attack LGBTQ+ rights learn from each other.” Yildiz tells the Blade, “Erdoğan borrows from Putin’s playbook, and parts of the Western right eagerly adopt the same rhetoric. This is a call for our community to see how important international solidarity is. People show up every single year for the Pride March, even though they know the police are going to attack. What I see in our community is pure courage.”
Center Arts Gallery celebration, auction to take place on Oct. 17
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