Opinions
What the court didn’t do in DOMA case
Many challenges lie ahead in aftermath of historic decisions

On June 26, 2013, the Supreme Court issued two of the most important LGBT-related decisions in U.S. history. (Washington Blade photo by Michael Key)
On June 26, 2013, the Supreme Court issued two of the most important LGBT-related decisions in U.S. history. In Hollingsworth v. Perry the court essentially reinstated marriage for same-sex couples in California (and California has already allowed those marriages) and in Windsor v. United States it held that the federal government is required to recognize marriages between same-sex couples.
It’s also important to note what it did not do. The court did not require that all states recognize valid marriages between same-sex couples, and it did not require that every state allow marriages between same-sex couples. The court left the question of whether same-sex couples have a constitutional right to marry for another day.
There are two major things to consider from the Supreme Court’s marriage decisions. The first is what do these decisions mean for married same-sex couples, and the second is what do these decisions mean for ongoing attempts to eliminate discrimination against the LGBT community? Although it will take some time to find answers, in the few short weeks since the decisions were announced, we have already seen significant movement to recognize all marriages between same-sex couples.
The main question confronting the federal government is whether it will adopt the “place of celebration” (where a couple got married, including foreign countries) or “place of domicile” (where the couple lives) rule to determine whether the marriage is valid. For example, those couples that live in states and jurisdictions that have marriage equality (recognition states), like the District of Columbia and Maryland, will certainly be considered married for all federal purposes as their marriages are valid under both “place of celebration” and “place of domicile” rules. However, married same-sex couples who live in Virginia (a non-recognition state) will have to see whether the “place of celebration” or the “place of domicile” rule will govern the federal benefit they are seeking.
After Windsor, President Obama directed all federal agencies to review their policies to come up with a plan to implement marriage equality on the federal level as soon as possible. A number of federal agencies have already issued their own marriage definition policies. The Office of Personnel Management (OPM) published guidance that says that the “place of ‘celebration’ rule will determine the validity of a marriage for all federal employees. This means that any federal employee married to a same-sex spouse, no matter where the employee lives, is married for federal government purposes.
Federal employees should immediately contact their Human Resources departments to apply for any benefits for which they may now be eligible. The federal government has indicated that the Windsor decision will be considered a “qualifying event” so federal employees have 60 days to revisit their benefit choices.
The United States Citizen and Immigration Services (USCIS) has also said that “place of celebration” will determine the validity of a marriage for immigration purposes. That means that bi-national same-sex married couples, no matter where they currently live, will be treated the same as opposite-sex married couples. In fact, a deportation of a foreign spouse underway prior to Windsor was stopped, and a gay male foreign spouse in Florida has been approved for a green card under the new immigration policy.
Chuck Hagel, the Secretary of Defense, has said that the military will treat all married couples the same, no matter where they got married, using the “place of celebration” rule. This means that military spouses will have rights to health insurance, base housing, ID cards, on-base shopping privileges, burial at Arlington Cemetery and more. Eligibility for Social Security benefits, however, has historically depended on the “place of domicile” rule. We are waiting for further developments in this area.
It seems clear that in the end, the federal government will adopt an across-the-board “place of celebration” rule for eligibility for all federal benefits relating to marriage. Any other policy would be untenable. This policy would give married couples access to more than 1,000 rights and responsibilities on the federal level.
Locally, the University of Maryland has said that as of July 31, 2013, it will treat all married couples, whether same-sex or opposite-sex, equally. Other institutions are also coming out with their own policies on how married same-sex couples will be treated. But, the marriage of a same-sex couple that lives in a “recognition” state (D.C., Maryland and Delaware locally), should be valid for all purposes, state, local and federal. Anything less would be discrimination forbidden under Windsor.
Married couples with children however, should still do second-parent adoptions if they are available, and complete their estate planning as the Windsor decision DOES NOT require all states to recognize any legal relationships based on the couples’ marriages. As before, it is absolutely crucial to obtain court orders granting these legal relationships separate from the marriage.
