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ACLU unveils trio of post-DOMA marriage lawsuits

Plans announced for litigation in Pennsylvania, North Carolina and Virginia

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Maureen, Mary Beth, gay news, Washington Blade
Maureen, Mary Beth, gay news, Washington Blade

Maureen Hennessey (right) with her late spouse Mary Beth is a widow plaintiff in a Pennsylvania lawsuit seeking marriage equality (Photo courtesy of ACLU Pennsylvania).

For lesbian widow Maureen Hennessey, winning same-sex marriage in Pennsylvania isn’t just about obtaining Social Security and tax benefits, but the dignity of having her relationship with her late partner of 29 years recognized by her state.

“There are some financial changes that legalizing marriage in Pennsylvania would bring about, but even just the whole respect and relationship being validated, that’s the whole part of it,” Hennessey said. “That’s what really would make a difference.”

Hennessey, 53, is one of 11 plaintiff couples in a federal lawsuit that the American Civil Liberties Union was set to file on Tuesday asking the U.S. District Court for the Middle District of Pennsylvania to overturn the Keystone State’s statutory ban on same-sex marriage. The complaint can be found here.

Building off the win at the U.S. Supreme Court in the case it filed against the Defense of Marriage Act on behalf of lesbian widow Edith Windsor, the ACLU is filing the Pennsylvania lawsuit as part of a group of three new lawsuits that seek to advance marriage equality in different parts of the country.

In addition to the Pennsylvania lawsuit, named Whitewood v. Corbett, the ACLU is also undertaking cases seeking marriage equality in North Carolina and Virginia.

The North Carolina lawsuit is amending the complaint in the case of Fisher-Borne v. Smith, a lawsuit on behalf of six plaintiff couples who previously sought second-parent adoption rights. The ACLU was also set to amend its lawsuit in the North Carolina case on Tuesday, although a copy of the complaint wasn’t immediately available.

Marcie Fisher-Borne, Chantelle Fisher-Borne, gay news, Washington Blade, gay marriage, same-sex marriage, marriage equality

Marcie and Chantelle Fisher-Borne (Photo courtesy of the ACLU)

Chantelle Fisher-Borne, a 38-year-old non-profit consultant and one-half of the lead plaintiff couple in the case, said there are many reasons why she wants her union to her partner of 15 years recognized as a marriage in North Carolina, which just last year passed a constitutional ban on same-sex marriage.

“Some of them involve benefits such as health insurance, or the same issues we have around the parenting things we have with our children, being able to really have the legal recognition we have in our hearts as a married couple,” Fisher-Borne said. “It provides a kind of safety that most couples and parents want and many have but we don’t.”

In Virginia, the lawsuit is still in its planning phases — no plaintiffs have yet been chosen for the case — although the ACLU anticipates filing it later this summer.

James Esseks, director of the American Civil Liberties Union’s LGBT Project, said his organization is filing the lawsuits to add its voice to the seven lawsuits already pending in federal court seeking a nationwide ruling in favor of marriage equality.

“We are adding our voices to those cases in bringing plaintiffs with compelling stories with decades of commitment and the ways in which they’re harmed by not being able to marry,” Esseks said. “And we’re hoping to bring their stories both to the American public and to courts that have a good shot at giving the issues a fair hearing.”

The Pennsylvania lawsuit, which challenges the state’s ban on same-sex marriage on the basis that it violates plaintiffs’ due process and equal protection rights under the Fourteenth Amendment, emphasizes the loss of benefits for the couples and their children.

The 52-page complaint in the Pennsylvania case also draws on the Supreme Court’s decision in United States v. Windsor as legal precedent for why the federal court should strike down state’s ban on same-sex marriage.

“The fact that a discriminatory law is long-standing does not immunize it from constitutional scrutiny,” the complaint states. “And the Supreme Court has made clear that the law cannot, directly or indirectly, give effect to private biases and has expressly rejected moral disapproval of marriage for same-sex couples as a legitimate basis for discriminatory treatment of lesbian and gay couples.”

