Opinions
Victory, vindication and tears
Nearly two decades after DOMA’s passage, we are a nation transformed
For those of us old enough to remember the passage of the Defense of Marriage Act — and then-President Bill Clinton’s craven boasting about it in Christian radio ads during the 1996 campaign — this week brought vindication, a victory unimaginable just a few years ago and more than a few tears of joy.
In a 5-4 ruling, the Supreme Court declared that DOMA “is unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment of the Constitution.”
Justice Anthony Kennedy added to his considerable pro-gay legacy penning the majority opinion joined by Justices Sonia Sotomayor, Ruth Bader Ginsburg, Elena Kagan and Stephen Breyer.
In it, Kennedy issues a bold, broad ruling and gets at the heart of the matter: the indignity that DOMA visited upon our relationships.
He writes, “DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others. 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. 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.”
It’s a refreshing and honest take on the impact of DOMA, which has stigmatized gay and lesbian couples for 17 years and done real harm to our families. Kennedy’s opinion at long last recognizes this basic fact. The stories of DOMA’s impact on our community have formed the basis for literally hundreds of Blade stories over the years. Many of those stories involve serious life-changing consequences as in survivors like the courageous Edith Windsor facing financial ruin after the death of a partner. But those dark days are over. Kennedy touches on the broad reach of the decision in his opinion.
“By its great reach, DOMA touches many aspects of married and family life, from the mundane to the profound. It prevents same-sex married couples from obtaining government healthcare benefits they would otherwise receive. It deprives them of the Bankruptcy Code’s special protections for domestic-support obligations. It forces them to follow a complicated procedure to file their state and federal taxes jointly.
“DOMA also brings financial harm to children of same-sex couples. It raises the cost of health care for families by taxing health benefits provided by employers to their workers’ same-sex spouses. And it denies or reduces benefits allowed to families upon the loss of a spouse and parent, benefits that are an integral part of family security.”
Kennedy rightly points out that the only reason DOMA came about was anti-gay animus.
“The history of DOMA’s enactment and its own text demonstrate that interference with the equal dignity of same-sex marriages, a dignity conferred by the States in the exercise of their sovereign power, was more than an incidental effect of the federal statute. It was its essence.”
More vindication for the scores of activists, lawyers, politicians, journalists, bloggers and everyday Americans who’ve been fighting this most odious of laws for nearly two decades.
In Justice Antonin Scalia’s overwrought and predictably curmudgeonly dissent, he fears judicial overreach.
“It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere ‘primary’ in its role.”
He goes on to say the question of same-sex marriage “should be resolved primarily at the state level.”
That is now an open question, as same-sex couples in California rejoin the growing group of now 13 states and D.C. that have enacted marriage equality. Will a gay couple in Texas sue the government for marriage rights? Has Kennedy set the stage for a Loving v. Virginia-type showdown for the gay community?
Tantalizing questions for the future. For now, it’s time to celebrate a victory nearly 20 years in the making.
Kevin Naff is editor of the Washington Blade. Reach him at [email protected].
Opinions
Black Educated Lesbians: A movement rooted in community
Organization’s annual conference is part of a much larger mission
When people hear the word “conference,” they often imagine a weekend event that begins on Friday and ends on Sunday. For Black Educated Lesbians (BEL), our annual conference is only one part of a much larger mission.
BEL was founded because Black lesbians deserve spaces intentionally created with us in mind. Too often, we are overlooked in conversations about health, leadership, philanthropy, education, and community. We exist at the intersection of multiple identities, yet organizations and institutions frequently assume our needs are being met by broader groups. Our lived experiences tell a different story.
BEL is a national nonprofit organization dedicated to creating opportunities for Black lesbians and Black queer women through leadership development, wellness programming, research, education, and community building. While our conference has become one of the few events in the country centered specifically on Black lesbians, our work continues year-round.
Throughout the year, BEL hosts virtual wellness sessions, leadership development opportunities, financial education workshops, community discussions, and mentorship programs designed to help our members thrive personally and professionally. We are also investing in the next generation through our EmpowerHER initiative, connecting Black queer youth with mentors, resources, and leadership opportunities.