If you haven’t married, but have been waiting for the fall of DOMA, contact your lawyer to discuss the implications of the Windsor decision for you. Make sure you know all of the implications before you take the big step. If you are married and work for a state government or private employer, and you live in a recognition state — again, D.C., Delaware and Maryland locally — also contact your employer to make sure all of your coverages are what you want. Do this as soon as possible.
Although the Supreme Court cases did not impact the 29 states with constitutional amendments and laws prohibiting marriage equality, Windsor and Perry opened the door for challenges to those laws, and for arguments that those states must recognize valid marriages between same-sex couples. We are already seeing immediate and significant litigation around marriage equality. Marriage equality cases have been filed in Arkansas, Louisiana, Oklahoma, Ohio, and Pennsylvania, and will be filed shortly in Virginia. There is continuing litigation in Michigan, Illinois and New Jersey around these issues.
The fact that same-sex marriages will be recognized on the federal level is, of course, extremely important. But, to me, how the court got to this decision may be even more important because of what the court’s legal analysis means for future cases. Everyone expected DOMA to be struck down, but on the basis of states’ rights — that each state could decide for itself whether it would have marriage equality. But instead of states’ rights, the court based its decision on Equal Protection, a constitutional protection for groups that are targets of social animus. That opens the door for challenges to ANY law discriminating against lesbians and gay men. Even Justice Anton Scalia recognized this. Here’s what he said:
“In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today’s opinion. As I have said, the real rationale of today’s opinion, whatever disappearing trail of its legalistic argle-bargle one chooses to follow, is that DOMA is motivated by ” ‘bare . . . desire to harm'” couples in same-sex marriages. Supra, at 18. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status.”
One of the only times I hope he’s right!
Michele Zavos is a long-time lesbian activist attorney and founder and principal of the Zavos Juncker Law Group, PLLC, which practices in all three area jurisdictions.
Opinions
Why I’m supporting Gary Goodweather for D.C. mayor
In a word, longtime local resident has the character for the job
Hey fellow LGBTQ+ Democrats, this is worth reading! Especially if you’re a voter in Washington, D.C. who’s planning to cast a ballot for the nomination of local candidates in the District of Columbia in 2026.
Because next Tuesday June 16 is a really Big Deal for D.C. Democrats. It’s the first time in two decades that the doors to filling the crucially important job of mayor are wide open because no incumbent is on the ballot.
That is, Mayor Muriel Bowser is not running for election. Instead she will — at last, and after three terms in office — symbolically ride off into the political sunset. And to considerable and well deserved applause. Because she’s been rightly lauded for many important accomplishments, including her well documented record of supporting the many diverse issues concerning the LGBTQ+ community.
But she’s been equally derided for her far too spineless a record recently, of (not) effectively opposing President Donald Trump and his outrageous stationing of outsider National Guard armed troops all across D.C. This despicably sad state of affairs has been a grim statement that Washington, D.C. (not being a state) is subject to the Donald’s feral instincts for nastily mean-spirited retributions. But she’s been meek and mild, and even actively complicit with Trump, when other mayors have told Trump to buzz off. And they succeeded.
But enough about Mayor Bowser. Her “sell by date” fast approaches. The old order changes. And a new day dawns.
Next Tuesday, two candidates of this old (and by now seriously outmoded) order seek to win the coveted Democratic nomination for mayor on June 16. First, there’s Janeese Lewis George, who’s a great first or second choice by any measure. And (ahem) then there’s Kenyan McDuffie.
But this is Ranked Choice Voting and it’s brand new. It’s not “either/or” binary, just like we now appreciate that sexual orientation and identity are also non-binary.
My first choice is clear because I know him. His name is Gary Goodweather. But so, who is this outsider candidate for mayor anyway?
It goes like this. First, together with his remarkable wife, successful D.C. Realtor Meredith Margolis, Gary and their two college age kids are all 20-year residents of Dupont Circle. I actually first met Gary and Meredith a year ago at a BBQ event, when he was a speaker at the historic, progressive, feminist Woman’s National Democratic Club.
