National
DOJ files Supreme Court brief for baker who refused to serve gays
Trump administration argues right to expression trumps Colorado law
The Justice Department under Jeff Sessions is arguing for a right for a Colorado baker to refuse service to same-sex couples. (Photo by Gage Skidmore; courtesy Wikimedia Commons)
The U.S. Justice Department has voluntarily weighed in on a case pending before the U.S. Supreme Court in favor of a Colorado bakery asserting a First Amendment right to deny wedding cakes to same-sex couples.
The 41-page friend-of-the-court brief filed by the Justice Department under U.S. Attorney General Jeff Sessions makes the case Jack Phillips, owner of Masterpiece Cakeshop, has the freedom of expression right to refuse to make same-sex couples a wedding cake.
“Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights in a manner akin to the governmental intrusion in Hurley,” the filing says. “Colorado has not offered, and could not reasonably offer, a sufficient justification for that compulsion here.”
The arguments presented by the Justice Department seem crafted for limited application to the baking of wedding cakes. At one point, the brief asserts the cake “signifies and celebrates the beginning of a marriage — namely, the ceremony in which the newlyweds cut the cake together and sometimes feed it to each other.”
The Justice Department also argues the prohibition of racial discrimination is a compelling reason to subordinate freedom of expression to non-discrimination laws, but “the same cannot be said for opposition to same-sex marriage.”
“The Court has not similarly held that classifications based on sexual orientation are subject to strict scrutiny or that eradicating private individuals’ opposition to same-sex marriage is a uniquely compelling interest,” the filing says. “To the contrary, the Court has recognized that opposition to same-sex marriage ‘long has been held — and continues to be held — in good faith by reasonable and sincere people,” and that ‘[m]any who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises.'”
The Supreme Court agreed to hear the case in June after an administrative judge ruled Masterpiece Cakeshop illegally discriminated against a same-sex couple by refusing to sell them a wedding cake — a decision the Colorado Court of Appeals upheld in 2015. The Colorado Supreme Court has declined to review these decisions and let them stand.
Lauren Ehrsam, a Justice Department spokesperson, said the Justice Department filed the brief “because the First Amendment protects the right of free expression for all Americans.”
“Although public-accommodations laws serve important purposes, they — like other laws — must yield to the individual freedoms that the First Amendment guarantees,” Ehrsam said. “That includes the freedom not to create expression for ceremonies that violate one’s religious beliefs.”
Charlie Craig and David Mullins, a same-sex couple, filed the lawsuit against Masterpiece Cakeshop after they asked Phillips to design and produce a wedding cake in 2012 for their wedding in Massachusetts. Phillips refused based on his religious beliefs, but said he would be happy to make and sell them other baked goods.
In 2013, the American Civil Liberties Union and the ACLU of Colorado filed a lawsuit on behalf of Mullins and Craig, alleging the bakery discriminated on the basis of sexual orientation. Representing Masterpiece Cakeshop is Alliance Defending Freedom, an anti-LGBT legal group designated by the Southern Poverty Law Center as a hate group.
Among the arguments in the brief asserting the supremacy of Masterpiece Cakeshop right to refuse service over Colorado’s non-discrimination is the state’s own absence of marriage equality at the time the purchase was requested.
“In other words, the State itself did not acknowledge the validity of the union it sought to compel petitioners to celebrate,” the brief says. “It was not until October 2014, after federal courts had ruled that Colorado’s same-sex marriage laws were invalid, that the State began issuing marriage licenses to same-sex couples. Especially given that background, the State has not advanced a sufficient state interest to override petitioners’ weighty First Amendment interest in declining to create the expression at issue here.”
It’s not the first voluntary anti-gay amicus brief the Justice Department filed under the Trump administration. The department also made a filing before the U.S. Second Circuit Court of Appeals arguing Title VII of the Civil Rights of 1964 affords no non-discrimination protections to lesbian, gay and bisexual people.