The plaintiff couples can be broken down into two categories. Six are seeking the right to marry in Pennsylvania, including Deb and Susan Whitewood, who gave their names to the lawsuit. Five other couples — like Hennessey, who lost her spouse Mary Beth McIntyre to lung cancer after having wed in Massachusetts — are looking to have their legal marriages recognized in Pennsylvania.

The couples include lawyers, a truck driver, a doctor, veterans, a stay-at-home mom and retirees. One couple is represented in the lawsuit by their children who are still minors and designated as A.W. and K.W.

Hennessey, who had three children with McIntyre and is expecting a fourth grandchild soon, said she’s particularly seeking Social Security survivor benefits, which are still in question after the DOMA ruling because she lives in state that doesn’t recognize same-sex marriage.

“I’m 53 years old, and Mary Beth was the primary bread-winner in the family,” Hennessey said. “So, her Social Security would be way higher than mine, unless I win the lottery.”

For Marcie Fisher-Bourne, who works for the American Cancer Society, the need for the legal recognition of her union became particularly salient on the day she gave birth to her daughter five years ago. The couple encountered problems even though they were legally married in D.C.

“When I transferred to the unit for recovery at one in the morning, the nurse looks at Chantelle and says, ‘Why is she here? Where is her paperwork?’ Marcie Fisher-Bourne said. “So when you ask, why will it matter here in North Carolina, to me, that’s a really good example. On that day, on the day that our daughter was born, I would not have had to fish through my emergency suitcase to find health care power of attorney papers so my spouse could be beside me when our first child was born. So, yes, it matters.”

And there’s optimism in the air plaintiffs will able to win marriage equality, particularly in the wake of the Supreme Court’s decision finding DOMA unconstitutional. Hennessey predicted the lawsuit is “definitely going to succeed.”

“I don’t think it’ll happen overnight, but I know that the legislators in Harrisburg are probably want to drag their feet as much as possible,” she said. “But we’re going to push it forward, and I think that the people, I think that the population is ready to accept same-sex marriages, and I think that it will happen.”

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Israel

A Wider Bridge to close

LGBTQ Jewish group said financial challenges prompted decision

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U.S. Rep. Debbie Wasserman Schultz (D-Fla.) speaks at the Capital Jewish Museum in D.C. on June 5, 2025, after A Wider Bridge honored her at its Pride event. A Wider Bridge has announced it will shut down. (Washington Blade photo by Michael K. Lavers)

A Wider Bridge on Friday announced it will shut down at the end of the month.

The group that “mobilizes the LGBTQ community to fight antisemitism and support Israel and its LGBTQ community” in a letter to supporters said financial challenges prompted the decision.

“After 15 years of building bridges between LGBTQ communities in North America and Israel, A Wider Bridge has made the difficult decision to wind down operations as of Dec. 31, 2025,” it reads.

“This decision comes after challenging financial realities despite our best efforts to secure sustainable funding. We deeply appreciate our supporters and partners who made this work possible.”

Arthur Slepian founded A Wider Bridge in 2010.

The organization in 2016 organized a reception at the National LGBTQ Task Force’s Creating Change Conference in Chicago that was to have featured to Israeli activists. More than 200 people who protested against A Wider Bridge forced the event’s cancellation.

A Wider Bridge in 2024 urged the Capital Pride Alliance and other Pride organizers to ensure Jewish people can safely participate in their events in response to an increase in antisemitic attacks after Hamas militants attacked Israel on Oct. 7, 2023.  

The Jewish Telegraphic Agency reported authorities in Vermont late last year charged Ethan Felson, who was A Wider Bridge’s then-executive director, with lewd and lascivious conduct after alleged sexual misconduct against a museum employee. Rabbi Denise Eger succeeded Felson as A Wider Bridge’s interim executive director.

A Wider Bridge in June honored U.S. Rep. Debbie Wasserman Schultz (D-Fla.) at its Pride event that took place at the Capital Jewish Museum in D.C. The event took place 15 days after a gunman killed two Israeli Embassy employees — Yaron Lischinsky and Sarah Milgrim — as they were leaving an event at the museum.

“Though we are winding down, this is not a time to back down. We recognize the deep importance of our mission and work amid attacks on Jewish people and LGBTQ people – and LGBTQ Jews at the intersection,” said A Wider Bridge in its letter. “Our board members remain committed to showing up in their individual capacities to represent queer Jews across diverse spaces — and we know our partners and supporters will continue to do the same.”

