Politics
House GOP drops DOMA defense
‘Windsor decision resolves issue of DOMA’s Section 3 constitutionality’

U.S. House Speaker John Boehner has dropped defense of DOMA in court. (Washington Blade file photo by Michael Key).
House Republicans and the U.S. Justice Department are switching roles in a case against the Defense of Marriage Act that continues because it also challenges a statute restricting veterans’ benefits for troops with same-sex spouses.
In a move widely praised by LGBT advocates on Thursday, House Republican lawyers who had previously defended DOMA — including Paul Clement, a former U.S. solicitor general during the Bush administration — announced they would withdraw as a participant in the lawsuit in the wake of the U.S. Supreme Court decision last month in the Windsor case striking down DOMA.
“The Windsor decision necessarily resolves the issue of DOMA’s Section 3 constitutionality in this case,” the filing states. “While the question of whether [Title 38] is constitutional remains open, the House has determined, in light of the Supreme Court’s opinion in Windsor, that it no longer will defend that statute. Accordingly, the House now seeks leave to withdraw as a party defendant.”
The lawsuit, known as McLaughlin v. Panetta, was filed on behalf of gay troops and veterans by Servicemembers Legal Defense Network and Chadbourne & Parke LLP in 2011 and challenges DOMA as well as Title 38, the law governing veterans’ benefits that also restricts the definition of spouse to opposite-sex couples.
LGBT advocates praised the move from House Republicans, who had taken up defense of DOMA after the Obama administration stopped defending it in 2011, as a decision placing them on the right side of history.
Chad Griffin, president of the Human Rights Campaign, called the move “historic,” noting that House Republicans spent an estimated $2.3 million in defense of DOMA.
“After millions of taxpayer dollars wasted defending discrimination, it’s a historic sign of the times that the House leadership is dropping its pointless quest to maintain second-class status for lesbian and gay couples,” Griffin said.
Drew Hammill, a spokesperson for House Minority Leader Nancy Pelosi (D-Calif.), said Republican attorneys should follow suit in other lawsuits related to DOMA and file motions to exit as parties in those cases.
“The Supreme Court’s ruling is clear,” Hammill said “Rather than trying to delay justice for particular married gay and lesbian couples and their families, Speaker Boehner should immediately file motions to end House Republicans’ involvement in the remaining cases and stop spending taxpayer dollars to defend unconstitutional discrimination.”
In addition to the McLaughlin case, another DOMA lawsuit also challenging Title 38 was filed by the Southern Poverty Law Center and is known as Cooper-Harris v. United States.
Caren Short, staff attorney for the Southern Poverty Law Center, called on Republican attorneys to withdraw from the Cooper-Harris case as well.
“We are considering our next steps and hope BLAG will withdraw from the Cooper-Harris case and finally end their shameful crusade against veterans and their spouses,” Short said.
Boehner’s office didn’t respond to a request for comment on whether House Republicans would similarly withdraw from other lawsuits related to DOMA.
But on the same day House Republicans made the filing to withdraw from the McLaughlin case, the Justice Department made its own filing disputing the plaintiffs’ ability to challenge Title 38 in the lawsuit.
First, the Justice Department contests that any of the plaintiffs have been harmed by the statute because it says none of them have applied for and been denied veterans benefits.
“These plaintiffs do not allege that they have applied for or been denied any veterans’ benefits (such as additional disability compensation based on a veteran’s service-connected disability, burial benefits, or dependency and indemnity compensation) that they would be eligible to receive but for their same-sex marriage,” the Justice Department states.
Second, the Obama administration maintains that the court in which the lawsuit was filed doesn’t have jurisdiction to decide veterans’ claims because the Veterans’ Judicial Review Act provides the exclusive review scheme for such challenges.
“Under this scheme, a veteran may seek administrative review of the denial of veterans’ benefits before the Board of Veterans’ Appeals and subsequent judicial review by the Court of Appeals for Veterans Claims, with the right to appeal that court’s decision as to legal issues to the U.S. Court of Appeals for the Federal Circuit and ultimately to the Supreme Court,” the Justice Department said.
The Justice Department makes this filing — signed by gay Acting Assistant Attorney General Stuart Delery — even though the U.S. Attorney General announced in February 2012 that it won’t defend Title 38 in court as it pertains to married same-sex couples.
Although the Justice Department objects to the Title 38 challenge in the case on procedural grounds, the filing makes clear the administration still believes Title 38 is unconstitutional “against challenges under the equal protection component of the Fifth Amendment Due Process Clause.”
Christopher Man, a gay attorney handling the case with Chadbourne & Parke LLP, said he disagrees with the arguments presented by the Obama administration, but will work with the Justice Department going forward.
“We appreciate that DOJ has agreed with us that each of the statutory provisions we challenged is unconstitutional, and are working with DOJ lawyers to find a solution that will provide our plaintiffs with all the benefits they would have received if their application for benefits had not been unconstitutionally denied,” Man said.
U.S. District Judge Richard Stearns had asked both House Republicans and the Justice Department to file by Thursday on the impact of the Windsor case on the McLaughlin case.
Congress
MTG resigns after years of anti-LGBTQ attacks amid Trump feud
Greene’s abrupt departure adds fresh uncertainty to an already fractured Republican Party.
Rep. Marjorie Taylor Greene announced on Friday that she is resigning from Congress.
In a post on X (formerly Twitter), the Georgia 14th Congressional District representative announced her sudden decision to resign from office.
The nearly 11-minute-long video shows Rep. Greene stating she will step down from her role representing one of Georgia’s most Republican districts on Jan. 5, 2026. She cited multiple reasons for this decision, most notably her very public separation from Trump.
In recent weeks, Greene — long one of the loudest and most supportive MAGA members of Congress — has butted heads with the president on a slew of topics. Most recently, she supported pushing the DOJ to release the Epstein Files, becoming one of only four Republicans to sign a discharge petition, against Trump’s wishes.
She also publicly criticized her own party during the government shutdown. Rep. Greene had oddly been supportive of Democratic initiatives to protect healthcare tax credits and subsidies that were largely cut out of national healthcare policy as a result of Trump’s “Big Beautiful Bill,” passed in July.
“What I am upset over is my party has no solution,” Greene said in October.
Trump recently said he would endorse a challenger against the congresswoman if she ran for reelection next year, and last week went as far as to declare, “Marjorie ‘Traitor’ Green is a disgrace to our GREAT REPUBLICAN PARTY!” on his Truth Social platform.
Trump told ABC News on Friday night that Greene’s resignation is “great news for the country,” and added that he has no plans to speak with Greene but wishes her well.
Despite her recent split with the head of the Republican Party, Rep. Greene has consistently taken a staunch stance against legislation supporting the LGBTQ community — notably a hardline “no” on any issue involving transgender people or their right to gender-affirming care.
Rep. Greene has long been at odds with the LGBTQ community. Within her first month in office, she criticized Democrats’ attempts to pass the Equality Act, legislation that would bar anti-LGBTQ employment discrimination. She went as far as to suggest an apocalypse-like scenario if Congress passed such a measure.
“God created us male and female,” she said on the House floor. “In his image, he created us. The Equality Act that we are to vote on this week destroys God’s creation. It also completely annihilates women’s rights and religious freedoms. It can be handled completely differently to stop discrimination without destroying women’s rights, little girls’ rights in sports, and religious freedom, violating everything we hold dear in God’s creation.”
Greene, who serves one of the nation’s most deeply red districts in northwest Georgia, attempted to pass legislation dubbed the “Protect Children’s Innocence Act,” which would have criminalized gender-affirming care for minors and restricted federal funding and education related to gender-affirming care in 2023. The bill was considered dead in January 2025 after being referred to the House Committee on the Judiciary.
Her push came despite multiple professional medical organizations, including the nation’s largest and most influential — the American Medical Association — stating that withholding gender-affirming care would do more harm than any such care would.
She has called drag performers “child predators” and described the Democratic Party as “the party of killing babies, grooming and transitioning children, and pro-pedophile politics.”
Greene has also publicly attacked Delaware Rep. Sarah McBride, the nation’s first and only transgender member of Congress. She has repeatedly misgendered and attacked McBride, saying, “He’s a man. He’s a biological male,” adding, “he’s got plenty of places he can go” when asked about bathrooms and locker rooms McBride should use. Greene has also been vocal about her support for a bathroom-usage bill targeting McBride and transgender Americans as a whole.
She has repeatedly cited false claims that transgender people are more violent than their cisgender counterparts, including falsely stating that the 2022 Robb Elementary School shooter in Texas was transgender.
The former MAGA first lady also called for an end to Pride month celebrations. She criticized the fact that the LGBTQ community gets “an entire” month while veterans get “only one day each year” in an X post, despite November being designated as National Veterans and Military Families Month.
Under Georgia law, Gov. Brian Kemp (R) must hold a special election within 40 days of the seat becoming vacant.
The Washington Blade reached out to both the White House and Greene’s office for comment, but has not heard back.
PFLAG honored U.S. Rep. Maxine Waters (D-Calif.) with the “2025 PFLAG National Champion of Justice” award during their annual “Love Takes Justice” event in Washington.
Waters has represented California’s 43rd Congressional District — including much of Los Angeles — since 1991 and has been a vocal advocate for LGBTQ rights since her swearing-in.
Her track record includes opposing the Defense of Marriage Act, which would have made marriage only between a man and a woman; co-sponsoring the Respect for Marriage Act, ultimately requiring all U.S. states to recognize same-sex marriages performed by other states; and is a long time supporter of the Equality Act, which would codify comprehensive protections for LGBTQ Americans.
In addition to her work on marriage equality, she also created the Minority AIDS Initiative to help address the devastating impact of HIV/AIDS on minority communities, particularly communities of color.
The award reception took place Tuesday at the headquarters of the American Federation of Teachers, where Waters was presented with the award by former U.S. Rep. Barney Frank (D-Mass.), the openly gay member of Congress. Frank praised Waters for her unwavering support for the LGBTQ community and her lifelong commitment to advancing equality for all.
“One of the most encouraging developments in the fight for human rights is the failure of those who traffic in any form of bigotry, including bigotry to divide the Black and LGBTQ+ communities,” said Frank, who came out in 1987 while in office. “No one deserves more recognition for strengthening our unity than Maxine Waters.”
During the reception, Waters spoke about her extensive history of LGBTQ advocacy within the halls of Congress, emphasizing that her idea of government centers around uplifting its most vulnerable and threatened communities.
“From the very beginning of my public life I’ve believed that the government must protect those that are vulnerable, including LGBTQ+ people, who have been pushed to the margins, criminalized and told that their lives and their love do not matter,” Waters said. “Discrimination has no place in our laws.”
She continued, adding that the discrimination LGBTQ people have dealt with — and continue to deal with — is unconstitutional and wrong.
“I am proud to stand with LGBTQ+ families against efforts to write discrimination into our constitution, against attempts to deny people jobs, housing, healthcare and basic dignity because of who they are or who they love,” she said.
Waters joins a slew of other LGBTQ advocates who have received this award, beginning with the late-Georgia Congressman John Lewis in 2018. Past honorees include Oakland (Calif.) Mayor Barbara Lee, who was then a member of Congress, U.S. Sen. Tammy Baldwin (D-Wis.), Frank, Colorado Gov. Jared Polis, who was then a member of Congress, and Speaker Emerita Nancy Pelosi (D-Calif.).
PFLAG CEO Brian Bond commented on the continued fight for LGBTQ rights in the U.S. as anti-transgender rhetoric and policies coming from the Trump-Vance White House grow each week.
“LGBTQ+ people and their families — and all of you here — know too well the reality of the political climate, the attitudes of the public, and the sheer lack of respect that LGBTQ+ people are experiencing in the world today. There’s no end to the hostile barrage of harmful laws, city ordinances, and regulations, especially against our trans loved ones,” Bond said. “This particular moment in history calls us to increase and fortify our work, advocating at every level of government.”
He ended with some hope — reminding the LGBTQ community they have been on the receiving end of discrimination and unjust treatment before, but have risen above and changed the laws — saying we can do it again.
“PFLAG members and supporters are uniquely suited for this moment, because we are fighting for and alongside our LGBTQ+ loved ones, we know that our love is louder … and love and liberty are inseparable,” said Bond.
Congress
Global Respect Act reintroduced in US House
Measure would sanction foreign officials responsible for anti-LGBTQ human rights abuses
U.S. Reps. Sarah McBride (D-Del.) and Brian Fitzpatrick (R-Pa.) on Thursday reintroduced a bill that would sanction foreign officials who carry out anti-LGBTQ human rights abuses.
A press release notes the Global Respect Act would direct “the U.S. government to identify and sanction foreign persons who are responsible for torture, arbitrary detention, physical attacks, murder, and other flagrant abuses against LGBTQI+ individuals.” The measure would also require “annual human rights reporting from the State Department and strengthens coordination with foreign governments, civil society, and the private sector to prevent anti-LGBTQI+ persecution.”
“Freedom and dignity should never depend on your zip code or who holds power in your country,” said McBride.
The Delaware Democrat who is the first openly transgender person elected to Congress notes consensual same-sex sexual relations remain criminalized in more than 60 countries, while “far too many (countries) look away from the violence that follows.”
“The Global Respect Act reaffirms a simple truth: no one should be targeted for who they are or whom they love,” said McBride. “This bill strengthens America’s voice on human rights.”
“No person should ever face imprisonment, violence, or discrimination on the basis of who they are,” added Fitzpatrick. “The Global Respect Act imposes real and necessary sanctions on those who carry out these abuses and strengthens America’s resolve to uphold basic human rights worldwide.”
The Global Respect Act has 119 co-sponsors. McBride and Fitzpatrick reintroduced it in the U.S. House of Representatives on the annual Transgender Day of Remembrance.
“As we mark Transgender Day of Remembrance, we reaffirm that no one, no matter where they live in the world, should be persecuted or subjected to violence simply because of who they are or whom they love,” said Mark Bromley, co-chair of the Council for Global Equality. “The Global Respect Act seeks to hold the world’s worst perpetrators of violence against LGBTQI+ people accountable by leveraging our sanctions regimes to uphold the human rights of all people.”
Outright International, Amnesty International USA, Robert F. Kennedy Human Rights, ORAM (Organization for Refuge, Asylum and Migration), and the Human Rights Campaign are among the other groups that have endorsed the bill.
U.S. Sens. Jeanne Shaheen (D-N.H.) and Lisa Murkowski (R-Alaska) in June introduced the Global Equality Act in the U.S. Senate. Gay California Congressman Robert Garcia and U.S. Sen. Edward Markey (D-Mass.) on Monday introduced the International Human Defense Act that would require the State Department to promote LGBTQ and intersex rights abroad.
The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.
The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.
The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.
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