Louise Melling, deputy legal director of the American Civil Liberties Union, said the filing was the latest in a series of anti-LGBT moves from the Trump administration.
“This Justice Department has already made its hostility to the rights of LGBT people and so many others crystal clear,” Melling said. “But this brief was shocking, even for this administration. What the Trump Administration is advocating for is nothing short of a constitutional right to discriminate. We are confident that the Supreme Court will rule on the side of equal rights just as the lower courts have.”
The brief is consistent with remarks Sessions gave in July at an Orange County conference for Alliance Defending Freedom in which he pledged to make protecting religious freedom a priority.
“The federal government will actively find ways to accommodate people of all faiths,” Sessions said at the time. “The protections enshrined in the Constitution and our laws protect all Americans, including when we work together, speak in the public square, and when we interact with our government. We don’t waive our constitutional rights when we participate fully in public life and civic society.”
U.S. Supreme Court
Activists rally for Andry Hernández Romero in front of Supreme Court
Gay asylum seeker ‘forcibly deported’ to El Salvador, described as political prisoner
More than 200 people gathered in front of the U.S. Supreme Court on Friday and demanded the Trump-Vance administration return to the U.S. a gay Venezuelan asylum seeker who it “forcibly disappeared” to El Salvador.
Lindsay Toczylowski, president of the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Andry Hernández Romero, is among those who spoke alongside U.S. Rep. Mark Takano (D-Calif.) and Human Rights Campaign Campaigns and Communications Vice President Jonathan Lovitz. Sarah Longwell of the Bulwark, Pod Save America’s Jon Lovett, and Tim Miller are among those who also participated in the rally.
“Andry is a son, a brother. He’s an actor, a makeup artist,” said Toczylowski. “He is a gay man who fled Venezuela because it was not safe for him to live there as his authentic self.”
(Video by Michael K. Lavers)
The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”
President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The Trump-Vance administration subsequently “forcibly removed” Hernández and hundreds of other Venezuelans to El Salvador.
Toczylowski said she believes Hernández remains at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. Toczylowski also disputed claims that Hernández is a Tren de Aragua member.
“Andry fled persecution in Venezuela and came to the U.S. to seek protection. He has no criminal history. He is not a member of the Tren de Aragua gang. Yet because of his crown tattoos, we believe at this moment that he sits in a torture prison, a gulag, in El Salvador,” said Toczylowski. “I say we believe because we have not had any proof of life for him since the day he was put on a U.S. government-funded plane and forcibly disappeared to El Salvador.”
“Andry is not alone,” she added.
Takano noted the federal government sent his parents, grandparents, and other Japanese Americans to internment camps during World War II under the Alien Enemies Act. The gay California Democrat also described Hernández as “a political prisoner, denied basic rights under a law that should have stayed in the past.”
“He is not a case number,” said Takano. “He is a person.”
Hernández had been pursuing his asylum case while at the Otay Mesa Detention Center in San Diego.
A hearing had been scheduled to take place on May 30, but an immigration judge the day before dismissed his case. Immigrant Defenders Law Center has said it will appeal the decision to the Board of Immigration Appeals, which the Justice Department oversees.
“We will not stop fighting for Andry, and I know neither will you,” said Toczylowski.
Friday’s rally took place hours after Attorney General Pam Bondi said Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador, had returned to the U.S. Abrego will face federal human trafficking charges in Tennessee.
National
A husband’s story: Michael Carroll reflects on life with Edmund White
Iconic author died this week; ‘no sunnier human in the world’
Unlike most gay men of my generation, I’ve only been to Fire Island twice. Even so, the memory of my first visit has never left me. The scenery was lovely, and the boys were sublime — but what stood out wasn’t the beach or the parties. It was a quiet afternoon spent sipping gin and tonics in a mid-century modern cottage tucked away from the sand and sun.
Despite Fire Island’s reputation for hedonism, our meeting was more accident than escapade. Michael Carroll — a Facebook friend I’d chatted with but never met — mentioned that he and his husband, Ed, would be there that weekend, too. We agreed to meet for a drink. On a whim, I checked his profile and froze. Ed was author Edmund White.