Editor’s note: Washington Blade International News Editor Michael K. Lavers traveled to Israel and Palestine with A Wider Bridge in 2016.

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The White House

‘Trump Rx’ plan includes sharp cuts to HIV drug prices

President made announcement on Friday

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President Donald Trump during his meeting on lowering drug prices through TrumpRx. (Washington Blade photo by Joe Reberkenny)

President Donald Trump met with leaders from some of the world’s largest pharmaceutical companies at the White House on Friday to announce his new “Trump Rx” plan and outline efforts to reduce medication costs for Americans.

During the roughly 47-minute meeting in the Roosevelt Room, Trump detailed his administration’s efforts to cut prescription drug prices and make medications more affordable for U.S. patients.

“Starting next year, American drug prices will come down fast, furious, and will soon be among the lowest in the developed world,” Trump said during the meeting. “For decades, Americans have been forced to pay the highest prices in the world for prescription drugs by far … We will get the lowest price of anyone in the world.”

Trump signed an executive order in May directing his administration “to do everything in its power to slash prescription drug prices for Americans while getting other countries to pay more.”

“This represents the greatest victory for patient affordability in the history of American health care, by far, and every single American will benefit,” he added.

Several pharmaceutical executives stood behind the president during the announcement, including Sanofi CEO Paul Hudson, Novartis CEO Vas Narasimhan, Genentech CEO Ashley Magargee, Boehringer Ingelheim (USA) CEO Jean-Michel Boers, Gilead Sciences CEO Dan O’Day, Bristol Myers Squibb General Counsel Cari Gallman, GSK CEO Emma Walmsley, Merck CEO Robert Davis, and Amgen Executive Vice President Peter Griffith.

Also in attendance were Health and Human Services Secretary Robert F. Kennedy Jr., Commerce Secretary Howard Lutnick, Centers for Medicare and Medicaid Services Administrator Mehmet Oz, and Food and Drug Administration Commissioner Marty Makary.

Under the Trump Rx plan, the administration outlined a series of proposed drug price changes across multiple companies and therapeutic areas. Among them were reductions for Amgen’s cholesterol-lowering drug repatha from $573 to $239; Bristol Myers Squibb’s HIV medication reyataz from $1,449 to $217; Boehringer Ingelheim’s type 2 diabetes medication jentadueto from $525 to $55; Genentech’s flu medication xofluza from $168 to $50; and Gilead Sciences’ hepatitis C medication epclusa from $24,920 to $2,425.

Additional reductions included several GSK inhalers — such as the asthma inhaler advair diskus 500/50, from $265 to $89 — Merck’s diabetes medication januvia from $330 to $100, Novartis’ multiple sclerosis medication mayzent from $9,987 to $1,137, and Sanofi’s blood thinner plavix from $756 to $16. Sanofi insulin products would also be capped at $35 per month’s supply.

These prices, however, would only be available to patients who purchase medications directly through TrumpRx. According to the program’s website, TrumpRx “connects patients directly with the best prices, increasing transparency, and cutting out costly third-party markups.”

Kennedy spoke after Trump, thanking the president for efforts to lower pharmaceutical costs in the U.S., where evidence has shown that drug prices — including both brand-name and generic medications — are nearly 2.78 times higher than prices in comparable countries. According to the Pharmaceutical Research and Manufacturers of America, roughly half of every dollar spent on brand-name drugs goes to entities that play no role in their research, development, or manufacturing.

“This is affordability in action,” Kennedy said. “We are reversing that trend and making sure that Americans can afford to get the life-saving solutions.”

Gilead CEO Dan O’Day also spoke about how the restructuring of drug costs under TrumpRx, combined with emerging technologies, could help reduce HIV transmission — a virus that, if untreated, can progress to AIDS. The LGBTQ community remains disproportionately affected by HIV.

“Thank you, Mr. President — you and the administration,” O’Day said. “I think this objective of achieving the commitment to affordability and future innovation is extraordinary … We just recently launched a new medicine that’s only given twice a year to prevent HIV, and we’re working with Secretary Kennedy and his entire team, as well as the State Department, as a part of your strategy to support ending the epidemic during your term.