Research is another critical part of our work. We are committed to ensuring Black lesbian voices are included in conversations about healthcare, mental health, economic opportunity, and overall well-being. Data drives policy, funding, and services. If our experiences are absent from the research, our needs often remain invisible.
Our annual conference, taking place Sept. 18–20 in Hapeville, Ga., brings this mission to life. Attendees will participate in conversations about physical and mental health, healthy relationships, financial literacy, entrepreneurship, leadership, aging, women’s health, and sexual wellness. The conference also creates opportunities to build meaningful relationships, support Black-owned businesses, and connect with professionals and organizations that understand our community.
Creating spaces like this is not easy. As a small nonprofit, every workshop, meal, scholarship, and resource requires fundraising, partnerships, and countless volunteer hours. Yet we continue because our community deserves spaces where they can simply exist, learn, heal, and grow without explanation.
What makes BEL unique is not simply that we serve Black lesbians. It is that Black lesbians lead every aspect of our organization. We understand the importance of creating programs that reflect our lived experiences rather than asking our community to fit into spaces never designed for them.
Community is not built during moments of crisis. It is built through consistent investment, authentic relationships, and showing up year after year. That is the work BEL is committed to doing.
Whether someone joins us as an attendee, sponsor, volunteer, donor, or community partner, they become part of something much larger than a conference. They become part of a movement dedicated to ensuring Black lesbians are seen, heard, valued, and supported.
As we prepare to welcome attendees from across the country this September, we invite readers to learn more about BEL, support our mission, and help us continue building spaces where Black lesbians don’t just survive, they thrive.
LaJoya Johnson is founder and executive director of Black Educated Lesbians, a national nonprofit dedicated to advancing leadership, wellness, and education for Black lesbians and Black queer women.
Opinions
I respect AOC, even though I often disagree with her
She should work toward House leadership role and skip presidential run
There is a column in the New York Times asking, “Is Ocasio-Cortez ready for the glass cliff?” The author thinks it’s a great idea for her to run for president. I believe it’s a bad idea for her personally, and a disastrous idea for the Democratic Party. However, that is not the only column written recently about Ocasio-Cortez, discussing her options and private life. I think it is cringeworthy what social media, and even some mainstream media, are focusing on these days.
Politicians have become fodder for what were once just stories about Hollywood, and loud showmen like the felon in the White House. Now, like the showman, those like AOC, can’t claim they aren’t asking for it by striving for the biggest online following possible. They obviously see that as a way to validate themselves; politicians use it as a way to raise money, become influencers, and get their message out.
But they also open themselves up to even more intrusion into their private lives. Those who do that also open the door for all politicians to have their private lives made public. Running for president, which the column suggests AOC should do, and which she herself has said she isn’t ruling out, is a great way to grab a headline, and leads to reporters digging to find every little fact about her. AOC is trying to get ahead of the curve by talking about a breakup, and then about harvesting her eggs — topics once considered private that should stay that way. There was once just the National Enquirer, but today every news outlet incorporates what the Enquirer did, as it makes for great clickbait.
I feel for her, thinking all this has to be public, when a single woman wants to run for higher office. We have seen married women, including Geraldine Ferraro, Sarah Palin, Hillary Clinton, and Kamala Harris, run and be subjected to dealing with questions about their husbands, their former boyfriends, and in some cases, more reporting about those things than what they stood for. Maybe for AOC, that would be a good thing, as the country is far from ready for a candidate who up until now, proudly represents the Democratic Socialists of America (DSA). Yes, she is trying to step away from them a little, but I don’t think that is possible, which is why I feel it is a disaster for her to run, both for herself, and the Democratic Party. She could decide to run for the Senate if Chuck Schumer (D-N.Y.) understands it is time for him to retire. Even that could be a difficult race. She might win a primary, which another progressive representative, Bella S. Abzug (D-N.Y.), tried and lost in 1976, if she gets a big enough New York City vote. Should she try, we would see how much change there has actually been.
Back when JFK had women in and out of the White House, Ronald Reagan got Nancy pregnant before they married, and George H.W. Bush allegedly had a mistress traveling with him, those were not the headlines. I think we were all better off. Gary Hart asked for it when he told the press to follow him, and they caught him with a woman not his wife. Again, he asked for that. Then we got to the Clinton era and the right wing, actually David Brock, got the information on Paula Jones, and it all exploded, eventually cascading down to harm Hillary. They tried to find anything they could on Jimmy Carter, George W. Bush, and Barack Obama, but couldn’t find the salacious bits they were looking for. But I bet they will find some things that sound salacious on AOC, even if they have to make them up. She appears to be a normal, highly intelligent, motivated, single woman.
