Connect with us

News

Holder to announce new DOJ policy on gay rights

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

Published

on

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 atĀ ensuring the Justice Department recognizes same-sex marriages under the law, the Washington Blade has learned.

HolderĀ is scheduled toĀ deliver the remarks at 7 p.m. during his speech at the Human Rights Campaign’s annual gala in New York CityĀ held at theĀ 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 generationā€™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:

ā€¢ 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.

ā€¢ 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.

ā€¢ 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 spouseā€™s funeral; correspondence with a spouse; and compassionate release or reduction in sentence if an inmateā€™s spouse is incapacitated.

ā€¢ 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 Officersā€™ 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 heroā€™s spouse ā€“ 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 ā€” the eligibility of married same-sex couples to file jointly for bankruptcy ā€” 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 Departmentā€™s role in confronting discrimination must be as aggressive today as it was in Robert Kennedy’s time.Ā  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 ā€” 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.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Hungary

New Hungarian law bans Pride marches

Viktor OrbĆ”n’s government has cracked down on LGBTQ rights

Published

on

Stickers on the door to the HƔtter Society's offices in Budapest, Hungary, in April 2024. Hungarian lawmakers have approved a bill that would ban Pride events in the country. (Washington Blade photo by Michael K. Lavers)

Hungarian lawmakers on Tuesday passed a bill that would ban Pride events and allow authorities to use facial recognition technology to identify those who participate in them.

The Associated Press reported thousands of protesters gathered outside the Hungarian parliament in Budapest, the country’s capital, after MPs approved the measure by a 136-27 vote margin. The protesters later blocked traffic on the nearby Margaret Bridge over the Danube River.

ā€œNot only does this law introduce discriminatory and simply evil restrictions on freedom of assembly, but it was also adopted in a highly undemocratic manner, through an extraordinary procedure that did not allow for any real debate,ā€ said TamĆ”s Dombos of the HĆ”ttĆ©r Society, a Hungarian LGBTQ and intersex rights group, in a statement that Outright International released after the vote. ā€œThey proposed it yesterday, and the parliament adopted it today.”

Amnesty International Hungary Director DƔvid Vig also criticized the vote.

ā€œThis law is a full-frontal attack on the LGBTI community and a blatant violation of Hungaryā€™s obligations to prohibit discrimination and guarantee freedom of expression and peaceful assembly,” said Vig.

Prime Minister Viktor OrbƔn and members of his government in recent weeks said they would ban public Pride marches in Budapest. The 30th Budapest Pride is scheduled to take place on June 28.

“The Hungarian government is trying to restrict peaceful protests with a critical voice by targeting a minority,” said Budapest Pride on Tuesday in a statement the Washington Blade published. “Therefore, as a movement, we will fight for the freedom of all Hungarians to protest!”

OrbƔn and members of his ruling Fidesz party over the last decade have moved to curtail LGBTQ and intersex rights in Hungary.

A law that bans legal recognition of transgender and intersex people took effect in 2020. Hungarian MPs that year also effectively banned same-sex couples from adopting children and defined marriage in the constitution as between a man and a woman.

An anti-LGBTQ propaganda law took effect in 2021. The European Commission sued Hungary, which is a member of the European Union, over it.

MPs in 2023 approved the ā€œsnitch on your gay neighborā€ bill that would have allowed Hungarians to anonymously report same-sex couples who are raising children. The Budapest Metropolitan Government Office in 2023 fined Lira Konyv, the countryā€™s second-largest bookstore chain, 12 million forints ($33,001.94), for selling copies of British author Alice Osemanā€™s ā€œHeartstopper.ā€

Former U.S. Ambassador to Hungary David Pressman, who is gay, participated in the Budapest Pride march in 2024 and 2023. Pressman was also a vocal critic of Hungaryā€™s anti-LGBTQ crackdown.

“We will not be intimidated, we will not give in to bullying,” said Dombos. “We are celebrating Pride for the 30th time in Budapest this year.”

“There was Pride before the OrbĆ”n governments, and there will be Pride after,” he added.

Elections will take place in Hungary in 2026.

Budapest Pride spokesperson Johanna Majercsik earlier this month said the Hungarian Helsinki Committee, a Budapest-based human rights NGO, has offered their organization legal advice.

Continue Reading

District of Columbia

Town nightclub lawsuit against landlord dismissed in September

Court records show action was by mutual consent

Published

on

The former St. Phillips Baptist Church at 1001 North Capitol St., N.E., was slated to be the new home of Town 2.0. (Washington Blade photo by Lou Chibbaro, Jr.)

A lawsuit filed in April 2024 by Town 2.0, the company that planned to reopen the popular LGBTQ nightclub Town in a former church on North Capitol Street that accused its landlord of failing to renovate the building as required by a lease agreement was dismissed in a little-noticed development on Sept. 6, 2024.

A document filed in D.C. Superior Court, where the lawsuit was filed against Jemalā€™s Sanctuary LLC, the company that owns the church building, shows that a ā€œStipulation of Dismissal With Prejudiceā€ was jointly filed by the attorneys representing the two parties in the lawsuit and approved by the judge.