So once again, who’s this Gary Goodweather? And why should you seriously consider him for your personal first or second or even third choice?
Here’s why. He’s new to politics in the conventional old paradigm of “politics.” But he knows Washington, D.C. forwards and backwards and inside and out. Because he’s been involved for many years in successful local private sector business investments, including the development of neighborhood-based BIDs, or Business Improvement Districts including the one in NoMa.
And his thinking is typically “out-of-the box.” For example, he’s currently an actual active advocate for establishing agriculture in our densely populated urban environment — through so-called “tiered gardens.” Yes, D.C., trust me, this is an actual thing. And yes, it requires street smarts to deal with challenging zoning issues; but it’s a real example of what fresh blood and new thinking and real imagination can bring to our hogtied and often over-regulated city.
Gary was in the U.S. Army and the National Guard for four years as a captain in the armored command. He earned his MBA in finance from Johns Hopkins University in night school.
If elected, Gary would be D.C.’s first Jewish mayor. (His is Reform Judaism. Repair the breach!)
He’s become my friend and I admire his intelligence and diligence and imagination and in a word his character.
Here’s what he said to me about what he calls his political North Star: “All D.C. residents should be protected, regardless of who they love. Love is love. Love who you want. Identify how you choose to be.”
Look, it’s always time for good weather in our city. Maybe it’s time for Gary Goodweather as mayor too. First choice or second choice. Then let’s all see what happens next.
David Hoffman is a freelance writer and retired federal government civil servant. He is a longtime resident of the H Street Northeast corridor. He is a member of both the Woman’s National Democratic Club and DSA, Democratic Socialists of America Metro DC chapter.
Opinions
Don’t just vote for change — vote for Hope Solomon for mayor
LGBTQ community isn’t separate from Washington’s story — it is our story
My name is Hope Solomon, and I’m running for mayor of Washington, D.C.
I’ve spent my entire life here. I attended D.C. Public Schools. I grew up working in my family’s small business here in D.C. I live in Dupont Circle. For 17 years, I worked in national security with the Department of Defense, FBI, and Department of Homeland Security. Then last July, I got DOGE’d by Elon Musk.
I don’t recommend it as a career strategy.
But it did give me something I hadn’t had in a long time: perspective.
For the first time in years, I had space to slow down and ask a simple question: Why does it feel like Washington is being run by the same small group of people playing musical chairs, while everyone else is just expected to live with the results?
That’s when I decided to run.
I wasn’t raised in Washington’s political circles. I was raised in Washington. There’s a difference.
Some of my earliest memories are going to see the AIDS Quilt on the National Mall with my mother. I didn’t fully understand it at the time, but I understood enough to know it mattered—because it made something the country had been trying not to see completely impossible to ignore.
My family’s version of a home-cooked meal has always been Annie’s or Mr. Henry’s. I grew up going to Pride, the High Heel Race, drag brunches, and drag shows. As a kid, I thought that was just what cities were like—sequins, show tunes, queens, neighbors, everything mixed together.
Turns out that wasn’t every city.
It was Washington.
The arts shaped me just as much as anything else. I started at Fillmore Arts Center, trained for years with the Washington School of Ballet, and performed across the city—from the Kennedy Center to Warner Theatre to Lisner Auditorium.
The arts taught me discipline and confidence. But more than that, they taught me something Washington has always understood: A city works when people are free to be exactly who they are.
Growing up here, LGBTQ+ Washingtonians were my neighbors, my teachers, fellow business owners, artists, friends, and family.
They helped build the Washington I know.
And that’s why this moment matters.
Washington is facing a budget crisis. Small businesses are struggling. The federal government is openly hostile toward our city. But what worries me most isn’t just policy—it’s whether we lose what makes Washington itself while trying to fix it.
Because the soul of this city is in places like Annie’s. It’s in neighborhood restaurants, small theaters, Pride celebrations, independent businesses, and the people who make this city feel like home.
