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DOMA ruling quickens march toward marriage equality

Officials in Ohio, Pa., Missouri, N.M. cite court decision

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Jeff Zarillo, Paul Katami, Sandy Stier, Kris Perry, David Boies, Chad Griffin, gay marriage, same-sex marriage, marriage equality, Proposition 8, Defense of Marriage Act, DOMA, Prop 8, California, Supreme Court, gay news, Washington Blade

The Supreme Court decision against DOMA has boosted marriage equality activism. (Washington Blade photo by Michael Key)

Not even one month after the Supreme Court’s historic decision striking down Section 3 of the Defense of Marriage Act, the effects of the ruling are already proliferating as legal authorities throughout the country reinterpret laws to advance marriage rights for gay couples.

Almost like a domino effect, public officials and judges in Ohio, New Mexico, Pennsylvania and Missouri this week alone have acted to advance marriage equality by drawing on the decision in Windsor v. United States as part of their reasoning.

Doug NeJaime, a gay law professor at the University of California, Irvine, said this movement so soon after the Windsor ruling “was anticipated” given the language that Associate Justice Anthony Kennedy used in his opinion.

“Given the flurry of activity, and the quick decisions coming out of places like Ohio, this may mean that the Supreme Court may not be able to avoid the question regarding the constitutionality of state marriage bans as long as some of the justices may hope,” NeJaime said. “Clearly in Perry they were able to push the issue off for a bit, but it doesn’t seem they will be able to avoid the question for more than a few years at most.”

In Ohio, U.S. District Judge Timothy Black drew on the precedent set in Windsor as part of his reasoning in his 15-page decision affording a temporary order requiring Ohio to recognize the marriage of James Obergefell and John Arthur.

“While the holding in Windsor is ostensibly limited to a finding that the federal government refuse to recognize state laws authorizing same-sex marriage, the issue whether States can refuse to recognize out-of-state same-sex marriages is now surely headed to the fore,” Black writes. “Indeed, just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, ‘the state law-shoe’ has now dropped in Ohio.”

In Missouri, the State Supreme Court has asked attorneys involved in a gay death benefits case for an additional briefing in light of the Supreme Court’s decision against DOMA. Kelly Glossip was denied the benefits of her partner, Missouri State Highway Patrol Cpl. Dennis Engelhard, who died in the line of duty in 2009.

In Pennsylvania’s Montgomery County, where the County Commission has directed clerks to distribute marriage licenses to gay couples, the Windsor decision is cited again. Democrat Josh Shapiro is indirectly quoted by the Associated Press as saying the commission believes it has authority to distribute marriage licenses because of the Supreme Court decision against DOMA.

New Mexico Attorney General Gary King also makes reference to Windsor in his 29-page opinion in which he announces he won’t defend a state law in a lawsuit seeking marriage equality. But the decision here is mentioned briefly in a citation along with state marriage lawsuits such as Massachusetts’ Goodridge v. Department of Public Health and Iowa’s Varnum v. Brien.

New application of the Windsor decision can also be seen at the federal level. On Thursday, the Federal Election Commission is set to vote on allowing married same-sex couples to make joint political donations from an individual bank account.

The FEC has previously determined that married gay couples were ineligible to make such contributions under DOMA, but with Section 3 of that law deemed unconstitutional, the commission on Friday published a new draft opinion saying it “now revisits the question.”

Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the “pace has been quick, and it’s only getting quicker” with respect to the advancement of marriage equality after the DOMA ruling.

“Part of the cascade of change in the direction of marriage equality comes from the power of Justice Kennedy’s decision striking down DOMA,” Goldberg said. “They could have won, but with a less powerful opinion, which might not have motivated as many government officials to advance marriage equality, but the opinion is powerful and makes clear that discrimination in marriage is unconstitutional.”

In addition to the DOMA ruling, Goldberg also attributed the advancement of marriage equality to elected officials wanting to catch up to other politicians who have endorsed same-sex marriage. Additionally, she said a general cultural shift in the United States and high degree of acceptance of the court ruling is responsible.

“There can be no question that momentum has been building over the past two years, and it’s increased dramatically with the court striking down DOMA,” Goldberg concluded. “I think we can expect the pace of change to continue, but with bumps along the way.”

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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Congress

10 HIV/AIDS activists arrested on Capitol Hill

Protesters interrupted Secretary of State Marco Rubio during hearing

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(Washington Blade photo by Michael Key)

U.S. Capitol Police on Tuesday arrested 10 HIV/AIDS activists who protested Secretary of State Marco Rubio during a Senate Foreign Relations Committee hearing.

The activists from Housing Works, Health GAP, the Treatment Action Group, and ACT UP held signs and chanted “Rubio’s Cuts Kill People with AIDS, PEPFAR Saves Lives!” before officers removed them from Dirksen Senate Office Building room where the hearing took place.