I packed a signed copy of Carroll’s “Little Reef” and a dog-eared hardback of “A Boy’s Own Story,” its spine nearly broken from rereads. I was excited to meet both men and talk about writing, even briefly.
Yesterday, I woke to the news that Ed had passed away. Ironically, my first thought was of Michael.
This week, tributes to Edmund White are everywhere — rightly celebrating his towering legacy as a novelist, essayist, and cultural icon. I’ve read all of his books, and I could never do justice to the scope of a career that defined and chronicled queer life for more than half a century. I’ll leave that to better-prepared journalists.
But in those many memorials, I’ve noticed something missing. When Michael Carroll is mentioned, it’s usually just a passing reference: “White’s partner of thirty years, twenty-five years his junior.” And yet, in the brief time I spent with this couple on Fire Island, it was clear to me that Michael was more than a footnote — he was Ed’s anchor, editor, companion, and champion. He was the one who knew his husband best.
They met in 1995 after Michael wrote Ed a fan letter to tell him he was coming to Paris. “He’d lost the great love of his life a year before,” Michael told me. “In one way, I filled a space. Understand, I worshiped this man and still do.”
When I asked whether there was a version of Ed only he knew, Michael answered without hesitation: “No sunnier human in the world, obvious to us and to people who’ve only just or never met him. No dark side. Psychology had helped erase that, I think, or buffed it smooth.”
Despite the age difference and divergent career arcs, their relationship was intellectually and emotionally symbiotic. “He made me want to be elegant and brainy; I didn’t quite reach that, so it led me to a slightly pastel minimalism,” Michael said. “He made me question my received ideas. He set me free to have sex with whoever I wanted. He vouchsafed my moods when they didn’t wobble off axis. Ultimately, I encouraged him to write more minimalistically, keep up the emotional complexity, and sleep with anyone he wanted to — partly because I wanted to do that too.”
Fully open, it was a committed relationship that defied conventional categories. Ed once described it as “probably like an 18th-century marriage in France.” Michael elaborated: “It means marriage with strong emotion — or at least a tolerance for one another — but no sex; sex with others. I think.”
That freedom, though, was always anchored in deep devotion and care — and a mutual understanding that went far beyond art, philosophy, or sex. “He believed in freedom and desire,” Michael said, “and the two’s relationship.”
When I asked what all the essays and articles hadn’t yet captured, Michael paused. “Maybe that his writing was tightly knotted, but that his true personality was vulnerable, and that he had the defense mechanisms of cheer and optimism to conceal that vulnerability. But it was in his eyes.”
The moment that captured who Ed was to him came at the end. “When he was dying, his second-to-last sentence (garbled then repeated) was, ‘Don’t forget to pay Merci,’ the cleaning lady coming the next day. We had had a rough day, and I was popping off like a coach or dad about getting angry at his weakness and pushing through it. He took it almost like a pack mule.”
Edmund White’s work shaped generations — it gave us language for desire, shame, wit, and liberation. But what lingers just as powerfully is the extraordinary life Ed lived with a man who saw him not only as a literary giant but as a real person: sunny, complex, vulnerable, generous.
In the end, Ed’s final words to his husband weren’t about his books or his legacy. They were about care, decency, and love. “You’re good,” he told Michael—a benediction, a farewell, maybe even a thank-you.
And now, as the world celebrates the prolific writer and cultural icon Edmund White, it feels just as important to remember the man and the person who knew him best. Not just the story but the characters who stayed to see it through to the end.
District of Columbia
In town for WorldPride? Take a D.C. LGBTQ walking tour
Scenes of protest, celebration, and mourning
As Washington welcomes the world for WorldPride, it’s essential to honor the city’s deep-rooted LGBTQ history—an integral part of the broader story of the nation’s capital. The following locations have served as cornerstones of queer life and activism in D.C., shaping both local and national movements for LGBTQ rights. So take a walk around “the gayest city in America” and check out these sites.