“I’ve never been more optimistic about the innovation that exists across these companies and the impact this could have on America’s health and economy,” he added.

Trump interjected, asking, “And that’s working well with HIV?”

“Yes,” O’Day replied.

“It’s a big event,” Trump said.

“It literally prevents HIV almost 100 percent given twice a year,” O’Day responded.

A similar anti-HIV medication is currently prescribed more than injectable form mentioned by O’Day. PrEP, is a medication regimen proven to significantly reduce HIV infection rates for people at high risk. Without insurance, brand-name Truvada can cost roughly $2,000 per month, while a generic version costs about $60 per month.

Even when medication prices are reduced, PrEP access carries additional costs, including clinic and laboratory fees, office visits, required HIV and sexually transmitted infection testing, adherence services and counseling, and outreach to potentially eligible patients and providers.

According to a 2022 study, the annual total cost per person for PrEP — including medication and required clinical and laboratory monitoring — is approximately $12,000 to $13,000 per year.

The TrumpRx federal platform website is now live at TrumpRx.gov, but the program is not slated to begin offering reduced drug prices until January.

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The White House

EXCLUSIVE: Democracy Forward files FOIA lawsuit after HHS deadnames Rachel Levine

Trans former assistant health secretary’s name changed on official portrait

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Adm. Rachel Levine (Washington Blade photo by Michael Key)

Democracy Forward, a national legal organization that works to advance democracy and social progress through litigation, policy and public education, and regulatory engagement, filed a lawsuit Friday in federal court seeking to compel the U.S. Department of Health and Human Services to release information related to the alteration of former Assistant Secretary for Health Adm. Rachel Levine’s official portrait caption.

The lawsuit comes in response to the slow pace of HHS’s handling of multiple Freedom of Information Act requests — requests that federal law requires agencies to respond to within 20 working days. While responses can take longer due to backlogs, high request volumes, or the need for extensive searches or consultations, Democracy Forward says HHS has failed to provide any substantive response.

Democracy Forward’s four unanswered FOIA requests, and the subsequent lawsuit against HHS, come days after someone in the Trump-Vance administration changed Levine’s official portrait in the Hubert H. Humphrey Building to display her deadname — the name she used before transitioning and has not used since 2011.

According to Democracy Forward, HHS “refused to release any records related to its morally wrong and offensive effort to alter former Assistant Secretary for Health Admiral Rachel Levine’s official portrait caption.” Levine was the highest-ranking openly transgender government official in U.S. history and served as assistant secretary for health and as an admiral in the U.S. Public Health Service Commissioned Corps from 2021 to 2025.

Democracy Forward President Skye Perryman spoke about the need to hold the Trump-Vance administration accountable for every official action, especially those that harm some of the most targeted Americans, including trans people.

“The question every American should be asking remains: what is the Trump-Vance administration hiding? For an administration that touts its anti-transgender animus and behavior so publicly, its stonewalling and silence when it comes to the people’s right to see public records about who was behind this decision is deafening,” Perryman said.

“The government’s obligation of transparency doesn’t disappear because the information sought relates to a trailblazing former federal official who is transgender. It’s not complicated — the public is entitled to know who is making decisions — especially decisions that seek to alter facts and reality, erase the identity of a person, and affect the nation’s commitment to civil rights and human dignity.”

“HHS’s refusal to respond to these lawful requests raises more serious concerns about transparency and accountability,” Perryman added. “The public has every right to demand answers — to know who is behind this hateful act — and we are going to court to get them.”

The lawsuit also raises questions about whether the alteration violated federal accuracy and privacy requirements governing Levine’s name, and whether the agency improperly classified the change as an “excepted activity” during a lapse in appropriations. By failing to make any determination or produce any records, Democracy Forward argues, HHS has violated its obligations under federal law.

The case, Democracy Forward Foundation v. U.S. Department of Health and Human Services, was filed in the U.S. District Court for the District of Columbia. The legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston.

The Washington Blade reached out to HHS, but has not received any comment.

The lawsuit and four FOIA requests are below:

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