Recent primaries in Michigan and Wisconsin, and general election results, will clearly impact what she decides to do. DSA candidates are not an easy sell to most Democrats, let alone the general electorate. We will find out how Dr. El-Sayed does in the general election. While I didn’t support him in the primary, I do in the general election. Those results, and looking back at other women who have run, may give AOC second thoughts about giving up working toward seniority in the House. I predict she could be much more impactful than one of her idols, Bernie Sanders, has been. He has been there for 40 years and accomplished nothing. I think AOC could accomplish a lot.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Opinions
Will Michigan save the GOP?
We must stop fighting each other as Democrats and rid country of Trump
Last week in Michigan we saw how dramatically wrong, and misleading, political polling can be. Because of that, and the media hype, it might have made a difference in the Democratic primary for the United States Senate. Haley Stevens lost by about 16,000 votes, and the second Democrat closest to Stevens’s views, withdrew from the race, but her name was still on the ballot, and she received 61,000 votes. So, what would have happened if she had withdrawn in time to keep her name of the ballot? We will never know.
The media have been hyping the few wins the DSA, and far-left Democratic candidates, have had, to the point you might think they are winning hundreds of primaries around the country. I think they have won fewer than 15. But those 15, and the hype, could actually make a difference in the general election. They could make a difference because they clearly divided the Democratic Party, and we don’t know if it will come back together in time to rid ourselves of the control of the felon, his fascist advisers, and their sycophants in Congress, now running our country.
While strongly opposed to parts of the platform of the Democratic Socialists of America, (DSA), and those who would espouse them, I am even more opposed to the felon in the White House who has proven he has no redeeming values. The DSA platform is a mixed bag. In my view there are some frightening parts such as calling for total defunding of the police, for workers to own every business, for the abolishment of the State of Israel, telling their endorsed candidates they may not meet with any Zionist organization, and now, elimination of the United States Senate. Before you respond telling me about what is not in the platform, please just read some of it. But then I am for the parts calling for universal healthcare, a higher minimum wage, strong union support, and working toward affordable housing, and a decent life for all.
So, what do the candidates who won with the support of the DSA do between now and Nov. 3? They must be very clear which parts of the DSA platform they believe in, and tell voters clearly, how they will govern and legislate. Make clear their priorities. That is the only way we will unite Democrats in time to win the general election.
Then those who lost to them should do what Rep. Stevens did in her concession statement in the Michigan U.S. Senate primary. It was a classy statement responding to the election results. She said: “I want to congratulate Abdul El-Sayed on winning the Democratic nomination for U.S. Senate. He is a doctor, a community health official, a Rhodes Scholar, and a dedicated Michigander. I am proud to offer my support as he takes on Mike Rogers in the general election. This was a thorough and rigorous campaign that brought out the full span of views within the Democratic Party – and that is why we have primaries. I am proud to have put up my hand to serve, and prouder to continue to work together to make sure this Senate seat remains blue, that we flip the United States Senate and continue the work for Michigan. Now I hope Dr. El-Sayed will run a campaign understanding which voters he needs to appeal to in order to win, and to keep the Michigan United States Senate seat in Democratic hands. When a vote is split 50/50, which was basically the case in this race, reading the 50% who voted against you correctly, is the key to winning. Many of those voters didn’t trust Dr. El- Sayed for a multitude of reasons. But he must now convince them, even with what they didn’t like about him, he is still a better choice than the Republican candidate. This is no different than in so many races around the nation, although it might be harder for a very far-left candidate to sway more moderate voters.”
I would say to the voters of Michigan, “While I did not support Dr. El-Sayed in the primary, I would definitely vote for him in the general election. The goal is saying to the felon in the White House that we will not let you continue to destroy our country. We Democrats may speak with a host of different voices, but they should all say to the felon: you are a loser, and we will see you, your fascist government, and your sycophants in Congress, defeated.”
We must stop fighting each other as Democrats, at least long enough, to accomplish this goal.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