Jemal’s Sanctuary is a subsidiary of the Douglas Development Corporation, one of the city’s largest real estate development firms. 

An attorney familiar with civil litigation who spoke to the Washington Blade on condition of not being identified said a stipulation of dismissal indicates the two parties reached a settlement to terminate the lawsuit on conditions that are always confidential and not included in court records.

The attorney who spoke with the Blade said the term ā€œwith prejudiceā€ means the lawsuit cannot be re-filed again by either of the two parties.

The public court records for this case do not include any information about a settlement or the terms of such a settlement. However, the one-sentence Stipulation Of Dismissal With Prejudice addresses the issue of payment of legal fees.

ā€œPursuant to Rule 41(a) of the District of Columbia Superior Court Civil Rules, Plaintiff Town 2.0 LLC and Defendant Jemalā€™s Sanctuary LLC, by and through their undersigned counsel, hereby stipulate that the lawsuit be dismissed in its entirety, with prejudice, as to any and all claims and counterclaims asserted therein, with each party to bear its own fees and costs, including attorneysā€™ fees.ā€

The Town 2.0 lawsuit called for the termination of the lease and at least $450,000 in damages on grounds that Jemalā€™s Sanctuary violated the terms of the lease by failing to complete renovation work on the building that was required to be completed by a Sept. 1, 2020 ā€œdelivery date.ā€

In response to the lawsuit, attorneys for Jemalā€™s Sanctuary filed court papers denying the company violated the terms of the lease and later filed a countersuit charging Town 2.0 with violating its requirements under the lease, which the countersuit claimed included doing its own required part of the renovation work in the building, which is more than 100 years old.

Court records show Judge Maurice A. Ross, who presided over the case, dismissed the countersuit at the request of Town 2.0 on Aug. 20, 2024, on grounds that it was filed past the deadline of a three-year statute of limitations for filing such a claim.

Neither the owners of Town 2.0, their attorney, nor the attorney representing Jemalā€™s Sanctuary responded to a request by the Washington Blade for comment on the mutual dismissal of the lawsuit.

Town 2.0 co-owner John Guggenmos, who also owns with his two business partners the D.C. gay bars Trade and Number Nine, did not respond to a question asking if he and his partners plan to open Town 2.0 at another location.

What was initially known as Town Danceboutique operated from 2007 to 2018 in a large, converted warehouse building on 8th Street, N.W., just off Florida Avenue. It was forced to close when the buildingā€™s owner sold it to a developer who built a residential building in its place.

It was the last of the cityā€™s large LGBTQ dance hall nightclubs that once drew large crowds, included live entertainment, and often hosted fundraising events for LGBTQ community organizations and causes.  

Continue Reading

World

Advocacy group calls for WorldPride boycott

African Human Rights Coalition notes ‘fascist regime’ now governs US

Published

on

(Screenshot courtesy of WorldPride's website)

A group that promotes LGBTQ rights in Africa has called for a boycott of WorldPride in D.C.

The African Human Rights Coalition in a press release it issued on Monday said it is “calling on LGBTQI+ Africans and LGBTQI+ people worldwide to refrain from attending WorldPride in the United States of America, because the event is being held in a venue, Washington D.C., the USA, governed now by an antagonistic fascist regime which presents distinct dangers to foreign LGBTQI+ attendees.”

“While commending WorldPride, Capital Pride Alliance, and InterPride for all the hard work, over several years, to put this event together, no one could have predicted the current state of the USA, and the organizations must revisit this contextuality and with deep concern,” said the African Human Rights Coalition.

The group acknowledged it is “probably impossible to hold (WorldPride) elsewhere at such late notice.” The African Human Rights Coalition nevertheless said WorldPride “must consider withdrawing the event from the USA, and come out with a strong statement condemning the U.S. for the dangerous environment it presents to LGBTQI+ people entering the country, the current human rights infractions, and the decimation of democracy, trans rights and the general attack on LGBTQI+ communities, in the U.S. and around the world.”

“This is not business as usual and not a time for celebration, but rather the time for resistance,” said the African Human Rights Coalition.

WorldPride is scheduled to take place in D.C. from May 17-June 8.

President Donald Trumpā€™s anti-transgender executive orders have sparked growing concern among governments and advocacy groups around the world.

Germanyā€™s Federal Foreign Office on March 5 issued a travel advisory for trans and nonbinary people who are planning to visit the U.S. It specifically notes Trumpā€™s executive order that bans the State Department from issuing passports with ā€œXā€ gender markers.

InterPride, the organization that coordinates WorldPride events, last week issued its own advisory for trans and nonbinary people who want to travel to the U.S. for WorldPride. Egale Canada, one of Canadaā€™s largest LGBTQ advocacy organizations, in February announced its members will not attend WorldPride and any other event in the U.S. because of the Trump-Vance administrationā€™s policies.

The African Human Rights Coalition said it has “reached out to” WorldPride. Capital Pride on Monday told the Washington Blade it was “not aware” of the boycott call, but is “working on a response and doing more digging on this.”

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular