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House GOP drops DOMA defense

‘Windsor decision resolves issue of DOMA’s Section 3 constitutionality’

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John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade
John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade

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.

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Politics

Former VP Dick Cheney dies at 84

Supported marriage equality before it was legalized

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Cheney, gay news, Washington Blade
Dick Cheney died at age 84. (Public domain photo)

Former Vice President Dick Cheney died of complications from pneumonia and cardio and vascular disease, according to a family statement released Tuesday morning. He was 84. 

Cheney served as vice president under President George W. Bush for eight years and previously as defense secretary under President George H.W. Bush. He also served as a House member from Wyoming and as White House chief of staff for President Gerald Ford. 

“Dick Cheney was a great and good man who taught his children and grandchildren to love our country, and to live lives of courage, honor, love, kindness, and fly fishing,” his family said in a statement. “We are grateful beyond measure for all Dick Cheney did for our country. And we are blessed beyond measure to have loved and been loved by this noble giant of a man.”

Cheney had a complicated history on LGBTQ issues; he and wife Lynne had two daughters, Liz Cheney and Mary Cheney, who’s a lesbian. Mary Cheney was criticized by LGBTQ advocates for not joining the fight against President George W. Bush’s push for a constitutional amendment banning gay marriage. She later resumed support for LGBTQ issues in 2009, including same-sex marriage, after her father left office in 2009. She married her partner since 1992, Heather Poe, in 2012.

In 2010, after leaving office, Cheney predicted “Don’t Ask, Don’t Tell” would “be changed” and expressed support for reconsideration of the law banning open military service.

In 2013, the Cheney family’s disagreements over marriage equality spilled into the public eye after Liz Cheney announced her opposition to same-sex couples legally marrying. Mary Cheney took to Facebook to rebuke her sister: “Liz – this isn’t just an issue on which we disagree – you’re just wrong – and on the wrong side of history.” Dick and Lynne Cheney were supporters of marriage equality by 2013. Liz Cheney eventually came around years later.

Cheney, a neo-con, was often criticized for his handling of the Iraq war. He was considered one of the most powerful and domineering vice presidents of the modern era. He disappeared from public life for years but re-emerged to help Liz Cheney in her House re-election bid after she clashed with President Trump. Dick Cheney assailed Trump in a campaign video and later Liz announced that her father would vote for Kamala Harris in the 2024 presidential election.

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New Hampshire

John E. Sununu to run for NH Senate seat

Gay Congressman Chris Pappas among other candidates

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Former U.S. Sen. John E. Sununu (R-N.H.) (Screen capture via WMUR-TV/YouTube)

Former U.S. Sen. John E. Sununu on Wednesday announced he is running for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat in 2026.

“Washington, as anyone who observes can see, is a little dysfunctional right now,” Sununu told WMUR in an interview the New Hampshire television station aired on Wednesday. “There’s yelling, there’s inactivity. We’ve got a government shutdown. Friends, family, they always say, ‘Why would anyone want to work there?’ And the short answer is it’s important to New Hampshire. It’s important that we have someone who knows how to get things done.”

Sununu, 61, was in the U.S. House of Representatives from 1997-2003 and in the U.S. Senate from 2003-2009. Shaheen in 2008 defeated Sununu when he ran for re-election.

Sununu’s father is John Sununu, who was former President George H.W. Bush’s chief of staff. Sununu’s brother is former New Hampshire Gov. Chris Sununu.

John E. Sununu will square off against former U.S. Sen. Scott Brown in the Republican primary. Gay U.S. Rep. Chris Pappas (D-N.H.) is among the Democrats running for Shaheen’s seat.

“As a small business owner and public servant, I’m in this fight to put people first and do what’s right for New Hampshire,” said Pappas on Wednesday on X. “I’m working to lower costs and build a fair economy. Washington should work for you — not corporate interests.”

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Politics

Homophobia, racism, and Nazis: The dark side of rising Republican leaders

Leaked messages from young GOP leaders reveal normalized extremist rhetoric and internal party divisions.

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Vice President J.D. Vance said the messages were "kids doing stupid things" despite multiple of them being in their 30s. (Washington Blade photo by Michael Key)

The Young Republican National Federation (YRNF) — an organization dedicated to politically organizing young conservatives and helping them win elected office across the United States — is under fire after thousands of homophobic, sexist, racist, anti-Semitic, and violent Telegram messages from state-level group chats were leaked.

Politico reviewed nearly 2,900 pages of messages exchanged between January and August 2025 by members of state chapters of the YRNF, the youth wing of the Republican Party. Many of those involved in the chats currently hold or have held positions in state governments across New York, Kansas, Arizona, and Vermont.

Participants in the chats used racist, ableist, and homophobic slurs 251 times, according to Politico’s analysis. “Faggots,” “monkeys,” “watermelon people,” and “retards” were just some of the reported language used.

Within the leaked messages, at least six instances of explicitly homophobic language came from some of the youngest leaders in the Republican Party. Much of this rhetoric targeted Hayden Padgett, who recently won election as national chair of the Young Republicans. Padgett’s victory came after a bitter contest with Peter Giunta, the former chair of the New York State Young Republicans, who led an “insurgent” faction within the group and has been quoted most frequently in coverage of the leak.

Giunta, who was found to repeatedly say how much he “loved” Hitler in the group chat and used the N-word multiple times, was reportedly angry over losing the August election. He wrote messages such as “Minnesota – faggots,” referring to the state’s Young Republican organization, and “So you mean Hayden faggot wrote the resolution himself?”

Luke Mosiman, chair of the Arizona Young Republicans, responded with “RAPE HAYDEN” — later joking about Spanish colonizers coming to America and having “sex with every single woman.” Alex Dwyer, chair of the Kansas Young Republicans, replied, “Sex is gay.” Mosiman followed with, “Sex? It was rape.”

Bobby Walker, former vice chair of the New York State Young Republicans and former communications director for New York state Sen. Peter Oberacker, made at least two homophobic comments, including “Stay in the closet faggot,” and, in another message mocking Padgett, “Adolf Padgette is in the faggotbunker as we speak.”

William Hendrix, vice chair of the Kansas Young Republicans and former communications assistant for Kansas Attorney General Kris Kobach, was also a frequent participant, posting numerous racist and homophobic remarks — including, “Missouri doesn’t like fags.”

Joe Maligno, who served as general counsel for the New York State Young Republicans, said, “Can we fix the showers? Gas chambers don’t fit the Hitler aesthetic.”

There were multiple anti-Semitic dog whistles used, most notably Dwyer’s use of “1488” in the chat. The “14” references the 14 words in the white supremacist slogan, “We must secure the existence of our people and a future for white children,” while “88” is shorthand for “Heil Hitler,” with “H” being the eighth letter in the alphabet.

In response to the controversy Vice President J.D. Vance downplayed the leak, calling it an example of “kids doing stupid things” and “telling edgy, offensive jokes.”

Everyone mentioned in the group chat is over the age of 20. Peter Giunta is 31 years old, and Joe Maligno is 35. The ages of the other participants were not specified, but most accounts indicate they are over 24.

This leak exposes how some up-and-coming Republican leaders have normalized offensive and extreme rhetoric, reflecting both the erosion of political and cultural sensitivity and the influence of Trump and his allies. It also underscores the widening divide within the party between its traditional conservative wing and a far-right faction emboldened by such rhetoric.

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