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Holder to announce new DOJ policy on gay rights

Attorney general to unveil changes during speech at HRC gala in NYC

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Eric Holder, United States Department of Justice, gay news, Washington Blade, LGBT Pride
Eric Holder, Tammy Baldwin, Melissa Etheridge, United States Department of Justice, United States Senate, Democratic Party, Wisconsin, gay news, Washington Blade, LGBT Pride

U.S. Attorney General is set to announce new DOJ policy in the wake of the Supreme Court decision against DOMA (Washington Blade photo by Michael Key).

U.S. Attorney General Eric Holder is set to announce a new policy today aimed at ensuring the Justice Department recognizes same-sex marriages under the law, the Washington Blade has learned.

Holder is scheduled to deliver the remarks at 7 p.m. during his speech at the Human Rights Campaign’s annual gala in New York City held at the Waldorf Astoria.

According to excerpts from his prepared remarks, Holder is set to announce the Justice Department will issue a memorandum on Monday to outline the changes, which will bring the department into compliance with the Supreme Court’s decision against the Defense of Marriage Act.

Holder is prepared to make the announcement in the same speech in which he’s set to reflect on the 50th anniversary of Martin Luther King, Jr.’s “I Have a Dream” speech and passage of the Civil Rights Act of 1964.

“And yet, as all-important as the fight against racial discrimination was then, and remains today, know this: my commitment to confronting discrimination based on sexual orientation or gender identity runs just as deep,” Holder’s prepared remarks say. “Just like during the civil rights movement of the 1960s, the stakes involved in this generation’s struggle for LGBT equality could not be higher.”

Each of the changes is related to the way the Justice Department handles recognition of married same-sex couples. They range from rights in civil and criminal cases, rights as inmates and access to benefits programs:

• The Justice Department will recognize that same-sex spouses of individuals involved in civil and criminal cases have the same legal rights as straight married couples, including the right to decline to give testimony that might incriminate a spouse.

This new rule applies in non-marriage equality states. The government won’t object to couples in same-sex marriages invoking this right if they marry in another state, but their current jurisdiction doesn’t recognize their union.

• In bankruptcy cases, the U.S. Trustee Program will take the position that same-sex married couples should be treated in the same manner as opposite-sex married couples. Consequently, same-sex married couples will be eligible to file for bankruptcy jointly; certain debts to same-sex spouses or former spouses will be excepted from discharge; and domestic support obligations should include debts, including alimony, owed to a former same-sex spouse.

• Federal inmates in same-sex marriages will be entitled to the same rights and privileges as inmates in opposite-sex marriages. These rights include spousal visitation; inmate furloughs to be present during a crisis involving a spouse; escorted trips to attend a spouse’s funeral; correspondence with a spouse; and compassionate release or reduction in sentence if an inmate’s spouse is incapacitated.

• The Justice Department will recognize same-sex couples for the purposes of a number of benefits programs it administers, such as the Radiation Exposure Compensation Program and the September 11th Victim Compensation Fund.

Also among these programs is the Public Safety Officers’ Benefits Program, which provides death benefits to surviving spouses of public safety officers, such as law enforcement officers and firefighters, who suffer catastrophic or fatal injuries while on duty.

“When any law enforcement officer falls in the line of duty or is gravely injured, the federal government should stand by that hero’s spouse – no matter whether that spouse is straight or gay,” Holder’s prepared remarks say.

The new policy comes seven months after the U.S. Supreme Court decision against Section 3 of the Defense of Marriage Act, which prohibited federal recognition of same-sex marriage. Nothing in the excerpts of prepared remarks received by the Blade references DOMA, but a Justice Department official said the new changes are considered a step in the process to bring the Justice Department into compliance with the decision.

The Justice Department has coordinated the effort across the Obama administration to ensure married same-sex couples have the same rights and benefits under federal law as opposite sex couples in the wake of the DOMA decision. The various departments and agencies announced changes in policies since that time.

Chad Griffin, HRC president, praised Holder in a statement for changes he’s slated to announce within the Justice Department.

“This landmark announcement will change the lives of countless committed gay and lesbian couples for the better,” Griffin said. “While the immediate effect of these policy decisions is that all married gay couples will be treated equally under the law, the long-term effects are more profound. Today, our nation moves closer toward its ideals of equality and fairness for all.”