DUPONT CIRCLE AREA
Dupont Circle
Central hub of LGBTQ life since the early 20th century, hosting Pride parades, Dyke Marches, and cruising culture. A long-standing site of protests and celebrations.
Washington Hilton – 1919 Connecticut Ave NW
Hosted D.C.’s first major hotel drag event in 1968 and the iconic Miss Adams Morgan Pageant. Protested in 1978 during Anita Bryant’s appearance.
Lesbian Avengers – 1426 21st St NW
Formed in 1992, the group empowered lesbians through bold direct actions. They met in Dupont Circle and launched the city’s first Dyke March.
Lambda Rising Bookstore (former) – 1724 20th Street NW
D.C.’s first LGBTQ bookstore and the birthplace of the city’s inaugural Pride celebration in 1975.
Women In The Life (former office) – 1623 Connecticut Ave NW
Founded in 1993 by Sheila Alexander-Reid as a safe space and support network for lesbians of color.
17th Street NW Corridor – Between P & R Streets NW
Core of the LGBTQ business district, home to the annual High Heel Race in October and the June Block Party celebrating the origins of D.C. Pride.
CAPITOL HILL / SOUTHEAST
Tracks (former) – 80 M St SE
Once D.C.’s largest gay club, famous for inclusive parties, RuPaul shows, and foam nights from 1984 to 2000.
Ziegfeld’s / The Other Side – 1345 Half Street SE
Legendary drag venue since 1978, hosting famed performers like Ella Fitzgerald.
Club 55 / Waaay Off Broadway – 55 K Street SE
Converted theater central to D.C.’s early drag and Academy pageant scenes.
Congressional Cemetery – 1801 E Street SE
Resting place of LGBTQ figures like Sgt. Leonard Matlovich and Peter Doyle. Offers queer history tours.
Mr. Henry’s – 601 Pennsylvania Ave SE
LGBTQ-friendly bar since 1966 and the launching stage for Roberta Flack’s career.
The Furies Collective House – 219 11th Street SE
Home to a 1970s lesbian feminist collective that published “The Furies.” Members included Rita Mae Brown.
ARCHIVES / PENN QUARTER
Archives Metro & Center Market Site – 7th St & Pennsylvania Ave NW
Where Walt Whitman met Peter Doyle in 1865, commemorated by a sculpture linking Whitman and poet Fernando Pessoa.
COLUMBIA HEIGHTS / PETWORTH
Palm Ballroom (former) – 4211 9th Street NW
Mid-20th century venue for Black drag balls and LGBTQ events during segregation.
NATIONAL MALL AREA
National Mall / Washington Monument Grounds
Historic site of LGBTQ activism and remembrance, including the 1987 display of the AIDS Memorial Quilt and a mass same-sex wedding. Hosted major civil rights marches in 1979, 1987, and 1993.
NORTHWEST DC
Dr. Franklin E. Kameny House – 5020 Cathedral Ave NW
Home of gay rights pioneer Frank Kameny and the Mattachine Society of Washington; now a national landmark.
LAFAYETTE SQUARE / WHITE HOUSE
Lafayette Park – Pennsylvania Ave & 16th St NW
Historic gay cruising area and epicenter of government surveillance during the Lavender Scare.
Data from: SSecret City by James Kirchick, The Deviant’s War by Frank Kameny, Brett Beemyn, The Rainbow History Project, NPS Archives, Washington Blade Archives.
South African activists demand action to stop anti-LGBTQ violence
Gay pharmacist’s murder sparks outrage in Chile
D.C. police investigating threat of shooting at WorldPride festival
Capitalism, patriarchy, and neocolonialism are repackaging the scramble for Africa
WorldPride wraps up after epic weekend of events
Japan should end abusive detention conditions for transgender people
I interviewed Biden in late 2024 and he was attentive, engaged
Delaware Gov. Meyer announces LGBTQ commission
PHOTOS: Capital Pride Honors