As mayor, I’ll fight to protect that. I’ll stand up for LGBTQ+ rights, support LGBTQ+ youth, invest in the arts, strengthen public safety, and back the small businesses that keep our neighborhoods alive.
Most importantly, I’ll lead with the understanding that the LGBTQ+ community isn’t separate from Washington’s story.
It is Washington’s story.
If you want another career politician, you’ve got plenty of options.
If you want someone who was shaped by this city, believes in this city, and is ready to fight for this city, I’m asking for your vote.
Learn more at HopeForDC.com. On Election Day, don’t just vote for change. Vote for Hope.
Hope Solomon is a candidate for D.C. mayor.
Opinions
Vote Kenyan McDuffie for D.C. mayor
He will best protect D.C.’s interests amid federal meddling
Elections are always important, but this year in D.C. they will bring major changes. Because of that, your vote in the Democratic primary on June 16 is more important than ever. D.C. is so overwhelmingly Democratic it is a near certainty the winners in the Democratic primary will win the general election. So, I urge everyone eligible, take the time to vote.
D.C. makes it very easy. Every registered voter has received a ballot in the mail. I cast mine before I left for a vacation. When you read this don’t put your ballot in the mail, rather vote at an early voting location, or put your ballot in one of the drop boxes around the city, or vote in person on June 16. You can find the locations for these options nearest you by going to the DCBOE website.
This year for the first time D.C.is dealing with rank choice voting, and who you rank second, or third, can make a difference in the outcome. It is important to note that you don’t have to rank the candidates. You can bullet vote for the one you like, or rank up to five. If there is one or more you like, you can simply choose a #1 and #2. Again, there is no requirement that you rank more people. From what I am seeing, in most of the races, even if five, six, or more, are running and listed on the ballot, in most of those races it will come down to one or two who have any chance. The way the city handles giving out our public money, it will cost us a lot of taxpayer dollars for all those people with no chance at all to win. I hope after these elections the Council will take a close look at how we do our public financing, and reform it. I am all for public financing, just not at the rate D.C. does it. We must ensure anyone who gets city money, accounts for every penny of it. It should never be spent on personal items. If it is not all used, it needs to be refunded to the city.
I have not made endorsements in every race, but clearly the most important race this year in D.C. is for mayor. After 12 years of Muriel Bowser serving as our mayor, there will be someone new sitting in that office after Jan. 1, 2027. What people must remember when voting for mayor, is the person we elect, even if Democrats take back Congress, and I think we will, must continue dealing with the felon in the White House for the first two years of their term. We have seen doing that requires the skill to walk a tightrope. While fighting him on nearly all he is doing, it’s crucial the mayor understands they must not alienate him to the point where he goes all out to attack the city, and the residents here. Remember, home rule gives the felon in the White House, and Congress, enormous power over us. Congress gets to review all our legislation, and our budgets, before they become law. The president controls the D.C. National Guard, and the federal agencies that in many cases get involved, and impact the work of our city. That includes housing, parks, the MPD, and others. There is only one person on the ballot who fully understands that, and has shown, by word and action, they know how to deal with him in the way that will benefit all the people in our city. That person is Kenyan McDuffie. I urge your #1 vote for him. If you have decided to vote for one of the other candidates, I would hope you would list him on your ballot as #2.
Then for Democratic Council-at-large I urge you to consider a #1 vote for Kevin Chavous. Then Brian Schwalb for Attorney General, Phil Mendelson for Council Chair, and Brooke Pinto for delegate to Congress. For Ward 5 Council I recommend Zachary Parker. For Democratic Party slots, I urge a vote for all those running on the Democrats United for a Free D.C. slate.
Then for the Independent Council-at-Large seat I urge a vote for Jacque Patterson or if you vote for Doni Crawford, rank Jacque #2.
Again, the results of this election will determine the future of the District of Columbia. It is the most important election here in years. I urge everyone who can vote in the primary to do so. Your vote can make a difference to you, and all your neighbors.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