At least one of the changes that Holder is set to announce — the eligibility of married same-sex couples to file jointly for bankruptcy — was already the policy of the Justice Department. According to Reuters, following a ruling against DOMA by a bankruptcy court in Los Angeles, the Justice Department in 2011 elected to no longer dismiss bankruptcy petitions filed jointly by married same-sex debtors.

In his remarks, Holder is set invoke the memory of former U.S. Attorney General Robert Kennedy and his work in the civil rights movement as a reference point for the additional work the Justice Department is doing on LGBT rights.

“Then, as now, nothing less than our country’s commitment to the notion of equal protection under the law was on the line,” Holder’s prepared remarks say. “And so the Justice Department’s role in confronting discrimination must be as aggressive today as it was in Robert Kennedy’s time.  As Attorney General, I will not let this Department be simply a bystander during this important moment in history.”

Just last month, Holder announced the federal government would recognize the more than 1,300 same-sex marriages that took place in Utah following a district court ruling legalizing gay nuptials in the state — even though the state won’t recognize the unions now that the U.S. Supreme Court has placed a stay on the weddings.

HRC’s Griffin said the actions that Holder is preparing to undertake are right in line with Kennedy’s legacy as civil rights icon.

“Attorney General Holder continues to show incredible leadership, and this latest action cements his place in history alongside Robert F. Kennedy, another attorney general who crusaded for civil rights,” Griffin said.

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Lebanon

Lebanese LGBTQ group responds to latest war

Helem’s Beirut community center ‘a vital crisis hub’

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(Image via Helem/Facebook)

A Lebanese advocacy group is providing support to LGBTQ people who have been displaced during the latest war between Israel and Hezbollah.

Helem Executive Director Sandy Mteirik on Monday told the Washington Blade her group, in partnership with another NGO, has “shifted our programs to focus entirely on emergency response.”

Helem has opened what Mteirik described as a “lifesaving, inclusive shelter specifically for transgender individuals who find collective shelters unsafe or inaccessible.”

Mteirik noted Helem’s community center in Beirut, the Lebanese capital, “now serves as a vital crisis hub where” LGBTQ people “can find physical safety, psychological support, and relief assistance.” she told the Blade that Helem is also offering “confidential emotional support, assessing immediate needs, and connecting individuals with emergency housing and protection services.”

“We also continue to monitor and document protection risks to prevent further exclusion and harm,” said Mteirik.

‘Displacement crisis has intensified’

The U.S. and Israel on Feb. 28 launched airstrikes against Iran. One of them killed Supreme Leader Ayatollah Ali Khamenei.

Hezbollah, an Iran-backed Shia militant group the U.S. has designated a terrorist organization, in response launched rockets into Israel. The Jewish State on March 2 began to carry out airstrikes against Hezbollah in Lebanon.

The Lebanese Health Ministry on Tuesday said Israeli airstrikes have killed 2,124 people and wounded 6,921 others. Lebanese officials have also indicated the war has displaced more than 1 million people in the country.

Israeli airstrikes in Beirut and elsewhere in the country on April 8 killed more than 300 people and injured upwards of 1,100.

President Donald Trump the day before said “a whole civilization will die tonight” if Iran did not agree to end the war and end its blockade of the Strait of Hormuz, a strategic waterway that connects the Persian Gulf and the Gulf of Oman through which roughly 20 percent of the world’s crude oil passes.

Trump less than two hours before the deadline announced a two-week ceasefire with Iran that Pakistan helped broker. Trump said the deal did not include Lebanon, even though Pakistan insisted it did.

Hamas militants on Oct. 7, 2023, killed upwards of 1,200 people when they launched a surprise attack against Israel from the Gaza Strip. Hezbollah the following day began to launch rockets into Israel.

An Israeli airstrike in Beirut on Sept. 27, 2024, killed Hassan Nasrallah, Hezbollah’s long-time leader. Iran four days later launched upwards of 200 ballistic missiles at Israel.

The U.S. helped broker a ceasefire between Israel and Lebanon that took effect on Nov. 27, 2024. Israel nevertheless continued to carry out airstrikes in Lebanon.

Lebanese Ambassador to the U.S. Nada Hamadeh Moawad met with Israeli Ambassador to the U.S. Yechiel Leiter on Tuesday at the State Department. The meeting is the first time the two countries have held direct diplomatic talks since 1993.