A media advisory the Washington Blade received before the protest noted “mounting evidence of Rubio’s attempts to sabotage PEPFAR (the President’s Emergency Plan for AIDS Relief, U.S. bilateral AIDS program) and vital global health programs.” The press release specifically highlighted three specific points:

• Eliminating Centers for Disease Control’s (CDC) lifesaving PEPFAR programs, which currently support approximately 12 million people on HIV treatment across 51 countries. Instead, Rubio intends to dismantle CDC’s current PEPFAR role and stamp out their global footprint in disease outbreak and surveillance for pandemics beyond HIV. Experts including eight former CDC Directors under Republican and Democratic administrations have spoken out against this effort to dismantle PEPFAR. Recent PEPFAR data showed sharp decreases in the numbers of people newly tested, diagnosed, and treated for HIV, but these data would have been even worse if not for CDC’s PEPFAR programs.

• Withholding $2 billion in Congressionally appropriated FY25 funding, including $330 million to combat HIV, $250 million to fight malaria, $320 million for maternal and child health programs, and nearly $650 million in global health security programs.

• Negotiating secret bilateral deals blackmailing African governments by demanding access to critical mineral wealth as a condition of access to HIV treatment and prevention funding.

The groups have staged several protests against the Trump-Vance administration’s HIV/AIDS policies since it took office.

Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates.

The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought a few weeks later said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.

The White House in January expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. Advocacy groups insist the expanded rule will adversely impact HIV prevention efforts around the world.

“Congress must stop Secretary Rubio before he dismantles PEPFAR,” said Treatment Action Group’s Kendall Martinez-Wright. “Rubio continues to defy the will of Congress and the American people who want this program restored and repaired. Under his leadership he is diverting funding and trying to eliminate the essential role of technical experts in global HIV and global health, while program performance is flailing.”

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2026 Midterm Elections

Ken Paxton wins Texas Republican primary runoff

LGBTQ rights opponent will face Democrat James Talarico in November

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Texas Attorney General Ken Paxton speaking in 2017. (Washington Blade photo by Michael Key)

Attorney General Ken Paxton won the Republican Senate primary in Texas on Tuesday, ousting incumbent U.S. Sen. John Cornyn.

Paxton won the primary against the four-term incumbent in large part due to President Donald Trump’s endorsement. Despite Cornyn voting with Trump more than 90 percent of the time, political insiders say being supportive isn’t enough to win Trump’s endorsement anymore — Republican candidates need to embrace the full MAGA image, something Paxton has done.

Paxton has served as Texas attorney general since 2015 and, before that, worked as a Texas state representative. He has approached both roles with what LGBTQ activists call a “consistently Anti-LGBTQ+ Record.” Following the landmark U.S. Supreme Court decision in Obergefell v. Hodges — the case that made same-sex marriage the law of the land — Paxton advised Texas county clerks they could refuse marriage licenses to same-sex couples on religious grounds.

His anti-LGBTQ crusade doesn’t stop at fighting against marriage equality.

Paxton has repeatedly demanded medical records for transgender youth in multiple states — including Texas, Georgia, and Washington — in hopes of making the practice illegal. His anti-trans actions go far past medical records. Paxton issued an opinion barring trans Texans from changing the sex on their driver’s licenses and birth certificates, claiming any changes made were “unlawfully altered,” and helped the DOJ reach an agreement with a Texas’s children’s hospital for providing minors gender-affirming care, eventually leading to a 10 million dollar settlement. He also authored a non-legally binding opinion equating gender-affirming healthcare for youth to child abuse.

In addition to his long history of anti-LGBTQ policy in the Lone Star State, Paxton is no stranger to controversy.

Multiple impeachment efforts brought against him in the state House of Representatives for “abuse of office” — with the state Senate later acquitting him — allegations that he used his office to assist large campaign donors, namely Nate Paul, and a widely publicized separation from his wife, state Sen. Angela Paxton, all impacted his run for the U.S. Senate seat — but not enough to keep him from the office.

Lynne Bowman, vice president of campaigns at the Human Rights Campaign, issued a statement following the announcement of Paxton’s primary win.

“Texans have a clear choice this fall, and an opportunity to reject failed policies that hurt all families,” Bowman sent to the Blade via email. “Ken Paxton is so out of step that he has fought to undercut marriage equality and spent time demanding personal medical records for young people who do not even live in Texas, all while becoming the most corrupt politician in America. The more than 2 million Equality Voters in Texas will send him packing.”

Paxton will face off against Democratic hopeful and vocal Trump critic James Talarico in the fall.

Talarico, who won the Democratic primary in April against Congresswoman Jasmine Crockett, has been a vocal supporter of LGBTQ rights, citing his ministry work as the source of his support for the community.

The race for Texas’s Senate seat will be decided on Nov. 3.

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