Mteirik told the Blade that Helem’s community center “has not been damaged yet” in the latest war. She said, however, the impact of the April 8 airstrikes “mirrors the ongoing war Lebanon has endured since 2024.”

“The intensity of these recent strikes and the resulting massacres in ‘relatively’ safe areas of Beirut have been devastating,” said Mteirik.

“With over 300 victims, the displacement crisis has intensified,” she added. “When state responses are not inclusive, LGBTQIA+ individuals face amplified risks, including exclusion from collective shelters, homelessness, exposure to violence, loss of income, and barriers to essential healthcare.”

Helem: Lebanese government war response must be LGBTQ-inclusive

Article 534 of Lebanon’s Penal Code states “any sexual intercourse contrary to the order of nature is punishable” by up to a year in prison. Several judges in recent years have opted not to use the statute to prosecute LGBTQ people who have been charged under it.

Helem on March 4 called upon the Lebanese government and international NGOs to develop a response to the Israeli airstrikes that is “comprehensive, fair, and inclusive of all groups, without exception or discrimination.” Helem’s specific requests include:

• Integrating a rights-based, non-discriminatory approach into all stages of emergency planning.

• Training response staff on protection principles regarding gender-based violence and discrimination.

• Reassessing the “traditional family” shelter model that systematically excludes non-traditional families and individuals.

• Involving specialized civil society organizations in the design and monitoring of response plans.

• Establishing clear accountability standards to prevent discriminatory practices.

“Past experiences show that state response plans often fail to include displaced LGBTQ+ individuals,” said Mteirik.

Mteirik conceded the “conclusion of this conflict remains uncertain.” She stressed Helem “remains committed to standing with our community.”

“In these difficult times, we reaffirm our call for humanitarian solidarity that transcends identities,” said Mteirik. “Our work is an extension of our rejection of violence, occupation, and the exploitation of individuals and their lives.”

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Federal Government

Inside the LGBTQ records of Todd Blanche and Markwayne Mullin

Two men are acting attorney general, DHS secretary

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From left, Acting U.S. Attorney General Todd Blanche and Homeland Security Secretary Markwayne Mullen (Photos public domain)

President Donald Trump became famous for his use of the phrase “You’re fired!” while hosting the reality TV show “The Apprentice” in the early 2000s. However, during his time in the Oval Office, he has attempted to distance himself from that image.

Despite those efforts, the phrase once again comes to mind as Trump has fired two high-level female Cabinet members within the past month: Pam Bondi and Kristi Noem.

Their replacements — Todd Blanche at the Justice Department and Markwayne Mullin at the Department of Homeland Security — bring records that, while different in depth, both reflect limited support for LGBTQ protections and, in some cases, direct opposition.

Todd Blanche

Acting attorney general

Little has been found regarding Todd Blanche’s LGBTQ history prior to his role as acting head of the Department of Justice. Unlike those who have worked within the Justice Department’s Civil Rights Division or served as state attorneys general, he has not developed a public-facing legal ideology on LGBTQ issues.

Blanche attended American University for his undergraduate studies — like fellow Trump attorney Michael Cohen — where he met his future wife, Kristin, who was studying at nearby Catholic University in D.C.

He began his legal career as an intern at the U.S. Attorney’s Office in Washington, which eventually became a full-time position. He later worked as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003. He and his wife later married and had two children.

Blanche left the U.S. attorney’s office in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.

In his personal capacity, he represented several figures associated with Donald Trump and former New York City Mayor Rudy Giuliani, including Trump’s former campaign manager Paul Manafort, businessman Igor Fruman, and attorney Boris Epshteyn.

In 2024, Blanche switched from Democrat to Republican, aligning himself with Trump’s political orbit. He later served as Trump’s personal defense attorney in the New York State case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to bisexual adult film star Stormy Daniels.

Now the highest-ranking official at the Justice Department, Blanche has played a central role in overseeing the department and has been involved in leadership decisions tied to several controversial actions affecting LGBTQ people.

In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population,” if legal action were taken against NYU Langone. The hospital had “permanently” ended a program earlier that month after the Trump-Vance administration threatened to pull all federal funding if it continued prescribing puberty blockers and hormones to minors.

Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”

“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he said.

Blanche also echoed his predecessor’s public stance on limiting LGBTQ-related protections at the federal level, aligning with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessions in schools and limits lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.

Calling it “another great decision that came down today,” Blanche argued that the ruling “restores parents’ rights to decide their child’s education,” adding: “It seems like a basic idea, but it took the Supreme Court to set the record straight, and we thank them for that. And now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”

In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse, and rape under the Prison Rape Elimination Act. The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.

Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”

Blanche is also described as having a “strong belief in executive authority.”

Markwayne Mullin

Secretary of Homeland Security

While Blanche’s record is defined more by recent actions than a long paper trail, Markwayne Mullin brings a more established history on LGBTQ issues from his time in Congress.

The head of the Department of Homeland Security has served in Congress since 2013, in both the U.S. House of Representatives and U.S. Senate. He has been actively engaged in shaping restrictions and aligns with broader cultural rhetoric that frames anti-LGBTQ speech as protected expression.

In May 2016, Mullin criticized the Department of Education and the Justice Department’s “Dear Colleague” letter on transgender students, arguing that trans girls should not use girls’ restrooms in public schools.

By January 2021, Mullin and then-Hawaii Congresswoman Tulsi Gabbard had introduced a bill to prevent trans women from participating in women’s sports.

Mullin was not recorded as voting on the final passage of the Respect for Marriage Act, which codified federal recognition of same-sex and interracial marriage.

In 2023, Mullin received a rating of just 6 percent from the Human Rights Campaign.

While serving in the Senate and as a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion in federal programs. He has participated in broader Republican efforts questioning equity-based implementation of the Older Americans Act, including guidance related to sexual orientation and gender identity in aging services, arguing such policies could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security.

He was among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the House on Jan. 6.

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District of Columbia

Whitman-Walker Health to present ‘Pro Bono Excellence’ award to law firm

Health center set to celebrate 40th anniversary of legal services program

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Whitman-Walker Health’s Pro Bono Excellence award is named for Dale Edwin Sanders. (Photo courtesy of the family)

Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, announced it will present its annual Dale Edwin Sanders Award for Pro Bono Excellence to the international law firm McDermott Will & Schulte at a May 6 ceremony.

“This year’s award is especially significant as it coincides with the 40th anniversary of Whitman-Walker Health’s Legal Services Program, marking it as the nation’s longest running medical-legal partnership,” a statement released by Whitman-Walker says.

“As a national leader in public health, Whitman-Walker celebrates our partnership with McDermott to strengthen the health center and to enable Whitman-Walker to reach more medical and legal clients,” the statement adds.

“McDermott’s firm-wide commitment to Whitman-Walker’s medical-legal partnership demonstrates a shared vision to serve those most in need,” Amy Nelson, Whitman-Walker’s director of Legal Services, says in the statement. “Our work protects individuals and families who face discrimination and hostility as they navigate increasingly complex administrative  systems,” Nelson said.

“Pro bono legal services – like that of McDermott Will & Schulte – find solutions for people who have no place else to turn in the face of financial and health threats,” she added.

“Our partnership with Whitman-Walker Health is a treasured commitment to serving our neighbors and communities,” Steven Schnelle, one of the law firm’s partners said in the statement. “We are deeply moved by Whitman-Walker’s unwavering dedication to inclusion, respect, and equitable access to health care and social services,” he said.

The statement notes that the award for Pro Bono Excellence honors the legacy of the late gay attorney Dale Edwin Sanders. It says Sanders’s pro bono legal work for Whitman-Walker clients “shaped HIV/AIDS law for more than four decades by securing key victories on behalf of individuals whose employment and patient rights were violated.”

It says the Whitman-Walker Legal Services program began during the early years of the AIDS epidemic in the 1980s at a time when people with AIDS faced widespread discrimination and often needed legal assistance. According to the statement, the program evolved over the years and expanded to advocate for transgender people and immigrants.

Whitman-Walker spokesperson Lisa Amore said the presentation of the Dale Edwin Sanders Pro Bono Excellency Award will be held at the May 6 fundraising benefit for Whitman-Walker’s Legal Services Program. She said the event will take place at the offices of the DC law firm Baker McKenzie and ticket availability can be accessed here: https://www.whitman-walker.org/gtem-2026/

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